Download or read book Legal Status of Sportsmen and Sportswomen Under International European and Belgian National and Regional Law written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: Underscoring the demonstrable illegality of the transfer system imposed by the International Federation of Football Associations (FIFA), this text describes in detail the complex ramifications of FIFA's rules in the lives of players, revealing how their fundamental rights are systematically denied.
Download or read book EU Sports Law and Breakaway Leagues in Football written by Katarina Pijetlovic and published by Springer. This book was released on 2015-02-02 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Katarina Pijetlovic is the first author to address the issue of breakaway leagues in football and their treatment under EU law. In this book she guides the reader through EU sports law, the specificities of the sporting industry and the problems and power struggles in European football governance in the context of the breakaway threats by elite clubs. In order to analyse the legality of UEFA clauses that restrict the formation of such breakaway structures, the author first provides a progressive interpretation of the applicable EU sports law and an in-depth analytical review of EU sports cases decided under internal market and competition provisions, including a novel perspective on the UEFA home-grown rule and the Bosman case. Thereafter, she sets out an original theory of convergence between TFEU provisions on competition and the internal market in the light of sporting exceptions. Finally, in applying the legal principles thus outlined Katarina Pijetlovic explores the legality of the restrictive UEFA clauses and the case for the formation of alternative leagues in European football under EU sports law. A number of surprising outcomes emerge from this analytical process. Conversely, she also tests the largely neglected issue of the legality of forming a breakaway league by the European elite football clubs. The systematic way in which the reader is guided through EU sports law and the legal issues under consideration makes the book accessible for EU lawyers as well as non-EU sports lawyers, on both an academic and a practitioner’s level. Katarina Pijetlovic holds licentiate and doctoral degrees in EU sports law from the University of Helsinki. The book appears in the ASSER International Sports Law Series, under the editorship of Dr. David McArdle, Prof. Ben Van Rompuy and Marco van der Harst LL.M.
Download or read book Principles and Practice in EU Sports Law written by Stephen Weatherill and published by Oxford University Press. This book was released on 2017 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Principles & Practice in EU Sports Law provides an overview of EU Sports Law. In particular it assesses sporting bodies' claims for legal autonomy from the 'ordinary law' of states and international organisations. Sporting bodies insist on using their expertise to create a set of globally applicable rules which should not be deviated from irrespective of the territory on which they are applied. The application of the lex sportiva, which refers to the conventions that define a sport's operation, is analysed, as well as how this is used in claims for sporting autonomy. The lex sportiva may generate conflicts with a state or international institution such as the European Union, and the motives behind sporting bodies' claims in favour of the lex sportiva's autonomy may be motivated by concern to uphold its integrity or to preserve commercial gain. Stephen Weatherill's text underlines the tense relationship between lex sportiva and national and regional jurisdictions which is exemplified with specific focus on the EU. The development of EU sports law and its controversies are detailed, reinforced by the example of relevant legal principles in the context of the practice of sports law. The intellectual heart of the text endeavours to make a normative assessment of the strength of claims in favour of sporting autonomy, and the comparison between different jurisdictions and sports is evident. Furthermore the enduring dilemma facing sports lawyers running throughout the text is whether sport should be regarded as special, and in turn how (far) its special character should be granted legal recognition.
