Download or read book Collective Complaints As a Means for Protecting Social Rights in Europe written by Giuseppe Palmisano and published by Anthem Press. This book was released on 2022-01-11 with total page 82 pages. Available in PDF, EPUB and Kindle. Book excerpt: The collective complaints procedure was created in 1995 as an optional quasi-jurisdictional monitoring mechanism specific for the protection of social rights, within the framework of the Council of Europe treaty system of the European Social Charter. In recent years, the importance and use of this procedure has increased considerably, in the context of a number of serious economic and social crises which are impacting negatively on the effective enjoyment of social rights in Europe. This short monograph explores and clarifies the specific features, the potential and limits of the collective complaints procedure, intended as a sui generis instrument for the protection of social rights, in the light of its evolutive application by the European Committee of Social Rights (the monitoring body of the European Social Charter) and its real impact on the state and conditions of social rights in the European countries concerned.
Download or read book The European Social Charter A Commentary written by The Academic Network on the European Social Charter and Social Rights and published by Martinus Nijhoff Publishers. This book was released on 2022-06-08 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Commentary drafted by scholars of the Academic Network on the European Social Charter and Social Rights (ANESC) is aimed both at researchers studying socio-economic rights in Europe, and at legal practitioners; civil society organisations, trade unions and ministerial staff engaging with the procedures of the European Committee of Social Rights. The text is compiled by a large body of expert contributors, working together with an Editorial Board, under the supervision of a Scientific Committee, which reviews the quality of each chapter. The Scientific Committee is composed of the most respected experts on the European Social Charter and Social Rights in Europe. The Commentary will offer approx. 106 Chapters, organized in 8 Volumes, some of which are focused on the substantive state obligations and the jurisprudence of the European Committee of Social Rights, others on the procedures that state representatives, international bodies and applicants must follow to engage with the system of the European Social Charter. Volume 1 deals with Cross-Cutting Themes and is edited by Stefano Angeleri and Carole Nivard.
Download or read book Policy within and through law written by J. De Bruyne and published by Maklu. This book was released on 2015-06-30 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Practising law, whether as a politician, a judge, a lawyer or an academic, is to a certain degree creating or influencing policy', Walter Van Gerven once wrote. This statement and many other similar or opposite statements make one wonder about the nature of the policies concerned, the identities of the decision makers and the rationale underlying those policies. On these and related questions PhD researchers from different Belgian law schools debated at the ACCA-conference held at Ghent University in May 2014. This book holds the fruits of those debates. Hence, the book contains concise contributions focusing on policy questions in matters related to various fields of law, such as environmental, constitutional, civil, social, criminal, procedural or EU law. It seeks to provide an insight into the interplay between legislators and administrative bodies on the one hand and judges and legal scholars on the other hand, bringing about the creation of a new policy or the adjustment or abolishment of an existing policy.
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 The Protection of Fundamental Social Rights in Europe Through the European Social Charter written by Council of Europe and published by Council of Europe. This book was released on 2001-01-01 with total page 132 pages. Available in PDF, EPUB and Kindle. Book excerpt: Conclusions of the conference.
Download or read book International Law written by Anders Henriksen and published by Oxford University Press, USA. This book was released on 2019-05 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law provides a fresh, student-focused approach and European perspective on the central issues in public international law. Providing ideal coverage for short foundational courses, this engaging textbook introduces all the essential topics in a concise and manageable way. Dedicated chapters on environmental law, economic law, and human rights are included, ensuring that appropriate coverage is given to the various areas affected by international law. The core topics are fully explained in plain terms and the principles and key terminology outlined in an accessible style. Taking a critical perspective throughout, Henriksen introduces the areas of debate and builds students' confidence in understanding the complexities of the international legal system and its operation across borders. Particular emphasis is placed on the key issues in civil law jurisdictions, making this text perfectly suited for students based in mainland Europe. A range of learning features highlight the important areas of debate and encourage students to engage critically with important disputes. Central issues boxes introduce each chapter, highlighting the controversies and key principles explored; chapter summaries provide an overview for students to review their understanding of a particular topic; discussion questions encourage students to apply their knowledge to addressing specific problems within the context of the subject; and carefully selected recommended reading lists guide students' wider research and enable them to broaden and consolidate their learning. Online Resources International Law offers a range of freely available materials to support lecturers and students in their studies. These resources include: - Short podcasts introducing the core topics covered - Advice on answering the Questions for Discussion at the end of each chapter - Links to other international law resources
Download or read book Complaint No 1 1998 written by Council of Europe and published by Council of Europe. This book was released on 2001-01-01 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: Experts and in the complaint
Download or read book The European social charter written by Collectif and published by Conseil de l'Europe. This book was released on 2013-04-01 with total page 140 pages. Available in PDF, EPUB and Kindle. Book excerpt: The 50th anniversary of the European Social Charter presents the opportunity for a comprehensive and informative review of one of the Council of Europe's fundamental treaties.What are its origins? Which states does it cover? What are its strengths? What are the new challenges that the Charter needs to address?This dynamic and accessible publication allows the reader to find out more about an instrument that is of vital importance for the protection of human rights in Europe and elsewhere.
