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Author: Siófra O'Leary Publisher: Bloomsbury Publishing ISBN: 1847314465 Category : Law Languages : en Pages : 326
Book Description
Despite the fact that the case-law of the European Court of Justice on employment related issues has become increasingly erratic of late,there is no denying the centrality of the Court's role in the development of EC employment law. Though concentration on the work of the Court of Justice may no longer be in vogue, this book examines its contribution in the employment law field in its political and economic context, as well as with reference to the juridical structures within which the Community's judicial arm is obliged to operate. The objective is not simply to critique the employment jurisprudence of the Court but also to examine the procedural, operational and structural context in which the Court of Justice is obliged to work and to reflect on how this context may affect the jurisprudential outcome. The book focuses, in particular, on the shortcomings of the preliminary reference procedure. When the Court of Justice hands down decisions in the employment law field, Article 234 EC dictates a particular type of judicial dialogue between it and the national referring courts. It is contended that the dual dispute resolution/public interest nature of the Court's role in the preliminary reference procedure goes some way to explaining why its answers are often regarded as unsatisfactory from the perspective of the referring court and “users” of EC law generally. The book further outlines the developing Community policy on employment and reflects on the effect which this nascent policy may have on the balancing exercises which the Court is inevitably called upon to perform in a variety of social policy contexts. Finally, part two of the book examines specific substantive areas of EC employment law. The policy considerations at play in the case-law of the Court are discussed in detail, as is the coherence of this case-law with the Community's political stance on employment.
Author: Siófra O'Leary Publisher: Bloomsbury Publishing ISBN: 1847314465 Category : Law Languages : en Pages : 326
Book Description
Despite the fact that the case-law of the European Court of Justice on employment related issues has become increasingly erratic of late,there is no denying the centrality of the Court's role in the development of EC employment law. Though concentration on the work of the Court of Justice may no longer be in vogue, this book examines its contribution in the employment law field in its political and economic context, as well as with reference to the juridical structures within which the Community's judicial arm is obliged to operate. The objective is not simply to critique the employment jurisprudence of the Court but also to examine the procedural, operational and structural context in which the Court of Justice is obliged to work and to reflect on how this context may affect the jurisprudential outcome. The book focuses, in particular, on the shortcomings of the preliminary reference procedure. When the Court of Justice hands down decisions in the employment law field, Article 234 EC dictates a particular type of judicial dialogue between it and the national referring courts. It is contended that the dual dispute resolution/public interest nature of the Court's role in the preliminary reference procedure goes some way to explaining why its answers are often regarded as unsatisfactory from the perspective of the referring court and “users” of EC law generally. The book further outlines the developing Community policy on employment and reflects on the effect which this nascent policy may have on the balancing exercises which the Court is inevitably called upon to perform in a variety of social policy contexts. Finally, part two of the book examines specific substantive areas of EC employment law. The policy considerations at play in the case-law of the Court are discussed in detail, as is the coherence of this case-law with the Community's political stance on employment.
Author: Síofra O'Leary Publisher: ISBN: 9781472562685 Category : Electronic books Languages : en Pages : 316
Book Description
Despite the fact that the case-law of the European Court of Justice on employment related issues has become increasingly erratic of late, there is no denying the centrality of the Court?s role in the development of EC employment law. Though concentration o.
Author: Catherine Barnard Publisher: ISBN: Category : Law Languages : en Pages : 524
Book Description
Employment law directly affects the rights and welfare of every citizen. With a workforce of over 164 million people, the EC faces a formidable task in implementing the social measures which have accompanied the foundation of a single economic market. This book provides a thorough and authoritative guide to EC employment law within a social and economic context. It also provides extensive coverage of complex equality case law and legislation
Author: Karl Riesenhuber Publisher: ISBN: 9781839701511 Category : Languages : en Pages : 1016
Book Description
European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.00The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers.
Author: Filip Dorssemont Publisher: A&C Black ISBN: 1782252118 Category : Law Languages : en Pages : 769
Book Description
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.
