Download or read book Collective Action and Fundamental Freedoms in Europe written by Edoardo Ales and published by . This book was released on 2010 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative labour law emerging from this book [...] launches new ideas and sends new messages, well beyond close self-referential circles, out into the borderless community of scholars, social partners and economic actors, interested in pursuing social justice.-Silvana Sciarra --Book Jacket.
Download or read book Laval and Viking written by Alicia Hinarejos and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two of the most remarkable human rights cases decided by the European Court of Justice (ECJ or Court) in the past year concern the right to collective action. Both Laval and Viking involved conflicts between trade union action, forming part of the right to freedom of association, a right protected in the Charter of Fundamental Rights, and the exercise of two of the fundamental freedoms set out in the EC Treaty, namely the right to provide services and the right to establishment. Although the Court adopted the same general reasoning in both cases in order to deal with the conflict at issue, each case had individual features worthy of note and will be presented separately (Sections 2 and 3). Section 4 provides reflections that are common to both decisions and their significance for the protection of fundamental rights in the European Union.
Download or read book Fundamental Rights in EU Internal Market Legislation written by Vasiliki Kosta and published by Bloomsbury Publishing. This book was released on 2015-11-05 with total page 466 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to systematise the present interrelationship between fundamental rights and the EU internal market in the field of positive integration. Its intention is simple: to examine the way in which, and the extent to which, fundamental rights protection is realised through EU internal market legislation. To that end, the analysis is conducted around four rights or sets of rights: data protection, freedom of expression, fundamental labour rights and the right to health. The book assesses not only what substantive level of protection is achieved for these fundamental rights, but it also estimates whether there is a 'fundamental rights culture' that informs current legislative practice. Finally, it asks the overarching question whether the current state of harmonisation amounts to a 'fundamental rights policy'. The book offers a much more varied picture of the EU's fundamental rights policy in and through the EU internal market than perhaps initially expected. Moreover, it builds the case for a more conscious approach to dealing with and enhancing fundamental rights protection in and through internal market legislation, and advocates a leading role for the legislature in the establishment of an internal market that is firmly based on respect for fundamental rights.
Download or read book Fundamental Social Rights in Europe written by Edoardo Ales and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume offers a lawyer's view on the meaning of fundamental social rights in today's Europe. It is published on the occasion of the 10th anniversary of the European Working Group (EWL) on labor law, and it reflects the research efforts the members of the EWL have made in its 10 years of existence. The recognition of fundamental social rights offers opportunities for valuing the meaning of such rights for workers. The non-discrimination norm, since it has been long and widely recognized in EU law, is the most striking example. It has served as a catalyst for all Member States. Apart from that, fundamental social rights, as generally recognized by international organizations, are also challenged in EU law. This is not only because the EU law does not explicitly grant protection to workers since some of these rights are not covered by it, but also due to a potential collision between these rights and the fundamental freedoms of the European Community. In this volume, experts in the field of European labor law deal with the opportunities EU law is offering and how it is fitting into the social policy of the EU, as well as with potential threats to an effective application of the fundamental social rights. Some of the contributions refer to the cases of Viking, Laval, and Rüffert as to their impact on the right to collective action, as well as their meaning for the establishment of decent employment conditions, and in particular the right to a decent wage which is one of the oldest fundamental social rights. Another crucial issue that is touched upon is the right to work and the right of protection for workers. The objective that is advocated in the EU, as a cornerstone of modern social policy, is the combination of flexibility and security, in one word "flexicurity," which has been analyzed in terms of contributing to or jeopardizing the position of the employee. It is the supposed dilemma of the protection of the 'haves' at the expense of the 'have nots' or 'insiders versus outsiders.' A third topic is the fundamental right connected to the freedom of association. A problem that has recently raised a lot of discussion and legislative proposals is whether sufficient representativeness of trade unions is required in order to be legitimized for collective bargaining and the conclusion of binding collective agreements. Linked to this is the effective recognition of the right of participation for workers and their representatives at enterprise level: the right to information and consultation, its scope, and its effect.
Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
Download or read book The Convergence of the Fundamental Rights Protection in Europe written by Rainer Arnold and published by Springer. This book was released on 2016-04-05 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book gives insight into the structures and developments of the fundamental rights protection in Europe which is effective at the levels of the national Constitutions, the European Convention of Human Rights and, for the EU member States of the EU Fundamental Rights Charter. The contributions of renowned academics from various European countries demonstrate the functional interconnection of these protection systems which result in an increasing convergence. Basic questions are reflected, such as human dignity as foundation of fundamental rights or positive action as a specific form of equality as well as the concept of rights convergence. In this latter contribution the forms of direct reception of a different legal order and of the functional transfer of principles and concepts are analyzed. Particular reference is made to the EU Charter, the United Kingdom Human Rights Act as well as to France and Germany. It becomes obvious how important interpretation is for the harmonization of national and conventional fundamental rights protection. Traditional institutional approaches like the dualist transformation concept in Germany are functionally set aside in the harmonization process through constitutional interpretation. Specific studies are dedicated to the field of the EU Fundamental Rights Charter and to the European impacts on the national fundamental rights protection in selected countries such as the “new democracies” Poland, Romania and Kosovo as well as more traditional systems such as Spain, Italy, the Nordic countries or Turkey.
