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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
The Regulation of the State in Competitive Markets in the EU
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.
eBook
The Financialisation of the Citizen
This book discusses the role of private law as an instrument to produce financial and social inclusion in a context characterised by the redefinition of the role of the State and by the financialisation of society. By depicting the political and economic developments behind the popular idea of financial inclusion, the book deconstructs that notion, illustrating the existence and interaction of different discourses surrounding it. The book further traces the evolution of inclusion, specifically in the European context, and thus moves on to analyse the legal rules which are most relevant for the purposes of bringing about the financialisation of the citizen. Hence, the author focuses more on four highly topical areas: access to a bank account, access to credit, overindebtedness, and financial education. Adopting a critical and inter-disciplinary approach, The Financialisation of the Citizen takes the reader through a top-down journey starting from the political economy of financialisation, to the law and policy of the European Union, and finally to more specific private law rules. Hart Studies in Commercial and Financial Law: Volume 1
eBook
Governing social inclusion : Europeanization through policy coordination
\"The Treaty of Amsterdam committed European Union Member States to tackle social exclusion: a commitment taken forward by the Lisbon meeting of EU political leaders in 2000. The aim of this book is to explore from an inter-disciplinary perspective the possibilities and limitations of the attempts by the EU to co-ordinate and 'Europeanize' Member States' strategies and policies to tackle poverty and social exclusion\"-- Provided by publisher.
Book
Extraterritoriality and Climate Change Jurisdiction
This book builds on the scholarship of the law of state jurisdiction, engaging with fundamental questions about states’ legislative competence to respond to climate change. Considering general theory, the author advocates for a systemic analytical framework for the contested issue of ‘extraterritoriality’ in international law. Exploring the crystallisation of ‘climate change jurisdiction’, the book provides a comprehensive exploration of the jurisdictional bases and limitations for unilateral climate protection measures. In doing so, crosscutting issues of world trade law, international civil aviation law, the law of the sea, and importantly, the customary international law of state jurisdiction are considered. Amidst the myriad of developing norms, a novel ‘considerate design’ tool is introduced to assist policymakers in finding a better balance between regulatory autonomy, development needs and the protection of common concerns. Volume 83 in the series Studies in International Law
eBook
Resolving controversy in the European Union : legislative decision-making before and after enlargement
\"How does the EU resolve controversy when making laws that affect citizens? How has the EU been affected by the recent enlargements that brought its membership to a diverse group of twenty-seven countries? This book answers these questions with analyses of the EU's legislative system that include the roles played by the European Commission, European Parliament and member states' national governments in the Council of Ministers. Robert Thomson examines more than 300 controversial issues in the EU from the past decade and describes many cases of controversial decision-making as well as rigorous comparative analyses. The analyses test competing expectations regarding key aspects of the political system, including the policy demands made by different institutions and member states, the distributions of power among the institutions and member states, and the contents of decision outcomes. These analyses are also highly relevant to the EU's democratic deficit and various reform proposals\"-- Provided by publisher.
Book
Resolving Controversy in the European Union
How does the EU resolve controversy when making laws that affect citizens? How has the EU been affected by the recent enlargements that brought its membership to a diverse group of twenty-seven countries? This book answers these questions with analyses of the EU's legislative system that include the roles played by the European Commission, European Parliament and member states' national governments in the Council of Ministers. Robert Thomson examines more than 300 controversial issues in the EU from the past decade and describes many cases of controversial decision-making as well as rigorous comparative analyses. The analyses test competing expectations regarding key aspects of the political system, including the policy demands made by different institutions and member states, the distributions of power among the institutions and member states, and the contents of decision outcomes. These analyses are also highly relevant to the EU's democratic deficit and various reform proposals.
eBook
Wetlands and Water Framework Directive : protection, management and climate change
\"This book compares the lessons learned from a wetland-perspective approach to the changing climate and the requirements of the Water Framework Directive (WFD) with regard to environmental conservation. Examples from Germany and Poland are discussed due to the efficiency of their respective implementations of water conservation policies. Although the general scientific interest in specific issues such as wetlands, climate change, nature conservation and the WFD enjoy a well established position in international environmental research, these four elements are rarely considered together due to the complexity of the processes, biased scenarios of global change and subjective policy background. Major challenges involved in carrying out environmental conservation actions that assess the potential impacts of climate change and management plans on water bodies are identified. The results of this approach are addressed to practitioners in the field of adaptive management in a wetlands context\"--Back cover.
Book
EU management of global emergencies : legal framework for combating threats and crises
EU Management of Global Emergencies: Legal Framework for Combating Threats and Crises provides a thorough analysis of the role played by the European Union (EU) in combating some of the global emergencies that currently affect, or are likely to affect, our planet.
eBook