Download or read book Modern Sports Law written by Jack Anderson and published by Bloomsbury Publishing. This book was released on 2010-10-26 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of this book is to provide an account of how the law influences the operation, administration and playing of modern sports. Although the book focuses on legal doctrine it has been written bearing in mind sport's historical, cultural, social and economic context, including the drama and colour of sport's major events and leading personalities. And although it is inevitably very much concerned with elite professional sports it is not dominated by them, and seeks to cover the widest possible range of sports, professional and amateur. Initially, the book addresses practical issues such as the structures of national and international sport, and examines the evolution of the body of law known as 'sports law'. Thereafter three main themes are identified: regulatory; participatory; and financial aspects of modern sport. The regulatory theme is dealt with in chapters considering the manner in which decisions of sports governing bodies may be challenged in the ordinary courts and the development of alternative dispute resolution mechanisms in sport. The participatory theme includes the legal regulation of doping and violence in sport, as well as the broader topic of tortious liability for sporting injuries. The financial theme, reflecting the enhanced commercialisation of sport at all levels, is developed in chapters concerning issues in applied contract and employment law for players and legal matters surrounding the organisation of major sports events. The conclusion summarises modern sport's experience of EU law, pointing the way to the future direction of sports law more generally. While the book is aimed primarily at students, and is designed to cover fundamental and topical areas of sports law (sports law in general; sports bodies and the courts; arbitration in sport; corruption; doping; violence; civil liability; discrimination; the commodification of modern sport; and the likely future of sports law), it should also prove of wider interest to practitioners, sports administrators and governing bodies; and though focused primarily on UK law it will also appeal to readers in Australia, Canada, New Zealand and the USA.
Download or read book The Legacy of Bosman written by Antoine Duval and published by Springer. This book was released on 2016-05-25 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: In December 1995, the Court of Justice of the European Union delivered its judgment in its most famous case to date: the Bosman case. Twenty years later, this book explores in detail how this landmark judgment legally and politically transformed the relationship between the European Union and sport. Written by leading academics in the field, the ten contributions in this book reflect on how Bosman fundamentally shaped the application of EU law to sport and its transformative effects on sports governance. The book’s innovative perspectives on the Bosman ruling makes it important reading for scholars, practitioners and policy-makers concerned with EU law and Sports law. With a foreword by Prof. Dr. Carl Otto Lenz, Advocate General at the Court of Justice in the Bosman-case. Dr. Antoine Duval is Senior Researcher for International and European Sports Law at the T.M.C. Asser Instituut in The Hague. He holds a Ph.D. on the interaction between Lex Sportiva and EU Law from the European University Institute in Florence, where he was the conveyor of the Transnational Law Working Group. Prof. dr. Ben Van Rompuy is a senior researcher at the T.M.C. Asser Instituut, where he heads the ASSER International Sports Law Centre, and is Visiting Professor of Competition Policy at the Free University of Brussels (VUB). He holds a Ph.D. in law from the VUB and held visiting scholar positions at Georgetown University and New York University. The book appears in the ASSER International Sports Law Series, under the editorship of Prof. Dr. Ben Van Rompuy, Dr. Antoine Duval and Marco van der Harst LL.M.
Download or read book Sports Law written by Patrick K. Thornton and published by Jones & Bartlett Learning. This book was released on 2010-09-15 with total page 837 pages. Available in PDF, EPUB and Kindle. Book excerpt: The business of sports has become a multi-million dollar industry with legalities in sports leading the way. Sports Law looks at major court cases, statutes, and regulations that explore a variety of legal issues in the sports industry. The early chapters provide an overview of sports law in general terms and explore its impact on race, politics, r
Download or read book Changing Industrial Relations Modernisation of Labour Law written by Marco Biagi and published by Kluwer Law International B.V.. This book was released on 2003-01-01 with total page 500 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thirty-three distinguished authorities in the field of labour and industrial relations law gather here to enhance and complement the work of the late Marco Biagi, a man who, at the time of his violent and untimely death, had shown himself to be the most insightful and committed international scholar in this complex and controversial and, as it proved, even dangerous field. The topics covered range over many of Professor Biagi's special interests, including the following: the formulation of a new basis for labour law that could resolve new issues; employee protection in corporate restructuring; the trend toward individual 'enterprise bargaining'; a new European employment policy and what it might entail; the growing phenomenon of 'flexibilisation'; the effects of an aging workforce; the crucial nexus of free trade, labour, and human rights; the promise of EU enlargement; and protection of part-time workers. There is a lot of insight, innovation, and just clear thinking in this wide-ranging and far-reaching book. It will be of exceptional value to scholars, lawyers, and others concerned with the extensive and unpredictable changes under way in today's world of work.
