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Author: Yves Jorens Publisher: Springer Nature ISBN: 3031188543 Category : Law Languages : en Pages : 611
Book Description
This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.
Author: Yves Jorens Publisher: Springer Nature ISBN: 3031188543 Category : Law Languages : en Pages : 611
Book Description
This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.
Author: Amber Zwanenburg Publisher: ISBN: 9789462369641 Category : Transportation Languages : en Pages : 182
Book Description
This textbook aims to sketch out the main problems arising in the field of EU transnational transportation by providing adequate understanding of the legal setting in the five key EU legal areas for this sector: fundamental freedoms, private international law, posting of workers, social security coordination and social dialogue. Indeed, road transport is a truly living organism which makes it challenging for the laws to keep up with its ongoing dynamics. In addition, due to its inherent transnational element, the process of application of relevant laws is often shrouded in ambiguity, making it difficult to solve the emerged conflicts of laws. Against this background, this textbook provides an integral vision on the interaction of EU freedoms with social rights at EU level offering a comprehensive and unique in--depth coverage of the most relevant topics and presenting nuanced guidance depicting problem-solving skills which was carefully selected by the leading academic experts. Overall, this position is addressed to not only academics but also to students, practitioners and others interested in the road transport sector.
Author: Vesna Rijavec Publisher: ISBN: 9781780687773 Category : Languages : en Pages : 254
Book Description
The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions.
Author: Miriam Kullmann Publisher: ISBN: 9789013128666 Category : Languages : en Pages :
Book Description
The enforcement of labour law in cross-border worker situations increasingly gains attention at EU and Member State level. Especially due to the EU enlargements in 2004 and 2007 and the huge wage differences that exist across the EU Member States have boosted exercising the free movement of workers and the posting of workers. These developments have raised the awareness that enforcement of labour law is crucial and should be put high on the EU's and Member States' agenda. This book addresses an important question: in which ways and to what extent do EU rules and EU case law exert influence on the Dutch, German, and Swedish methods to monitor and enforce labour law in transnational situations? This question is examined for labour law in terms of minimum wages, minimum holiday pay, and minimum holiday allowances. Moreover, a sectoral approach by taking the construction and the temporary agency work sector as examples provides insights into the enforcement strategies of the social partners. There is no role for the EU (institutions) to enforce workers' rights at Member State level. Member States themselves are responsible for enforcing the rights foreign workers derive from EU law. At Member State level, three enforcement methods can be distinguished: the judicial (civil or labour court), the industrial relations (social partners), and the administrative enforcement (labour inspectors) method. The ECJ has established jurisprudential requirements (the principles of equivalence and effectiveness) that serve as a floor for Member State enforcement methods. Besides, to a certain extent EU rules provide guidance on how Member State enforcement methods should be construed, of which the in April/May 2014 adopted Posted Workers Enforcement Directive and the Union Workers Enforcement Directive are two recent examples. While this 'floor' seems to be easily met by the enforcement methods available at Member State level, difficulties arise in the context of the posting of workers, a form of worker mobility that is based on the freedom to provide services. The right of the employer to provide cross-border services puts a ceiling on the Member State possibilities to adequately monitor and enforce the rights of posted workers. As a result, due to the floor and ceiling caused by EU rules and EU case law, it becomes a balancing act for Member States' enforcement methods. This study shows the main differences as well as the similarities that exist between the enforcement methods in these countries. It makes clear that enforcement of the rights of workers in cross-border situations has become increasingly difficult for Member States. This book provides an in-depth overview of how Germany, the Netherlands, and Sweden monitor and enforce the rights of mobile workers by describing the three enforcement methods available in all three countries. Enforcement of labour law does only work if all three enforcement methods are used. This study makes clear that there is no one-size-fits-all enforcement method that could be similarly applied in all Member States. This book provides valuable information to academia, practitioners as well as policy-makers at EU and at Member State level. Bron: Flaptekst, uitgeversinformatie.
