Social Law and Policy in an Evolving European Union

Author: Jo Shaw

Publisher: Hart Publishing

ISBN: 1841131075

Category: Law

Page: 352

View: 1640

The analyses in this collection address important questions about social law and policy in the evolving European Union.
Release

Families and the European Union

Law, Politics and Pluralism

Author: Clare McGlynn

Publisher: Cambridge University Press

ISBN: 1139457373

Category: Law

Page: N.A

View: 7822

In the first book to offer a comprehensive analysis of family law in the European Union, McGlynn argues that a traditional concept of 'family' which has many adverse effects - on individuals, on families (in all their diverse forms), and indeed on the economic ambitions of the EU is forming the basis for the little-recognised and under-researched field of EU family law. This book examines three different aspects of family life - childhood, parenthood and partnerships - and critically analyses existing EU law in relation to each. It examines the emerging field of EU family law, providing a highly sceptical account of recent developments and a robust challenge to the arguments in favour of the codification of European civil law, including family law.
Release

Engineering Equality

An Essay on European Anti-Discrimination Law

Author: Alexander Somek

Publisher: Oxford University Press

ISBN: 0199693374

Category: Law

Page: 217

View: 6244

Examining the rise of European anti-discrimination law, this book provides a critique of the focus on and implementation of, anti-discrimination law.
Release

The Past and Future of EU Law

The Classics of EU Law Revisited on the 50th Anniversary of the Rome Treaty

Author: Miguel Maduro,Loic Azoulai

Publisher: Bloomsbury Publishing

ISBN: 1847315631

Category: Law

Page: 526

View: 4095

This book revisits, in a new light, some of the classic cases which constitute the foundations of the EU legal order and is timed to celebrate the 50th anniversary of the Rome Treaty establishing a European Economic Community. Its broader purpose, however, is to discuss the future of the EU legal order by examining, from a variety of different perspectives, the most important judgments of the ECJ which established the foundations of the EU legal order. The tone is neither necessarily celebratory nor critical, but relies on the viewpoint of the distinguished line-up of contributors - drawn from among former and current members of the Court (the view from within), scholars from other disciplines or lawyers from other legal orders (the view from outside), and two different generations of EU legal scholars (the classics revisit the classics and a view from the future). Each of these groups will provide a different perspective on the same set of selected judgments. In each short essay, questions such as 'what would have EU law been without this judgment of the Court? what factors might have influenced it?; did the judgment create expectations which were not fully fulfilled?' and so on, are posed and answered. The result is a profound, wide-ranging and fresh examination of the 'founding cases' of EU law.
Release

Public Services and the European Union

Healthcare, Health Insurance and Education Services

Author: Laura Nistor

Publisher: Springer Science & Business Media

ISBN: 9789067048057

Category: Law

Page: 446

View: 941

Politically sensitive and economically important, welfare services such as health care, health insurance and education have opened up a heated debate in the EU. The application of EU law to welfare services raises discontent from the part of the Member States who perceive their systems to be under threat. Resisting to the application of the EU law is sometimes seen as part of protecting those values. This book suggests that this resistance is largely unjustified. EU law is not damaging to welfare systems, but it provides adequate balancing mechanisms to ensure that all interests are protected. The approach taken in analysing the impact of EU law on welfare services is to look at the negative integration process and answer the questions related to the extent to which EU law applies to welfare services and the kinds of safeguards the Court offers for these services. The proportionality principle distinguishes itself as the central element in balancing national and Community interests. Being part of the broader integration process, negative harmonization creates legislative lacunae, and therefore, this book also looks at alternative solutions to the negative harmonization process, namely positive and soft law.
Release

European Union Law

Cases and Materials

Author: Damian Chalmers,Gareth Davies,Giorgio Monti

Publisher: Cambridge University Press

ISBN: 1139487884

Category: Law

Page: N.A

View: 7488

This eagerly awaited new edition has been significantly revised after extensive user feedback to meet current teaching requirements. The first major textbook to be published since the rejuvenation of the Lisbon Treaty, it retains the best elements of the first edition – the engaging, easily understandable writing style, extracts from a variety of sources showing the creation, interpretation and application of the law and comprehensive coverage. In addition it has separate chapters on EU law in national courts, governance and external relations reflecting the new directions in which the field is moving. The examination of the free movement of goods and competition law has been restructured. Chapter introductions clearly set out what will be covered in each section allowing students to approach complex material with confidence and detailed further reading sections encourage further study. Put simply, it is required reading for all serious students of EU law.
Release