Download or read book Social Responsibility in Labour Relations written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2008-01-01 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since 1945, socially moderated market economies have formed the cornerstone of the European socioeconomic model. Now, however due to powerful global economic, political and demographic tendencies tensions between social and economic interests and values are increasing. These developments create an urgent need for answers, actions and measures on the European level. This wide-ranging but focused collection of essays approaches this important trend from multiple perspectives. Compiled in honour of the major European labour law scholar Teun Jaspers, it encompasses a broad spectrum of analyses and insights by forty-one distinguished contributors from seven countries. Four major tensions are identified: between the European and national level, between fundamental rights and economic freedoms, between workers and employers, and between soft and hard law instruments. Throughout, a comparative approach is emphasized, not only within the EU but also between the EU and China and South Africa. Among the many topics covered are the following: relocation of labour to low-wage countries both within and outside the EU; conditions for tempering the excesses of the free labour market; the legal weight of voluntary standards such as codes of conduct; extending the scope of application of corporate social responsibility norms to transnational enterprises; pressure on national social law due to flexibilization, deregulation and individualization; contract termination protection; employability and training of employees; fixed-term work in the wake of the Mangold ruling; adjustment of working conditions for ill and disabled workers; right to strike; and restructuring of enterprises. In light of the Lisbon strategy, the authors address how the various tensions should be reconciled, especially in the context of the flexicurity approach. The book will be of great interest to academics and practitioners for its clear categorization of the issues which must be overcome when regulating employment and social policy in the context of todayands EU multilevel legal order. It pays detailed attention to the legal questions raised by emerging European labour and employment policies in respect of their specific materialization, the opportunities they offer, their feasibility, and the threats they pose to traditional workerands protection and, more generally, to traditional concepts of labour law.
Download or read book Recommendation on Social Protection Floors written by Tineke Dijkhoff and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the international community’s recognition of social protection as a human right, the vast majority of the world’s population still has no access to social protection. In a major effort to address this situation, the International Labour Conference unanimously adopted the Social Protection Floors Recommendation 202 of 2012. However, because of the wide variety of possible schemes (and techniques that can be employed to administer them), there is a genuine risk that important values relating to social protection will be overlooked in implementing the Recommendation. This collection of expert essays contains an in-depth clarification and analysis of the Recommendation and sets forth a clear and practicable set of principles that can be used both as a policy tool and as an assessment framework for the creation, maintenance, and supervision of a national social protection floor. This book pays detailed attention to each of the Recommendation’s key principles, including the following: – state responsibility; – universality of protection; – entitlement based in law; – adequacy and predictability of benefits; – non-discrimination; – financial solidarity; – good governance; – coherence of policies; and – social participation. A special feature of the book is its inclusion of case studies that display innovative social protection schemes focusing on children and families, persons of working age (particularly informal sector workers), and elderly persons. A concluding section offers useful insights on measures that can be taken and lessons learned. As a deeply informed and practical guide to ways in which states can (and do) establish and maintain a social protection floor as a fundamental element of their national social protection systems, this book has no peers. It will be warmly welcomed by jurists concerned with social protection throughout the world, by pertinent government agencies at all levels, by non-governmental organizations, and by academics in the field.