Download or read book Litigating Transnational Human Rights Obligations written by Mark Gibney and published by Routledge. This book was released on 2013-10-30 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Obligations beyond this territorial space have been viewed as either being absent or minimalistic at best. However, the territorial paradigm has now been seriously challenged in recent years in part because of the increasing awareness of the ability of States and other actors to impact human rights far from home both positively and negatively. In response to this awareness various legal principles have come into existence setting out some transnational human rights obligations of varying degrees. However, notwithstanding these initiatives, judicial institutions and monitoring bodies continue to show an enormous hesitancy in moving beyond a territorial reading of international human rights law. This book addresses the issue in an innovative and challenging way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law, albeit a progressive interpretation of this law. The book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced. These include: the World Trade Organization; the International Court of Justice; the regional human rights monitoring bodies; domestic courts; and the UN treaty bodies. Each hypothetical judgment is accompanied by detailed commentary placing it in context in order to show how international human rights law can address issues of a transnational character. The book will be of interest to human scholars and lawyers, practitioners, activists and aid officials.
Download or read book The European Social Charter The Protection of Economic and Social Rights in Europe 2d Edition written by David Harris and published by BRILL. This book was released on 2021-10-01 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The EU Charter of Fundamental Rights written by Steve Peers and published by Bloomsbury Publishing. This book was released on 2014-12-01 with total page 1938 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.
Download or read book Roma Tre Law Review 02 2020 written by and published by Roma TrE-Press. This book was released on 2021-03-12 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Roma Tre Law Review” is a law review sponsored by the Department of Law of the University of Roma Tre. It is not focused on a specific topic or a set of issues, but it is aimed at surveying transversally – and from an interdisciplinary perspective – the national and trans-national legal landscape. Its main aim is to promote the diffusion of the Italian legal culture, and namely the type of scholarship produced at Roma Tre, abroad, as well as to investigate the development of the law in several fields and places from an Italian and European viewpoint. Accordingly, the review will host contributions ideally characterized by a specific set of features, and namely by their openness to comparative, historical, and interdisciplinary perspectives on all legal issues of not strictly local concern.
Download or read book Constitutionalism Under Stress written by Uladzislau Belavusau and published by Oxford University Press, USA. This book was released on 2020 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together leading scholars of comparative constitutional law to reflect on current challenges to liberal constitutionalism and democratic governance, as inspired by the work of Professor Wojciech Sadurski.
Download or read book Research Handbook on Economic Social and Cultural Rights as Human Rights written by Jackie Dugard and published by Edward Elgar Publishing. This book was released on 2020-10-30 with total page 456 pages. Available in PDF, EPUB and Kindle. Book excerpt: This exciting Research Handbook combines practitioner and academic perspectives to provide a comprehensive, cutting edge analysis of economic, social and cultural rights (ESCR), as well as the connection between ESCR and other rights. Offering an authoritative analysis of standards and jurisprudence, it argues for an expansive and inclusive approach to ESCR as human rights.
Download or read book Parliamentary Assembly Working Papers written by BERNAN ASSOC and published by Council of Europe. This book was released on 2008-02-28 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Research Handbook on EU Labour Law written by Alan Bogg and published by Edward Elgar Publishing. This book was released on 2016-12-30 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.
Download or read book Reed and Murdoch Human Rights Law in Scotland written by Jim L Murdoch and published by Bloomsbury Publishing. This book was released on 2017-03-17 with total page 1405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human Rights Law in Scotland, Fourth Edition provides essential practical guidance to the Scottish legal profession. Written by two distinguished authors, the work explores the impact of human rights legislation in Scotland and provides a comprehensive review of ECHR (European Court of Human Rights) jurisprudence and relevant domestic legislation and case law as well as an overview of Strasbourg enforcement machinery. The fourth edition of this highly regarded work has been fully updated to reflect legislative changes to the Scotland Act 2012 (amending the Scotland Act 1998) and coverage of two new Protocols to the ECHR, as well as new case law and developments in jurisprudence. This highly regarded title is essential reading for legal practitioners, government agencies, students and others who require a clear and up-to-date guide to the application of European human rights law in Scotland. Previous print edition ISBN: 9781847665560