Critical Legal Perspectives on Global Governance

Liber Amicorum David M Trubek

Author: Gráinne de Búrca,Claire Kilpatrick,Joanne Scott

Publisher: A&C Black

ISBN: 1782252886

Category: Law

Page: 482

View: 7170

This book of essays, written in honour of Professor David Trubek, explores many of the themes which he has himself written about, most notably the emergence of a global critical discourse on law and its application to global governance. As law becomes ever more implicated in global governance and as processes related to and driven by globalisation transform legal systems at all levels, it is important that critical traditions in law adapt to the changing legal order and problématique. The book brings together critical scholars from the EU, and North and South America to explore the forms of law that are emerging in the global governance context, the processes and legal roles that have developed, and the critical discourses that have been formed. By looking at critical appraisals of law at the global, regional and national level, the links among them, and the normative implications of critical discourses, the book aims to show the complexity of law in today's world and demonstrate the value of critical legal thought for our understanding of issues of contemporary governance and regulation. Scholars from many countries contribute critical studies of global and regional institutions, explore the governance of labour and development policy in depth, and discuss the changing role of lawyers in global regulatory space.
Release

EU Employment Law

From Rome to Amsterdam and Beyond

Author: Jeff Kenner

Publisher: Bloomsbury Publishing

ISBN: 1847312470

Category: Law

Page: 648

View: 8010

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.
Release

The Lisbon Treaty

Law, Politics, and Treaty Reform

Author: Paul Craig

Publisher: OUP Oxford

ISBN: 0191642819

Category: Law

Page: 512

View: 369

The Lisbon Treaty reformed the foundations of the European Union and marked the culmination of a process of Treaty reform that began after the Treaty of Nice and spanned almost a decade. This book addresses the main innovations made by the new Treaty, examining its legal and political consequences in a reformed EU. The book is organized thematically around the principal issues that occupied those engaged in the reforms over the last decade. The chapters include analysis of the reform process itself and the political forces that shaped the relevant provisions of the Lisbon Treaty. The book contains detailed analysis of the relevant legal changes made by the Lisbon Treaty on each topic covered. This legal analysis is informed by broader literature from related disciplines, such as political science and international relations, since it is only by doing so that it is possible fully to understand the legal implications of the new provisions dealing with issues such as the inter-institutional division of power within the EU, the distribution of competence, the hierarchy of legal acts and the Charter of Rights. The book addresses the political and legal implications of the Treaty provisions, and the discussion is set against the background of the pre-existing legal and political regime, aiding a full understanding of the effect of the new rules contained in the Lisbon Treaty. This revised paperback edition includes a new chapter detailing the political reform process leading to the proposed Fiscal Union Treaty, and its potential legal implications.
Release

Diversity, Standardization and Social Transformation

Gender, Ethnicity and Inequality in Europe

Author: Bram Peper,Lesley McMillan,Dr Max Koch

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409494659

Category: Social Science

Page: 246

View: 9793

Arranged around the themes of theorizing and policy-making, race, ethnicity and religion, gender, and class, inequality and welfare, this book addresses the question of whether the European Union tends towards diversification or standardization. It engages with issues of identity, citizenship and social justice, changes throughout the life course, social movements, the reconciliation of work and life, the increasing diversity of cultural values, and integration and immigration, whilst also examining questions of social inclusion and exclusion. Presenting a general theoretical framework for the simultaneous analysis of standardization and diversification processes, alongside detailed case studies at EU and national levels, Diversity, Standardization and Social Transformation explores the interactions between national, European and regional regulatory spaces.
Release

The Regulation of the State in Competitive Markets in the EU

Author: Erika Szyszczak

Publisher: Bloomsbury Publishing

ISBN: 1847313779

Category: Law

Page: 322

View: 7655

This book looks at the changing role and nature of the regulation of State intervention in the liberalised and privatised markets of the European Union. It examines how the traditional role of the State is now challenged by European Union law, and the implications for traditional public services provided by the State. For the first time in an academic work, the book brings together the interaction of the Internal Market and the Competition rules of the European Union when they are applied to State economic activity. Individual chapters examine specific rules which address squarely the permissible role of State activity in competitive markets, for example an examination of the State aid rules, the rules in Article 86 EC regulating State monopolies and the controversial application of Articles 81 and 82 EC to the State. Other chapters examine the processes of privatisation and liberalisation with case studies on the postal sector, utilities and telecommunications.
Release

The Changing Law of the Employment Relationship

Comparative Analyses in the European Context

Author: Nicola Countouris

Publisher: Ashgate Publishing, Ltd.