Download or read book Too Sick to Work written by Stamatia Devetzi and published by Kluwer Law International B.V.. This book was released on 2011-09-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea that European welfare states are struggling to meet new social risks during a process of adaptation to a post-industrial setting has been an acknowledged theory in welfare state research for some time. The authors of this remarkable book have chosen to study a powerful indicator of how this trend might affect legal protection and access to justice for individuals: reforms in social security systems as they apply to cases of reduced earnings capacity. While previously the notion of social protection made welfare state inhabitants feel that the risk of loss of income due to physical or psychological hindrances was minimal, this sense of security can no longer be taken for granted. This book presents in-depth analyses, by nine leading scholars in social security law, of recent reforms in the field of incapacity benefits in four European countries: Germany, the United Kingdom, the Netherlands, and Sweden. The authors emphasize how recent reforms in the field of social security have been transformed into legal provisions, how the gate-keeping function is implemented in the legislation of the different countries, and to what extent the reforms have affected the legal position of the individuals concerned. They find that ever-tightening requirements designed to reduce benefit dependency, in combination with policies emphasizing individual responsibilities rather than individual rights, cause increased social risks for exposed groups. Among the specific aspects covered are the following: Measuring the reduction of earnings capacity; rights and obligations attached to reintegration into the labour market; work capability assessment procedures; "rehabilitation chains" with fixed time limits; the real and increased risk of poverty faced by long-term incapacitated persons; constitutional concerns raised by increased dependency on means-tested benefits; conditionality of benefits on work-related activities, participation in training programmes, or active job searching; and sanctions that can be applied if the claimant fails to comply with activation measures. All the country chapters provide thorough surveys of recent reforms, as well as analyses of their different weaknesses and strengths. The European dimension is explored with particular reference to anti-discrimination legislation, health and safety law as well as the Open Method of Coordination. As a systematic analysis of the current reforms relating to reduced earnings capacity, this book will attract a wide readership among lawyers and policymakers for its thorough coverage of the current landscape and the far-reaching implications it suggests. The book's systematic comparative method sheds a bright light on the challenges faced by post-industrial European welfare states, and its crystallization of the legal strategies behind the individual legal measures and reforms deepens our understanding of the institutions of social security and our awareness of the rights and obligations of exposed individuals.
Download or read book Sustainable Development Global Trade and Social Rights written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2016-04-24 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: Three major fields of international law – trade, the environment, and human rights – have become inextricably intertwined in today’s world. A practitioner, policymaker, businessperson, or academic involved in any one of these fields must now be conversant with the other two. This groundbreaking book considers the crucial elements of this complex engagement, with eleven authoritative discussions by some of the most important and widely renowned professors of labor, commercial, and international law and experts from the International Labour Organization and the International Society for Labour and Social Security Law. Focusing primarily on the “social pillar” of sustainability, the authors cover such critical issues as the following: – the “creeping de-globalization” manifested by Brexit and US protectionist policies; – new and renegotiated multilateral “mega” treaties; – prospects for effectively codifying social responsibilities of multinational corporations; – nexus of economic comparative advantage and excessive exploitation of natural resources; – weak (or non-existent) enforcement of labor clauses in trade agreements; – assessing and managing environmental and social risk in project finance; and – stabilization clauses in state–investor agreements. An analysis of MERCOSUR serves as a revealing insight into the differences between trade agreements concluded among developing countries and those concluded among developed countries. A much-needed probing of the future of global trade in the light of a resurgence of economic nationalisms, this book takes a giant step towards a new consensus and cohesion phase in the international community where development policies, international business transactions, and social and environmental sustainability coexist harmoniously. It will be welcomed by practitioners, academics, and researchers in trade law, environmental law, and labor law, as well as by policymakers and businesspersons concerned with how these legal fields interact with economic justice.
Download or read book The Role of the State and Industrial Relations written by Adalberto Perulli and published by Kluwer Law International B.V.. This book was released on 2019-10-05 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Role of the State and Industrial Relations Edited by Adalberto Perulli & Tiziano Treu The new era of industrial relations that has been stealthily changing the world of work in recent decades seems to have reached a stage where it can be systematically monitored and analyzed, in great part because the “creeping renationalization” that has been noted since the financial crisis of 2008 has reinvigorated state intervention in essential economic structures. The contributions in this unrivalled book provide important new perspectives on the many challenges inherent in the present and future of the relationship between industrial relations and the state. Analyzing industrial relations systems from international, supranational, European and national points of view—and with an interdisciplinary approach connecting labour law, commercial law, corporate governance and international law—this one-of-kind book examines such salient aspects of the subject as the following: cooperative versus conflictual industrial relations systems; phenomenon of constitutionalization of power by multinational enterprises; competitive, illiberal and protectionist patterns of state regulation; freedom of association and industrial relations; potential power of transnational collective bargaining; impact of worktime arrangements; role of European Works Councils; exemplary value of the German system of workers’ participation; and global framework agreements. Using a comparative approach (the European Union, France, Spain, Germany, Italy, Japan, China, the United States, Brazil, South Africa, India), the book reconstructs the general framework of global industrial relations, considering challenges and future prospects and proposing a new agenda for the state. Contributors include widely renowned professors of labour, commercial and international law, as well as experts from the International Labour Organization and the International Society for Labour and Social Security Law. The debate about industrial relations and the state in our globalized world is of major concern for practitioners in governments, companies, employers’ associations and trade unions, as well as for company managers, entrepreneurs, consultants, judges, human rights lawyers and academics interested in labour, industrial relations and social rights in European and international contexts.