Download or read book Europe Caught Between Scylla and Charybdis written by and published by . This book was released on 2013 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court in the Laval Quartet cases constructed a de facto hierarchy between social rights and fundamental freedoms, where the latter rank higher. This hierarchy may no longer be valid with the legally binding Charter. This PhD thesis raises the question of how the present judicially-constructed balance between social rights (the right to strike and the right to undertake collective action) and fundamental freedoms (the free movement of services and the freedom of services and establishment) could be informed by solidarity as a constitutional value of the European Union. This thesis addresses the problem of the balancing of social rights and fundamental freedoms today and argues that in a post-Lisbon political and legal setting this balance should be reconsidered, especially in the light of the growing importance of the constitutional value of solidarity. The solution I hereby propose suggests defining the scope of the two rights/interests in conflict, in order to accommodate both by applying a new proportionality test which represents a more genuine approach to balancing, through application of the constitutional value of European solidarity.
Download or read book An Introduction to Fundamental Rights in Europe written by Facchi, Alessandra and published by Edward Elgar Publishing. This book was released on 2022-03-22 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Key features include: • A combination of historical and philosophical approaches with analysis of significant legal cases • A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject • A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity
Download or read book The Right to Strike under the European Court of Human Rights written by Charalampos Stylogiannis and published by GRIN Verlag. This book was released on 2017-01-09 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: Master's Thesis from the year 2016 in the subject Politics - Topic: Public International Law and Human Rights, grade: 70%, University College London, course: LLM, language: English, abstract: This paper seeks to examine, from a human rights perspective, the degree of protection of the right to strike under Article 11 ECHR. Chapter One examines whether Article 11 ECHR offers any possibility for reading into its provisions a general right to strike. It will scrutinise the initial reluctance of the ECtHR to proceed to such an interpretation, and thus to adequately safeguard the right at issue. Chapter Two discusses the course through which the initial despair preceded the subsequent hope of the Demir and Baykara judgement while considering the case’s impacts on the protection of the right to strike. Chapter Three critically examines the decision in the RMT v. UK case, in which the ECtHR appeared to misplace any optimism its previous jurisprudence had generated. It will focus on the UK’s problematic pre-industrial notices which are necessary for the workers in escaping tortious liability, and on the classification, by the Court, of a secondary action as an ‘‘accessory’’, rather than a core aspect of trade unions’ activity. Chapter Four at first refers to the importance of the right to strike as a human right. It is argued that its enhanced protection can result in the promotion of human rights for both those taking part in the industrial action and those who are not formally engaged in the dispute. Finally, it discusses why the ECHR constitutes the 'safest' route through which individuals and trade unions can challenge breaches vis a vis the right to strike.
Download or read book The Charter of Fundamental Rights of the European Union and the Employment Relation written by Filip Dorssemont and published by Bloomsbury Publishing. This book was released on 2019-04-04 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).
Download or read book The Laval and Viking Cases written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt: in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following: cross-border solidarity among workers; collective action as a fundamental freedom; the prospects for an EU minimum wage plan; the 'social partners' approach to national labour law; the harmonisation of social security standards; and the scope of enforcement by Member State labour regulatory authorities.
Download or read book Collective Rights in Europe written by Rebecca Mooney and published by Hart/Beck. This book was released on 2021-08-05 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines collective rights, and collective or class action procedures, in the European Union and selected member states, including Austria, Belgium, Czech Republic, France, Germany, the Netherlands, Portugal, Spain, UK and others. Conceptually, collective rights and redistributive civil justice models conflict with principles of autonomy and fundamental individual rights in liberal legal orders. However, in interconnected modern society, breach of private rights and correlated public norms can inflict mass harm on numerous individuals and on the collective public interest. Constitutional civil, political and equality rights, minority rights, economic, social and cultural rights, and diffuse environmental rights, with individual and collective or solidarity dimensions, arise under European Union law and in various guises across national legal systems. Although EU law is a unifying trait, there is extensive diversity in the recognition and enforcement of collective or solidarity rights across member states. Breach of these rights has particular propensity to cause mass or collective harm. Enforcement can be challenging, but collective or class action procedures, whilst controversial, can facilitate access to justice. As this book reveals, despite European Union harmonization objectives, member states have hugely varying approaches to collective constitutional and private law rights and class or group action enforcement procedures.
Download or read book Monitoring Fundamental Rights in the EU written by Philip Alston and published by Hart Publishing. This book was released on 2005-02 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to examine the creation and function of the EU Fundamental Rights Agency.
Download or read book European Fundamental Rights and Freedoms written by Dirk Ehlers and published by Walter de Gruyter. This book was released on 2011-12-07 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ever increasing relevance of European law which involves replacement or supplementation of and interaction with national law not only affects the states in Europe but also, and foremost, the citizens. The rights of the citizens in Europe are protected by the European Fundamental Rights and Freedoms. The aim of this textbook is to grasp and illustrate the meaning of these rights and to integrate it into a coherent system. For this purpose the book not only deals with the pertinent law of the European Union and the European Community, but also with the European Convention for the Protection of Human Rights and Fundamental Freedoms which, too, is becoming more and more important. In addition, regard is had to the Charter of Fundamental Rights of the Union which forms part of the Treaty establishing a Constitution for Europe. Although the Charter is not yet legally binding since the Constitution has not been ratified by all EU Member States, the Community Courts already make reference to it as a concentrate of the constitutional traditions common to the Member States. It therefore does not seem entirely unlikely that the Charter might be included into the existing Treaties irrespective of the future constitutional developments on the EU level. On a similar anticipatory basis the book also takes into account those Protocols to the European Convention for the Protection of Human Rights and Fundamental Freedoms that have not yet entered into force.
Download or read book The European Union and Human Rights written by Nanette A. Neuwahl and published by BRILL. This book was released on 2021-09-27 with total page 351 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Social Rights and Market Forces written by Olivier de Schutter and published by Emile Bruylant. This book was released on 2005 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book European Variations as a Key to Cooperation written by Ernst Hirsch Ballin and published by Springer Nature. This book was released on 2020-01-02 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.
