Social Law and Policy in an Evolving European Union

Author: Jo Shaw

Publisher: Bloomsbury Publishing

ISBN: 1847311121

Category: Law

Page: 362

View: 2384


Social law and policy have been moving increasingly into the mainstream of the European Union. In recent years there have been important changes to the Treaty framework for enacting social policy,bringing the role of the social partners to the fore. New Treaty provisions for adopting discrimination legislation have highlighted the potential role of the EU in combatting aspects of social exclusion, and in challenging disturbing phenomena such as racism and xenophobia. Social policy is increasingly linked to the emerging notion of Union citizenship. The arrival of the single currency in 1999 is now matched by a more pro-active EU-level policy on employment and the labour market. The analyses in this collection address these and other questions against the backdrop of the longstanding controversies over the nature and scope of EU social policy, including the UK's opt-out from certain provisions between 1993 and 1997, and the ongoing debate about whether EU social policy has, or should have, a social or an economic rationale.

The Past and Future of EU Law

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

Author: Luis Miguel Poiares Pessoa Maduro,Loïc Azoulai

Publisher: Bloomsbury Publishing

ISBN: 1847315631

Category: Law

Page: 526

View: 2240


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.

Families and the European Union

Law, Politics and Pluralism

Author: Clare McGlynn

Publisher: Cambridge University Press

ISBN: 1139457373

Category: Law

Page: N.A

View: 7365


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.

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: 6207


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.

Engineering Equality

An Essay on European Anti-Discrimination Law

Author: Alexander Somek

Publisher: Oxford University Press

ISBN: 0199693374

Category: Law

Page: 217

View: 5460


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

EU Industrial Relations v. National Industrial Relations

Comparative and Interdisciplinary Perspectives

Author: Mia Ronnmar

Publisher: Kluwer Law International B.V.

ISBN: 9041145281

Category: Law

Page: 358

View: 2901


The relationship between the national and international has been central in the debate on the impact of globalisation on national patterns of employment relations. While some industrial relations researchers in recent years have put forward evidence not of convergence, but rather of continuing national diversity in employment relations, others see a complex power-sharing interplay emerging for which Europe is the laboratory. This ground-breaking book asks: Do EU or European industrial relations exist? What characterises EU industrial relations and their development? What are the differences between EU industrial relations and national industrial relations? Twelve outstanding authorities from seven countries discuss the theme from a variety of perspectives. Originally presented at an international and interdisciplinary research workshop held at the Faculty of Law at Lund University in November 2007, the essays probe a range of highly topical and important legal and industrial relations issues and developments, including the implications of the epochal and much-debated Laval and Viking cases from the European Court of Justice. The focus is on the EU dimension of industrial relations, common to the Member States, and not on comparative European industrial relations. The authors raise and discuss such crucial issues as the following: the power relationship and interactions between the social partners within the framework of the social dialogue; growing problems of posting of workers, low wage competition, and ‘social dumping’; approaches to creating an EU legal framework for transnational collective agreements; the right to take industrial action in order to achieve collective agreements; the fundamental asymmetry between the scope of action of players in companies and territories affected by restructurings; information, consultation and worker participation; potential benefits of increased tripartite co-operation between the social partners and governments; compatibility of the Swedish or Nordic system with the four freedoms and its eligibility as a European model; and issues of private international law arising from collective actions with transnational implications. An appendix includes relevant EC legislation and the ECJ opinions in Laval and Viking. EU Industrial Relations vs National Industrial Relations explores an emerging and still inchoate realm of law that is heavily fraught with implications for the near future of social relations, not only in Europe but worldwide. Labour lawyers and policymakers will greatly appreciate its precise stocktaking, its insightful analysis, and its well-informed recommendations on how to proceed in the realm of practical law.

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: 1991


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.

The Lisbon Treaty

Law, Politics, and Treaty Reform

Author: Paul Craig

Publisher: OUP Oxford

ISBN: 0191642819

Category: Law

Page: 512

View: 8143


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.

EU Employment Law

From Rome to Amsterdam and Beyond

Author: Jeff Kenner

Publisher: Bloomsbury Publishing

ISBN: 1847312470

Category: Law

Page: 648

View: 6970


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.