SOCIAL RIGHTS IN EUROPE IN AN AGE OF AUSTERITY PDF Download

Author: Stefano Civitarese Matteucci
Publisher: Routledge
ISBN: 1351791427
Category : Law
Languages : en
Pages : 334

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Book Description
This collection of essays examines the promise and limits of social rights in Europe in a time of austerity. Presenting in the first instance five national case studies, representing the biggest European economies (UK, France, Germany, Italy and Spain), it offers an account of recent reforms to social welfare and the attempts to resist them through litigation. The case studies are then used as a foundation for theory-building about social rights. This second group of chapters develops theory along two complementary lines: first, they explore the dynamics between social rights, public law, poverty and welfare in times of economic crisis; second, they consider the particular significance of the European context for articulations of, and struggles over, social rights. Employing a range and depth of expertise across Europe, the book constitutes a timely and highly significant contribution to socio-legal scholarship about the character and resilience of social rights in our national and regional constitutional settings.

Author: Nuno Cerejeira Namora
Publisher: Cambridge Scholars Publishing
ISBN: 1527526097
Category : Law
Languages : en
Pages : 622

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Book Description
This book analyses the most important problems and challenges of the current labour market from the point of view of the balance between the parties of the employment contract. The contributions here are related to various pressing topics, including, for example, the future of work and worker protection on an international level against the strengthening of employers’ powers. In addition, the nature and limits of employers’ power, non-competition contractual clauses and workers’ rights in the face of new communication and information technologies are also discussed. The contributors are drawn from several countries, such as Portugal, Spain, Bolivia, Italy, México and Switzerland. The book will appeal to lawyers, legal experts, human resources experts, economist, judges, academia, and staff from companies and trade unions, and employers’ representation. The volume features insights and contributions in different languages, with chapters in Spanish (12), English (4) and Portuguese (5).

Author: The Academic Network on the European
Publisher: BRILL
ISBN: 9004434062
Category : Law
Languages : en
Pages : 368

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Book Description
This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 2 analyses the European Social Charter provisions, starting with the Preamble and covering Articles 1 to 10 and is edited by Carole Nivard.

Author: Shimon Shetreet
Publisher: BRILL
ISBN: 9004421556
Category : Law
Languages : en
Pages : 588

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Book Description
The book offers articles by senior jurists on important aspects of judicial independence and judicial process in many jurisdictions, including indicators of justice. It comes at the time of serious challenges to the judiciary, the rule of law and democracy.

Author: Salvatore Bonfiglio
Publisher: Routledge
ISBN: 0429685912
Category : Law
Languages : en
Pages : 185

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Book Description
This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts.

Author: Cecilia Blengino
Publisher: Ledizioni
ISBN: 8855260049
Category : Law
Languages : en
Pages : 168

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Book Description
“As richly described in the various chapters of this book, we see that clinics can act as a window to the functioning of law and the legal system. Clinics allow students and faculty to see how laws and the legal system are functioning for groups of people who otherwise likely would not be a part of the common experience of professors and their students: poor people generally, migrants and refugees, women and children exploited by trafficking, people with disabilities, ethnic minorities, prisoners, and so on. Legal systems the world over tend to give less care and attention to the problems of the poor and other disempowered groups, and such people usually lack access to well-educated legal advocates to help them fight to make the legal system work for them. Through clinic cases, students and faculty see the day-today lives of people marginalized by the society, see how the law affects and influences their lives, and see how it serves or fails to serve them. For law professors involved in clinical education, such as the authors of this book, heightened awareness of the law’s operation for poor people adds another important perspective to the subjects of their research and work as commentators on the law. Students can also be inspired to select topics for research papers, master or PhD theses by exposure to problems in the law and legal system as it functions for their clients.” (Dall’introduzione)

Author: David Bailey
Publisher: Routledge
ISBN: 1317494563
Category : Political Science
Languages : en
Pages : 356

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Book Description
Much of the critical discussion of the European political economy and the Eurozone crisis has focused upon a sense that solidaristic achievements built up during the post-war period are being continuously unravelled. Whilst there are many reasons to lament the trajectory of change within Europe’s political economy, there are also important developments, trends and processes which have acted to obstruct, hinder and present alternatives to this perceived trajectory of declining social solidarity. These alternatives have tended to be obscured from view, in part as a result of the conceptual approaches adopted within the literature. Drawing from examples across the EU, this book presents an alternative narrative and explanation for the development of Europe’s political economy and crisis, emphasising the agency of what are typically considered subordinate (and passive) actors. By highlighting patterns of resistance, disobedience and disruption it makes a significant contribution to a literature that has otherwise been more concerned to understand patterns of heightened domination, exploitation, inequality and neoliberal consolidation. It will be of interest to students and scholars alike.

Author: Padraic Kenna
Publisher: Routledge
ISBN: 1317160835
Category : Law
Languages : en
Pages : 300

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Book Description
The globalization of housing finance led to the global financial crisis, which has created new barriers to adequate and affordable housing. It presents major challenges for current housing law and policy, as well as for the development of housing rights. This book examines and discusses key contemporary housing issues in the context of today’s globalized housing systems. The book takes up the challenge of developing a new paradigm, working towards the possibility of an alternative future. Revolving around three constellations of writing by diverse contributors, each chapter sets out a clear and developed approach to contemporary housing issues. The first major theme considers the crisis in mortgage market regulation, the development of mortgage securitization and comparisons between Spain and Ireland, two countries at the epicentre of the global housing market crisis. The second thematic consideration focuses on housing rights within the European human rights architecture, within national constitutions, and those arising from new international instruments, with their particular relevance for persons with disabilities and developing economies. The third theme incorporates an examination of responses to the decline and regeneration of inner cities, legal issues around squatting in developed economies, and changes in tenure patterns away from home-ownership. This topical book will be valuable to those who are interested in law, housing rights and human rights, policy-making and globalization.

Author: Francesco Merloni
Publisher: Springer
ISBN: 3319724932
Category : Law
Languages : en
Pages : 319

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Book Description
This book presents the results of extensive international comparative research into the effects of the economic and financial crisis on democratic institutions and social cohesion policies. The collected studies describe and analyse the measures (often referred to as "reforms") adopted to counter the crisis and the effects of these measures.It investigates three areas: the impact on the functioning of institutions, with respect to the relationship between representative institutions and governments, and the organisational structure of administrations at national and local levels; the impact that the austerity policies on public spending have on social rights; and the impact on traditional instruments of public action (administrative simplification, public services delivering, the use of common assets).The general findings highlight the effect of reducing the administrative and government capacity of the democratic institutions: the public sector, rather than being innovative and made more effective, declines, offering increasingly poor public services and making bad decisions, fuelling substantive or formal privatisation solutions, which in turn cause further weakening.

Author: Anuscheh Farahat
Publisher: Bloomsbury Publishing
ISBN: 1509942823
Category : Law
Languages : en
Pages : 364

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Book Description
This book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law. Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes. With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.