Author: Paul Torremans Publisher: Edward Elgar Publishing ISBN: 1781955808 Category : Law Languages : en Pages : 901
Book Description
The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf
Author: Kirsten Henckel Publisher: Kluwer Law International B.V. ISBN: 9041192611 Category : Law Languages : en Pages : 400
Book Description
Globalization and market integration have shaped the economic climate in such a way as to give rise to a considerable increase in cross-border mergers, acquisitions and corporate restructurings. However, the primary European Union (EU) legislation in this area – the Acquired Rights Directive – brings about only partial and minimum harmonization, giving rise to differences in the employee protective regime across the EU Member States. This book, the rst full analysis of the EU-level private international law implications of the subject, masterfully addresses the plethora of questions that arise and presents well-considered and soundly based recommendations towards the introduction of a new and uniform con ict of laws path for transfers of undertakings throughout the EU. With a methodology that combines comparative, ‘black letter’, legal historical and empirical approaches, the author addresses such issues and topics as the following: – determination of applicable law both upon and after a transfer; – jurisdictional issues; – the main provisions of the Acquired Rights Directive and their content; – the main differences existing among the relevant laws of the Member States; – special characteristics of the maritime sector and seagoing workers; and – cross-border implications of Brexit. This book critically evaluates the existing rules on international jurisdiction and the con ict of laws relating to cross-border transfers of undertakings, clearly exposing the regime’s merits and demerits. Counsel representing any actor involved in a cross-border merger, acquisition, or business restructuring – transferor, transferee, or affected employees – will be well served with this exemplary account of their legal position both before and after the transfer. In addition, policymakers, legislators and interested academics will bene t greatly from the author’s clearly presented guidelines on the development of an EU-wide con ict of laws regime for transfers of undertakings.
Author: Publisher: ISBN: 9789276101772 Category : Languages : en Pages :
Book Description
Cross-border mobility and declared work across the EU underpin a fair and well-functioning labour market. But as labour mobility within the EU grows, so do concerns around undeclared work and social fraud. These concerns often derive from dynamic and complex schemes for evasion of taxes and social security contributions, such as fraudulent letterbox companies or bogus selfemployment, which operate across borders, sometimes spanning multiple countries. An effective combination of direct and indirect controls across borders can help enforcement bodies across Europe to address those issues. Concerted and joint inspections are part of these measures and can be an effective deterrent by bringing together the investigative powers, expertise and resources of multiple partners. They also encourage cooperation between enforcement bodies across the EU and demonstrate to the public that complex cross-border fraud is being tackled. However, cross-border inspections remain until now limited in number and can be hampered by incompatible legal frameworks within different Member States, as well as issues around resourcing and data sharing. Therefore, more efforts are needed at national and EU level to support and coordinate cross-border inspection activities [...] Effective cross-border inspections require national and EU-wide support. Given the current challenges to organise cross border inspections, this toolkit offers guidance on how to prepare, implement, and follow up effective cross-border inspections to ensure that EU rules on labour mobility are enforced fairly, coherently and effectively.
Author: Yves Jorens Publisher: Springer Nature ISBN: 3031328221 Category : Law Languages : en Pages : 632
Book Description
This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
Author: Andrew P. Morriss Publisher: Kluwer Law International B.V. ISBN: 9041121064 Category : Law Languages : en Pages : 1026
Book Description
This important theme was the focus of New York University's 54th Annual Conference on Labor and Employment Law. This highly significant book reprints the papers presented at the 54th Conference, with several additional papers. In its pages more than 40 noted labor and employment experts from a diverse range of countries and disciplines offer penetrating analyses of developments and trends in such areas as the following: - Regulation of immigrant labor; - legal issues facing undocumented workers; - labor markets in border regions; - guest worker programs; - extraterritorial applications of U.S.
Author: Yves Jorens
Author: Yves Jorens
Author: Amber Zwanenburg
Author: Vesna Rijavec
Author: Miriam Kullmann
Author: Paul Torremans
Author: Kirsten Henckel
Author: 
Author: Yves Jorens
Author: Torben Krings
Author: Andrew P. Morriss