EU Employment Law

Author: Catherine Barnard

Publisher: OUP Oxford

ISBN: 0191639281

Category: Law

Page: 800

View: 6132

This new edition of EU Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, incorporating the changes made by the Lisbon Treaty; the EU2020 strategy; the Charter of Fundamental Rights; the 'Article 19 Directives'; the Temporary Agency Work Directive; the revisions to the existing including the Directives on Parental Leave and European Works Council; and the new Social Security Regulations 883/2004. It also analyses the ever-expanding body of employment case law, including the momentous decisions in Viking, Laval, Rueffert, and Commission v Luxembourg. The book begins with an examination of the development of EU employment law focusing on the shift from employment law to employment policy. The text then studies rule-making in the field of employment law, considering both the traditional routes to legislation and governance techniques such as the Open Method of Coordination. The final chapters look closely at the substantive area of employment law, examining the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participation, and collective action. Throughout, the book addresses the fundamental question as to the purpose of EU employment law: is it primarily economic, or social, or both?
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European Employment Laws

A Comparative Guide

Author: Stephen Hardy,Mark Butler

Publisher: Spiramus Press Ltd

ISBN: 1904905617

Category: Law

Page: 294

View: 1479

This book reviews the evolution of labor law within the EU, analyzes the distinct regional approaches to employment and welfare, and looks at the pressures for change within a further enlarged EU. The book then provides a basic outline of employment law in each of the 27 Member States. In the three years since the first edition of this book was published in 2007, much more information has become available on employment law in the new accession countries. It is also a timely reminder that the geographical expansion of the EU is not finished. The book reviews the impact of the potential entry of new Members as the EU extends eastwards. The book identifies areas where the law is unified by the enactment of European Directives and examines regional differences which are potential pitfalls for employers with workers in more than one EU State.
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EU Employment Law

From Rome to Amsterdam and Beyond

Author: Jeff Kenner

Publisher: Bloomsbury Publishing

ISBN: 1847312470

Category: Law

Page: 648

View: 2280

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.
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EU Labour Law

Author: Anne C. L. Davies

Publisher: Edward Elgar Publishing

ISBN: 178100515X

Category: Law

Page: 271

View: 7779

'I feel confident that this book will be judged to have made a very significant contribution to the study of European labour law. It fills a particular niche within the rich existing literature by providing a lucid, accessible, and succinct thematic overview of the subject, in much the same way as the author has so successfully done for the study of British labour law in her work on perspectives on labour law.' – Mark Freedland, Oxford University, UK 'EU law, shaped both judicially and at the legislative level, disrupts national labour law – perhaps for good reasons, perhaps for bad reasons, sometimes for reasons which are elusive. Challenges of an intellectual and practical nature confront those trying to pick a path through material accumulated over several decades – and intrigue those thinking about the future of the European Social Model. This book offers an insightful, thoughtful and inspiring account of the nature(s) and purpose(s) of EU labour law and is a hugely welcome addition to the literature.' – Stephen Weatherill, Somerville College, Oxford, UK EU Labour Law is a concise, readable and thought-provoking introduction to the labour and employment law of the European Union. The book explores the subject's major policy themes, examines the various procedures by which EU labour law is made, and analyses key topics such as worker migration, equality, working time and procedures for workers' participation in employers' decision-making. It sets the legal materials in their policy context and identifies the important issues which have shaped the development of EU labour law and are likely to determine its future, including the economic crisis and the debate about fundamental rights in the EU. This accessible yet rigorous book will appeal to undergraduate and postgraduate law students, academics and practitioners working on domestic and EU labour and employment law, as well as those with an interest in this increasingly important subject from the perspective of business and management, economics, sociology or politics.
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European Labour Law

Author: Brian Bercusson

Publisher: Cambridge University Press

ISBN: 0521613507

Category: Law

Page: 752

View: 665

This extensively updated second edition explores how individual European labour law systems combine to produce a distinctly European transnational system.
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European Employment Laws

A Comparative Guide

Author: Stephen T. Hardy,Mark Butler

Publisher: Spiramus Press Ltd

ISBN: 1904905196

Category: Law

Page: 256

View: 2936

This book will provide a basic outline of employment law in each of the 25 member states. It identifies those areas where the law is unified by the enactment of European Directives, and notes regional differences which are potential pitfalls for employers with workers in more than one EU state. The book will be of interest to human resource individuals, policymakers, and lawmakers.
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Modernising European Union Labour Law

Has the UK Anything to Gain?, Report with Evidence, 22nd Report of Session 2006-07

Author: Great Britain. Parliament. House of Lords. European Union Committee

Publisher: The Stationery Office

ISBN: 0104851716

Category: Labor laws and legislation

Page: 257

View: 2322

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.
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European Employment Law

Author: Patricia Leighton

Publisher: Thorogood Publishing

ISBN: 1854186841

Category: Business & Economics

Page: 256

View: 3427

This report effectively explains the practical impact of law, especially case law, from the European Court of Justice and distinguishes how this law works compared with the common law and UK legislation. It is designed to allow for those who want a comprehensive overview but also for those who wish to 'dip-in' to a specific topic. This report is designed to be accessible and is targeted at employers, HR managers, legal advisors, students of employment law, and those that need to have a practical understanding about the origins, nature and detail of employment law that originates from the EU.
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Research Handbook on EU Labour Law

Author: Alan Bogg,Cathryn Costello,A.C.L. Davies

Publisher: Edward Elgar Publishing

ISBN: 1783471123

Category: Law

Page: 592

View: 7206

Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.
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The Changing Face of European Labour Law and Social Policy

Author: Alan C. Neal

Publisher: Kluwer Law International B.V.

