Catalogue Search | MBRL
Are you sure you want to remove the book from the shelf?
{{itemTitle}}
68
result(s) for
"Labor laws and legislation European Union countries."
Sort by:
Solidarity and conflict : European social law in crisis
\"The ongoing austerity crisis is being felt in all sectors of EU law, but has had a particularly severe impact on labour law. Silvana Sciarra, a leading judge and scholar of EU employment law, considers how solidarity regimes have been shaken by the crisis. She brings together existing European policies in social and employment law, to enhance synergies and developments in a post-crisis discourse. She looks at reactions of national constitutional courts to austerity measures and of international organizations in re-establishing respect of fundamental workers' rights. Criticizing soft law approaches in employment policies, she favours recourse to binding measures connected with selective financial incentives through European funds. She highlights developments in European sector social dialogue and new horizons of transnational collective bargaining in large multinationals. Taking a positive, practical approach, Sciarra shows how social policies can enhance solidarity and social cohesion, through European financial support\"-- Provided by publisher.
Book
Labour law, fundamental rights and social Europe
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'.
eBook
European Labour Law
European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.
eBook
Regulating Social Europe
A large part of the legal debate about European social integration has been focussed on social dialogue, and in particular on the role of European collective agreements, as formerly regulated by the Maastricht Agreement on Social Policy, but now incorporated into the Amsterdam Treaty. In this volume, an attempt is made to conceptualise the function of European collective bargaining, based on an analysis of the Treaty provisions specifically dealing collective bargaining, but going beyond the Treaty in several respects. Taking an inter-disciplinary approach, the book seeks to broaden the analysis of European collective bargaining, placing it within the broader institutional context of the phenomenon usually referred to as \"EC regulatory deficit\". Against this background the author gives proper recognition to the different factors - legal, theoretical, institutional, political and industrial-relations oriented - which converge in the field of European collective bargaining. The author concludes that in the overall context of a general redefinition of Community regulatory strategies, European collective bargaining should be viewed not as evidence of an incomplete supranational legal pluralism but rather as a construction of Community law.
eBook
The Lisbon Treaty and Social Europe
On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors’ aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks – at a time of financial crisis – for new foundations for Europe’s Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union’s competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.
eBook
Labour Law in the Courts
The research underpinning this book was designed to support and further develop ideas already described in broader and more theoretical studies, about the dialogues happening among national courts and the ECJ as a key factor of European integration. The role played by the courts as part of the interplay of institutions within the European Union has been recognised as crucial, and this research, which was conducted at the European University Institute, homes in upon some specific examples. It deals with six Member States of the European Union: Denmark, France, Germany, Italy, Spain and the UK, analysing two select but significant areas of substantive law: transfer of undertakings and equality legislation. The analysis dwells on these key areas, although some other fields of social law were selected in order to prove the main theory underlying the whole research. While on the one hand offering a comparative assessment of developments in the six member states chosen for study, the research also highlights national peculiarities as well as the factors perceived to be driving national actors towards the preliminary ruling procedures This work will be of interest to all scholars of EU law and labour law.
eBook
Employment Law at the European Court of Justice
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.
eBook
The Future of Labour Law
All over the world a different kind of labour law is in the process of formation; in Gramsci’s phrase, this is an interregnum when the old is dying and the new is struggling to be born. This book, to which an internationally distinguished group of scholars has contributed, examines the future of labour law from a wide variety of perspectives. Issues covered include the ideology of New Labour law; the employment relationship; the public/private divide; termination of employment; equality law; corporate governance; collective bargaining; workers’ participation; strikes; international labour standards; the role of EU law; the EU Charter of Fundamental Rights; labour law and development in Southern Africa; and the impact of globalisation. The essays are written in honour of the outstanding labour lawyer Professor Sir Bob Hepple QC, who has contributed to so many areas of this dynamic field.
eBook
EU Employment Law
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.
eBook
European Union Private International Labour Law
The European Union as an area of freedom, security and justice has created a community which adheres to unified laws. In matters regulated by labour law (individual and collective) as well as social security law, the above aim may be met by introducing unified regulations, allowing for identical ways of resolving conflicts of labour law that arise in work relations where there is a cross national element present. In order to ensure legal stability within work relations, national regulations concerning international private labour law had to be replaced by unified conflicts of law norms. These norms are to be applied by both employees and employers of EU member states as well as applied in work relations situations where third parties are involved. EU private international law is a collection of international private labour law regulations issued by EU institutions, which unanimously and in a unifying fashion describe the legal situations of the parties to a work relationship, where there is a foreign element present, allowing for the application of foreign laws based on citizenship, residency, where the headquarters of one of the parties is located, where the work is carried out or where the action has taken place. This book is devoted to regulating labour relations and social security conflict issues and contains material on international treaties enforced in the EU (Regulation No. 593/2008 \"Rome I,\" Regulation No. 864/2007 \"Rome II,\" Council Directive No. 38/2009 on the establishment of a European Works Council, Regulation No. 883/2004 on the coordination of social security systems). Such treaties uniformly regulate the resolution of conflicts in individual and collective labour relations and coordinate national social security systems required for clarity purposes. Thanks to such clarity, decisions can easily be made with regard to matters
relating to the selection of appropriate systems of substantive and procedural law, and indicate whether labour courts have the jurisdiction to rule in contested cases arising from such legal relations (Brussels, Lugano conventions and the EC Council Regulation No. 44/2001 on the jurisdiction, recognition and enforcement exercising in civil matters).
eBook