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Author: Niklas Bruun Publisher: Bloomsbury Publishing ISBN: 1782254455 Category : Law Languages : en Pages : 521
Book Description
The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Author: Niklas Bruun Publisher: Bloomsbury Publishing ISBN: 1782254455 Category : Law Languages : en Pages : 521
Book Description
The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Author: Niklas Bruun Publisher: Bloomsbury Publishing ISBN: 1782254447 Category : Law Languages : en Pages : 386
Book Description
The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Author: Nicolas Pons-Vignon Publisher: International Labor Office ISBN: Category : Business & Economics Languages : en Pages : 144
Book Description
The unfolding economic crisis has unequivocally proved that neoliberal policies were no better for growth than for social progress. As poverty and inequality are rising to alarming levels in Europe, the old continent seems at a loss to respond. Political leaders seem content to liquidate the social gains made by workers' struggles. A small minority, possibly even smaller than 1 per cent, associated with the financial sector, stands to benefit from a deepening of neoliberalism. This new anthology of essays from the Global Labour Column explores Europe's turmoil and challenges the deep-rooted consequences of neoliberalism in the North and the South. It sheds light on new movements and ideas which are emerging to defend and mobilise workers, and points to encouraging new policies and directions which could lay the foundations of a new order that would put decent work and life at its core. A number of these come from the South, from which the North may have much to learn. [ILO website]
Author: Adelle Blackett Publisher: Edward Elgar Publishing ISBN: 178254979X Category : Law Languages : en Pages : 603
Book Description
The editors’ substantive introduction and the specially commissioned chapters in the Handbook explore the emergence of transnational labour law as a field, along with its contested contours. The expansion of traditional legal methods, such as treaties, is juxtaposed with the proliferation of contemporary alternatives such as indicators, framework agreements and consumer-led initiatives. Key international and regional institutions are studied for their coverage of such classic topics as freedom of association, equality, and sectoral labour standard-setting, as well as for the space they provide for dialogue. The volume underscores transnational labour law’s capacity to build bridges, including on migration, climate change and development.
Author: Hartzén, Ann-Christine Publisher: Edward Elgar Publishing ISBN: 1800885512 Category : Law Languages : en Pages : 240
Book Description
This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
Author: Barry Colfer Publisher: Springer Nature ISBN: 3030882853 Category : Political Science Languages : en Pages : 332
Book Description
Trade unions in Europe face a range of cross-cutting challenges. This includes the near-universal contraction in union membership; the related decline of traditionally highly unionised blue-collar industries; and the rise of automation, microprocessing, and digitalisation, which can make it cheaper for employers to invest in machines than to pay humans to work. The breakdown of the standard contract of employment and increasing rates of precarious work have further transformed the world of work. Taken together, this makes any collectivist vision of society, and the notion of solidarity upon which trade unionism is built, difficult to sustain. All this raises tough questions for trade unionists, policy-makers, and researchers alike regarding the future of trade unions, the oldest and largest civil society movement in Europe. The contributions in this volume explore the prospects for union revival across a range of cases, including by focusing on the pursuit of legal remedies and on the opportunities associated with the network society to defend the interests of workers. This interdisciplinary volume includes contributions that consider the Czech Republic, Denmark, France, Finland, Germany, Spain, Sweden, Poland, the United Kingdom, and the EU level by researchers coming from a range of disciplines and backgrounds. The volume should especially appeal to researchers and practitioners working in the fields of political science, sociology, law, and business studies.
Author: Elena Sychenko Publisher: Kluwer Law International B.V. ISBN: 9041186468 Category : Law Languages : en Pages : 293
Book Description
In recent years there has been a substantial debate over the interconnection between labour rights and human rights. Consequently, the jurisprudence of the European Court of Human Rights (ECtHR) concerning substantive individual labour rights, or ‘rights at work’, is coming to greater prominence at the national level throughout the forty-seven Member States of the Council of Europe. This is the first book in English to provide a thorough analysis of the Court’s most recent case law – cases considered in the period from 1963 to 2016 – on fundamental employment rights such as the right to wages, protection from discrimination and unfair dismissal, the right to occupational safety at work, and civil liberties such as the freedom of association, the freedom of religion and expression, and the right to privacy. Drawing on close scrutiny of 347 cases since 1963, the author traces the evolutionary development of the Court’s positions on labour rights as human rights through case analyses, commentary, and general conclusions in each of several categorical groupings. Recent trends are treated in substantial detail. Among the issues and topics raised are the following: – interrelation of ECtHR case law and national labour rights protection; – benefits for employees of reference to ECtHR case law in national proceedings; – role of International Labour Organization conventions and of the European Social Charter in the Court’s reasoning; – application of balancing and proportionality test in relevant to labour law cases; – public criticism of employer, disclosure of information, and standards of whistle-blowers’ protection; and – positive obligations of the State in the ¬field of occupational safety and health. This book offers the most detailed and considered analysis available of how individual labour rights have been referred to in the human rights jurisprudence of the ECtHR. Given that the Court’s positions have already changed certain aspects of some national labour laws, this peerless volume will prove indispensable for practitioners and scholars monitoring the growing applicability of human rights law in matters of labour and employment, especially in the areas of protection of wages, unjust dismissal, and occupational safety.
Author: Alfonso Arpaia Publisher: ISBN: Category : Business cycles Languages : en Pages : 124
Book Description
Reviews and discusses the main characteristics of short-time schemes available in the EU. Highlights the risk that a prolonged use of short-time work supports the demand of declining sectors, eventually delaying their restructuring, especially when the costs of labour reallocation are low and the incentives to restructure high, because the opportunity costs of foregone output is lower in recessions than in booms.
Author: George Gerapetritis Publisher: Bloomsbury Publishing ISBN: 1509909656 Category : Law Languages : en Pages : 401
Book Description
New Economic Constitutionalism in Europe focuses on the institutional mutation of constitutionalism following the major economic crisis in the Eurozone and globally. The main axis is that a new economic constitutionalism has arisen which trespasses on the conventional conceptual foundations and needs to be addressed with novel institutional vehicles. The author proposes an original and searching analysis of the significant constitutional evolutions that have taken place in member states in response to the global financial crisis. The book combines a sophisticated theoretical model of a new form of economic constitutionalism with detailed practical argumentation. This important new work provides a valuable addition to the understanding of this hugely important topic.
Author: Filip Dorssemont Publisher: Bloomsbury Publishing ISBN: 1509922679 Category : Law Languages : en Pages : 707
Book Description
The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).
Author: Niklas Bruun
Author: Niklas Bruun
Author: Niklas Bruun
Author: Nicolas Pons-Vignon
Author: Adelle Blackett
Author: Hartzén, Ann-Christine
Author: Barry Colfer
Author: Elena Sychenko
Author: Alfonso Arpaia
Author: George Gerapetritis
Author: Filip Dorssemont