Modernising European Union labour law PDF Download

Author: Great Britain: Parliament: House of Lords: European Union Committee
Publisher: The Stationery Office
ISBN: 0104851716
Category : Law
Languages : en
Pages : 266

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Book Description
In its Green Paper about the need for labour market reform, the European Commission argued that the increasing diversity of 21st century working relationships means that existing labour law is no longer adequate. This report brings together the evidence from a wide range f experts and representative bodies about these issues as they affect the UK labour market. It finds that the evidence does not support the Commission. The consensus is that the relatively light regulation of the UK labour market is advantageous and that problems of social disadvantage and structural unemployment are better addressed by measures aimed at tackling poor skills and social inequality rather than changing labour law. The report therefore recommends that efforts at EU level should focus on the promotion and sharing of good practice, rather than the introduction of new legislation.

Author: Brian Bercusson
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832921088
Category : Charter of Fundamental Rights of the European Union
Languages : en
Pages : 0

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Book Description
What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.

Author: Jeff Kenner
Publisher: Bloomsbury Publishing
ISBN: 1847312470
Category : Law
Languages : en
Pages : 648

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Book Description
This book traces the evolution of European Union employment law and social policy from its essentially economic origins in the Treaty of Rome through to the emerging themes post-Amsterdam: co-ordination of national employment policies,modernisation of social laws and combating discrimination. Each stage of development of Community employment law and social policy is analysed in depth to give a sense of perspective to this fast changing field. As the European Union seeks to meet the challenges of globalisation the need to develop social policy as a productive factor has come to the fore. The author explains how the social, economic and employment imperatives of European integration have always been intertwined and how the emergence of Community employment law from its hitherto twilight existence is best understood through an examination of consistent strands of policy development.

Author: Vera Pavlou
Publisher: Bloomsbury Publishing
ISBN: 1509942386
Category : Law
Languages : en
Pages : 290

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Book Description
This book explores the often neglected, but overwhelmingly common, everyday vulnerability of those who support the smooth functioning of contemporary societies: paid domestic workers. With a focus on the multiple disadvantages these – often migrant – workers face when working and living in Europe, the book investigates the role of law in producing, reinforcing – or, alternatively, attenuating – vulnerability to exploitation. It departs from approaches that focus on extreme abuse such as 'modern' slavery or trafficking, to consider the much more widespread day-to-day vulnerabilities created at the intersection of different legal regimes. The book, therefore, examines issues such as low wages, unregulated working time, dismissals and the impact of migration status on enforcing rights at work. The complex legal regimes regulating migrant domestic labour in Europe include migration and labour law sources at different levels: international, national and, as this book demonstrates, also EU. With an innovative lens that combines national, comparative, and multilevel analysis, this book opens up space for transformative legal change for migrant domestic workers in Europe and beyond.

Author: Catherine Barnard
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 168

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Book Description
The interaction between labor market regulation and the EU's internal market poses increasing challenges for both lawyers and policy makers throughout the EU. From a policy point of view, the Lisbon Agenda and the reality of globalization have driven the EU towards a reformative approach to labor law in the context of its employment strategy. In the legal arena, the mixture of different national labor standards and free economic exchange has turned explosive in the wake of EU enlargement. This book explores the intricate, complex, and sometimes contentious relationship between the EU's agenda for a free internal market and the protection of labor standards within the EU. Its immediate focus is on recent legal developments, both in case law and in legislation. But these developments are addressed in a more general approach that seeks to give an overall background and context. European Union Internal Market and Labour Law: Friends or Foes? - the result of a conference held in the aftermath of the instantly famous cases of Laval and Viking - also reports on a panel discussion between stakeholders.

Author: Stefano Bellomo
Publisher: Sapienza Università Editrice
ISBN: 8893771594
Category : Law
Languages : en
Pages : 284

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Book Description
The collective volume “Modern Forms of Work. A European Comparative Study” evokes the intent to embody a reflection focused on modern labour law issues from a comparative perspective. A first set of essays contains national reports on modern forms of work. The second group contains some reflections regarding critical issues on digitalization, platforms and algorithms, analysing the different facets of the galaxy of digital work. The third group of essays flows into the section entitled “new balances and workers’ rights in the digital era”, a crucial topic in the debate. The complex of the writings, despite the diversity of approaches and methods, reveals the existence of a dense and inexhaustible dialogue between young scholars, at European and extra-European level. The analysis of new forms of work – the offspring of transnational processes of globalization and technologization – forms a fertile ground for experimenting a transnational dialogue on which young researchers can practice with excellent results, as this small volume confirms.