ISBN: 9041123121

Category: Law

Page: 169

View: 7226

In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.
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Labor and Employment Law in the New EU Member and Candidate States

Author: Anders Etgen Reitz

Publisher: American Bar Association

ISBN: 9781590319024

Category: Labor laws and legislation

Page: 402

View: 5416

This book is a practical tool for legal practitioners and in-house counsel advising clients on their foreign operations in the new EU. The book begins with an introduction to EU legislation, EU directives, and the enlargement of the European Union. Each chapter provides an overview of labor law, hiring, terms and conditions, termination, discrimination, and business transfers in the following countries: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Macedonia, Malta, Poland, Romania, Slovakia, Slovenia, and Turkey. A table of statutes and EU legislation completes the book.
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European Employment Law

A Systematic Exposition

Author: Karl Riesenhuber

Publisher: Intersentia Uitgevers N V

ISBN: 9781780680804

Category: Law

Page: 803

View: 9062

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)
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Transforming European Employment Policy

Labour Market Transitions and the Promotion of Capability

Author: Ralf Rogowski,Robert Salais,Noel Whiteside

Publisher: Edward Elgar Publishing

ISBN: 1781001170

Category: Business & Economics

Page: 288

View: 4167

Since the mid 1990s, the focus of European employment and social policy has shifted from protection to promotion. This book provides a timely analysis of this new form of governance, and the new forms of policy delivery and audit which accompany it. The limitations of the current approach became particularly apparent during the financial crisis of 2008, and it has now reached a turning point. The book offers a new coherent European reform agenda that views easing transitions in employment and promoting the development of individual and collective capabilities as cornerstones. The contributing authors focus on vocational training, life course policies, reflexive labour law and social insurance, from theoretical, empirical and practical perspectives. Transforming European Employment Policy will be of great benefit to policymakers as well as those researching or studying European law, labour law, industrial relations, political science, social policy or international business.
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New Governance and the European Employment Strategy

Author: Samantha Velluti

Publisher: Routledge

ISBN: 1136927778

Category: Law

Page: 328

View: 5032

In recent years new or experimental approaches to governance in the EU, namely the Open Method of Coordination (OMC), have attracted great interest and controversy. This book examines the European Employment Strategy (EES) and its implementation through the OMC, exploring the promises and limitations of the EES for EU social law and policy and for the safeguard of social rights. This significant and timely work offers new insights and fresh perspectives into the operation of New Governance and its relationship with both European and national law and constitutionalism. This book will be of great interest to academics, researchers and postgraduate students working in European law – specifically in the field of EU employment law and gender equality – and European governance studies in general.
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Labour Law, Fundamental Rights and Social Europe

Author: Mia Rönnmar

Publisher: Bloomsbury Publishing

ISBN: 1847318371

Category: Law

Page: 304

View: 1893

This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.
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Employment Law at the European Court of Justice

Judicial Structures, Policies and Processes

Author: Siófra O'Leary

Publisher: Bloomsbury Publishing

ISBN: 1847314465

Category: Law

Page: 320

View: 7457

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.
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The Involvement of EU Law in Private Law Relationships

Author: Dorota Leczykiewicz,Stephen Weatherill

Publisher: Bloomsbury Publishing

ISBN: 1782251057

Category: Law

Page: 492

View: 9696

The involvement of the EU in regulating private conduct and relationships between individuals is increasing. As a result, EU law affects the scope of private autonomy in ever wider contexts, sparking tensions with fundamental concepts of national private law systems. This volume offers a descriptive and normative account of the involvement of EU law in private law relationships. The recurring theme in the collected papers is the scope of policy objectives which are apt to legitimise the European Union's as yet unsystematic tendency to serve as a source of restrictions of private autonomy. The nature and purpose of the involvement of European Union law in private law relationships is investigated by the authors from both the substantive and the constitutional perspective. The papers look at such sectors regulating private law relationships as consumer law, labour law, competition law, equal treatment law and the law of remedies. While focusing on private law relationships the authors investigate more general concepts of EU law, such as the Internal Market freedoms and general principles of law, and the different modes of ensuring the effective application of EU secondary law.
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The Idea of Labour Law

Author: Guy Davidov,Brian Langille

Publisher: OUP Oxford

ISBN: 0191648078

Category: Law

Page: 456

View: 4378

Labour law is widely considered to be in crisis by scholars of the field. This crisis has an obvious external dimension - labour law is attacked for impeding efficiency, flexibility, and development; vilified for reducing employment and for favouring already well placed employees over less fortunate ones; and discredited for failing to cover the most vulnerable workers and workers in the "informal sector". These are just some of the external challenges to labour law. There is also an internal challenge, as labour lawyers themselves increasingly question whether their discipline is conceptually coherent, relevant to the new empirical realities of the world of work, and normatively salient in the world as we now know it. This book responds to such fundamental challenges by asking the most fundamental questions: What is labour law for? How can it be justified? And what are the normative premises on which reforms should be based? There has been growing interest in such questions in recent years. In this volume the contributors seek to take this body of scholarship seriously and also to move it forward. Its aim is to provide, if not answers which satisfy everyone, intellectually nourishing food for thought for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.
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A Right to Care?

Unpaid Work in European Employment Law

Author: Nicole Busby

Publisher: Oxford University Press

ISBN: 0199579024

Category: Family & Relationships

Page: 209

View: 9218

The reconciliation of unpaid care work and paid employment is among the most pressing and difficult problems currently facing employment law. Nicole Busby assesses the potential to situate a right to care within employment law, and for the recognition of carer status as a means of protecting against discrimination in employment.
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