Author: Karl Riesenhuber Publisher: ISBN: 9781780680804 Category : Employee rights Languages : en Pages : 0
Book Description
European employment law is becoming increasingly important. Its impact upon domestic law of the Member States is growing in fields such as fixed-term employment contracts, collective redundancies, and industrial action. This book therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms, and competences of the EU in the field of employment law. A systematic presentation of the conflict of law rules then follows: the Rome I and Rome II Regulations, the Posting of Workers Directive, and the Brussels Regulation on the recognition and enforcement of judgments. Subsequently, the book focuses upon individual labor law which, at the EU level, is principally composed of: rules on non-discrimination, the protection of safety and health, and working time; rules on atypical forms of employment (part-time, fixed-term, and temporary agency work) and special groups of employees (mothers, parents, and young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer, and insolvency. This is followed by a discussion of collective labor law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, as well as employment law rules contained in the Directive on cross-border mergers. (Series: Ius Communitatis - Vol. 4)
Author: Matteo Bottero Publisher: Kluwer Law International B.V. ISBN: 9403528648 Category : Law Languages : en Pages : 547
Book Description
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Author: Biljana Chavkoska Publisher: GRIN Verlag ISBN: 3346239268 Category : Law Languages : en Pages : 141
Book Description
Document from the year 2020 in the subject Law - Comparative Legal Systems, Comparative Law, , language: English, abstract: The basic idea for creating the European Union is the Internal Market where free movement of people, capital, services and goods is established. The creation of the Internal Market is the central raison d’etre of the EU existence. The freedom of movement of people is one of the four freedoms of the Internal Market. The right to move is the basic right of the European citizens. The realization of this freedom was harder than practicing the free movement of capital, services and goods. Therefore, the European Union is still taking subsequent actions for realization of the freedom of movement of people. At the beginning, the freedom of movement of people was available just for the working population, but latter on the freedom of movement included all the categories of citizens, students, retired people and people who are not economically active. Throughout the years European Union makes efforts to change the approach towards the third country nationals, especially the working population as one of the conditions for fulfillment of the Lisbon Strategy goals. The European Union adopted important primary, secondary law and case law of the European Court of Justice such as the Association Agreements regulating the freedom of movement of third country workers. These Association Agreements with Third Countries provide articles for free movement of third country workers in the European Union and vice versa. For a long time, the Association Agreements are the basic law regulating the freedom of movement of third country workers. The European Court of Justice played important role in interpreting the articles for freedom of movement of workers and giving direct effect in the national laws of the Member States. In the last two years European Union has adopted secondary law for improving the status of third country workers especially for highly qualified workers. The entrance of highly qualified workers in the Member States is important for realization of the economic growth and development, such as decreasing the unemployment rate.
Author: Martin Risak Publisher: ISBN: 9782874524745 Category : Languages : en Pages : 66
Book Description
In the changing world of work and the emergence of new forms of employment that are often in the grey zone between traditional employment and self-employment the question of the scope of protection of labour and employment law becomes again more urgent.00Although defining the concept of worker is thus of utmost (and growing) importance, it is not legally defined (yet) at EU level, but has been shaped by numerous decisions of the Court of Justice of the European Union (CJEU, formerly European Court of Justice (ECJ)). This report analyses this jurisprudence and explores how and whether the underlying concept of worker is able to adapt to the changes in the world of work and still fit for purpose to protect those who are in need of protection.00Based on this, the study develops a European concept of worker which would be adapted to the new forms of employment namely to the self-employed that are in need of protection to a similar extent as traditional employees.
Author: Alan C. Neal Publisher: Routledge ISBN: 0429857802 Category : Law Languages : en Pages : 234
Book Description
First published in 1999, this volume examines how the challenge of defining and developing an effective structure of fundamental social rights for workers has long been a focus for debate at European level. Even before the emergence of the 1989 Charter of Fundamental Social Rights of Workers, proposals were being made to incorporate 'fundamental rights' provisions into the Treaties establishing the European Communities. Consequently, when a distinguished Comité des Sages produced its 1996 report For a Europe of Civic and Social Rights, the stage was set for intensive debate as to the way forward.
Author: Siófra O'Leary
Author: Siófra O'Leary
Author: Síofra O'Leary
Author: Catherine Barnard
Author: Karl Riesenhuber
Author: Filip Dorssemont
Author: Karl Riesenhuber
Author: Matteo Bottero
Author: Biljana Chavkoska
Author: Martin Risak
Author: Alan C. Neal