Author: Marco Biagi
Publisher: Kluwer Law International B.V.
ISBN: 9041120084
Category : Law
Languages : en
Pages : 500

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Book Description
Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual 'enterprise bargaining'; a new European employment policy and what it might entail; the growing phenomenon of 'flexibilisation'; the effects of an aging workforce; the crucial nexus of free trade, labour, and human rights; the promise of EU enlargement; and protection of part-time workers. There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today's world of work.

Author: Great Britain. Parliament. House of Lords. European Union Committee
Publisher: The Stationery Office
ISBN: 9780104013168
Category : Business & Economics
Languages : en
Pages : 96

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Book Description
In May 2007, the European Commission issued a communication relating to organ donation and transplantation. This made a number of proposals for actions which were designed to help increase the supply of donor organs across the EU. The two major elements were: first, the introduction of a directive aimed at setting standards for the quality and safety of organ donation and transplantation across the EU; and, second, the establishment of an action plan for closer cooperation between Member States in sharing experiences and best practice. This Report brings together evidence relating to the Commission's proposals and draws conclusions about their merits. It also sets out evidence received about a range of matters relating to organ donation which are not within Community competence but which are of central relevance to the shortage of organs for donation: the Organ Donation Taskforce's recent recommendations for the re-organisation of the health infrastructure in the UK; and the proposal, by the Chief Medical Officer for England, that current legislation in England should be changed in order to create a "presumed consent" or "opt-out" system for organ donation in place of the existing "opt-in" system. The Committee's conclusion is that the proposals set out in the Commission's communication would help to raise the numbers of organs available for transplantation as well as the overall safety and quality of those organs. The proposed directive should not be overly bureaucratic and should not inhibit the application of expert clinical judgement and informed patient choice.

Author: Dr Ipek Eren Vural
Publisher: Ashgate Publishing, Ltd.
ISBN: 1409489507
Category : Political Science
Languages : en
Pages : 300

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Book Description
'Converging Europe' evaluates the impact of European integration on social policy development since the launch and re-launch of the Lisbon strategy discussing the challenges posed by the still unfolding global economic crisis of 2007-2009. Given the unsettling economic conditions, does European coordination of social policies generate more social cohesion and integration or growing xenophobia, nationalism and exclusion? Informed by diverse theoretical perspectives, this book brings together a team of international experts working on an extensive range of policy issues central to the Lisbon agenda such as labour market policies, social protection systems, and social exclusion/poverty. Contributions assess the interfaces between European integration, the Lisbon strategy and social policy in three groups of countries related to the EU: old member states; the new member states; and a candidate country - Turkey. The richness of content and data allows rigorous analysis and critical comparative insights not only on the social outcomes of the Lisbon strategy but also more broadly on the dynamics and dimensions of European social policy. Pioneering the scholarly reflections on the repercussions of the global economic crisis of 2007-2009 for both the road map drawn at Lisbon and viability of national systems of social provision in Europe, this book is an important acquisition for policy makers and academics alike.

Author: Patricia Trapp
Publisher: Springer Nature
ISBN: 3030913635
Category : Law
Languages : en
Pages : 342

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Book Description
Anti-dumping and anti-subsidy measures are the most important elements of the European Union's trade defence instruments. Since the beginning of the European integration process, they have been used to combat trade practices which are considered "unfair" and their distortive effects on competition in the internal market. However, while the imposition of trade defence measures aims to level the playing field between EU producers and their foreign competitors, it also produces negative effects on competition itself. Based on the role attributed to competition and trade defence policy respectively throughout the European integration process, this book argues that the trading bloc's trade defence instruments should not be designed or applied with the objective of granting maximum protection to EU producers, but that their use should be limited to what is necessary to ensure fairness in competition between EU producers and exporting producers. However, an analysis of the changes made to the European Union's Basic Anti-Dumping Regulation and the Basic Anti-Subsidy Regulation by the Trade Defence Modernisation Package reveals that several aspects of the European Union's modernised trade defence instruments do not meet this requirement. Rather than being limited to offsetting the unfair competitive advantages of producers practicing dumping or benefiting from subsidies, the reformed provisions go beyond this, distorting competition in favour of the EU industry instead. Furthermore, the book critically assesses the reformed rules relating to the integration of social and environmental aspects in the imposition of anti-dumping or anti-subsidy measures as well as the modernised basic regulations’ compatibility with WTO law.