ISBN: 1409495566

Category: Law

Page: 278

View: 9977

During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.
Release

The EU Economic and Social Model in the Global Crisis

Interdisciplinary Perspectives

Author: Prof Dr Dagmar Schiek

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472407512

Category: Law

Page: 224

View: 9050

This book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU ‘economic constitution’ and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions; and (4) the EU’s global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions.
Release

EU Industrial Relations V. National Industrial Relations

Comparative and Interdisciplinary Perspectives

Author: Mia Rönnmar

Publisher: Kluwer Law International B.V.

ISBN: 9041127704

Category: Law

Page: 314

View: 8958

1996 concerning the posting of workers in the framework of the provision of services, Official Journal L 18 of 21 January 1997, pp. 1-6. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the international market, Official Journal L 376 of 27 December 2006, pp. 36-68. Judgement of the European Court of Justice Laval un Partneri Ltd v. Svenska Byggnadsarbetareforbundet, Case C-341/05 [2007] ECR I-000. Judgement of the European Court of Justice International Transport Workers' Federation v. Viking Line ABP, Case C-438/05 [2007] ECR I-000. Table of cases from the European Court of Justice. Index
Release

Law of the European Union

Author: Josephine Shaw

Publisher: MacMillan

ISBN: 9780333924914

Category: Constitutional law

Page: 591

View: 5122

The revised third edition of this text provides an account of the constitutional principles and legal institutions of the European Union. The accessible style makes the book suitable not only for first year undergraduates but also for A level students and non-law undergraduates.
Release

Environmental Law and Policy in the European Union and the United States

Author: Randall Baker

Publisher: Greenwood Publishing Group

ISBN: 9780275952624

Category: Law

Page: 269

View: 8921

Authorities in the fields of environmental and international law and policy, political science, environmental technology, and public administration compare and contrast the ways in which the United States and the European Union handle similar environmental issues. The contributors critically analyze the influence of culture and history on the way apparently similar developed democracies handle the same problems; they examine the center-state relationship as it applies to EU member countries in contrast to states within the United States; they look at the challenge of transboundary, international, and global environmental problems, and how these relate to the still-emerging geopolitical reconfigurations involved in such structures as NAFTA and the EU; and they examine how transnational resources are handled in the North American and EU contexts. Randall Baker has assembled leading experts who examine significant issues for policymakers and environmentalists in North America and Western Europe.
Release

Integrating UK and European Social Policy

The Complexity of Europeanisation

Author: Robert Geyer,Andrew Mackintosh,Kai Lehmann

Publisher: Radcliffe Publishing

ISBN: 9781857757644

Category: Medical

Page: 200

View: 9319

Does the European Union really matter to British policy? For some it is a leading light, for others an irrelevancy. Given the uneven and evolving nature of EU policy, how can we evaluate its overall impact? This book is the first to combine a clear and detailed introduction to the new science of complexity and its application to social policy, Europeanisation, globalisation and the EU-UK relationship. It includes a detailed review of four key policy areas: employment, labour, gender and monetary relations. "Integrating UK and European Social Policy" provides groundbreaking reading for undergraduate and postgraduate students of politics, history, international relations, economics, social policy and applied social science. It is also useful for academics with an interest in European social policy, and policy makers and shapers, including government and non-government organisations.
Release

European Labour Law and Social Policy:Cases and Materials

Author: Alan Neal

Publisher: Kluwer Law International B.V.

ISBN: 9041112790

Category: Law

Page: 735

View: 3952

This text is a collection of primary source materials in the labour law and social policy of the European Community in one volume. It includes documents and decisions up to May 1st, 1999, when the Treaty of Amsterdam came into force, along with key legislative instruments in EC labour law and social policy, significant associated policy documents produced by the Commission and important decisions of the European Court of Justice.
Release

Elder Law

Evolving European Perspectives

Author: Ann Numhauser-Henning

Publisher: Edward Elgar Publishing

ISBN: 1785369091

Category:

Page: 416

View: 1812

The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.
Release