Download or read book Labour Law and Sustainable Development written by Valentina Cagnin and published by Kluwer Law International B.V.. This book was released on 2020-06-05 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour Law and Sustainable Development is a detailed reconstruction of the regulatory framework and jurisprudential findings of sustainable development at the international, European and national level. The global crisis of the past decade has underlined the social unsustainability of the ultra-liberalistic theories through which the labour law deregulation represents the precondition for social and economic development coherent with the globalization imperatives. It is no exaggeration to assert that the existing foundations of labour law have been irreversibly compromised. It is essential to find a way out of the crisis, at the same time defining the founding values of new sustainable labour law. In linking labour law with the sustainability paradigm, this provocative book promises to widen the scope and terms of the reconciliation of interests, taking into account the multiplicity of the stakeholders interested in economic, social and environmental issues and, in particular, to practise an approach that achieves intergenerational equity. What’s in this book: In an unprecedented comparative study, including case law, of the network of principles, agreements, practices and norms concerning sustainable development and its different economic and social implications, the author examines such facets as the following: sustaining solidarity and equality of opportunity in current and emerging work situations; enhancing individual autonomy in the current world of (subordinate but independent) labour; reconciling personal needs, flexible organization of companies and reduction of external and internal costs to companies; collective action for the regulation of labour relations allowing for the exercise of individual autonomy; involving entire populations that have been so far excluded in the world scene; developing a sustainable pension system to promote intergenerational solidarity; implementing flexicurity policies positively; social clauses of international trade treaties; undoing the profound contradiction of gender and wage inequalities; and promoting corporate social responsibility. The objective of this book is to provide the reader with a reasoning basis to assess whether the choice to elect sustainable development as a new paradigm of reference for labour law is feasible, and if, in particular, this choice can be useful in order to define the founding values of a new ‘sustainable’ labour law. How this will help you: Using an interdisciplinary approach, the author emphasizes the need to consider the various dimensions of sustainability together, not only the original environmental but also the economic and social dimensions. This book offers a real strategic leap for both legislators and social actors, in particular leading the way to avoiding a fracture of the generational pact that has held together modern societies. Although the book presents a profound academic contribution to the analysis of labour law realities and trends, it will also be welcomed by corporate lawyers, judges, human rights experts, trade unionists, business managers, entrepreneurs and consultants interested in the issues of labour, sustainable development and social rights.
Download or read book Labour Law and Climate Change written by Tiziano Treu and published by Kluwer Law International B.V.. This book was released on 2023-09-14 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the existential threat of climate change has at last been generally acknowledged, its influence on the labour market and the regulation of labour relations remains ambivalent at best. This supremely important volume, with contributions by thirteen prominent labour law practitioners and academics, shows how labour law not only can but absolutely must assume a greater role in the debate on the climate crisis and move towards a new eco-friendly labour paradigm. Committed to the proposition that employment must come to terms with the natural environment and open a new chapter in the relationship between human work and the Earth, the authors examine critical issues and perspectives on the role of labour law in a just ecological transition, focusing on such aspects as the following: negative externalities associated with the value chains production model; (in)effectiveness of corporate social responsibility and sustainability initiatives; protection of human rights from violations attributable to private sector activities; protection of whistleblowers; need for professional training in new occupations; environmental migrants; reskilling and active inclusion of workers and jobseekers; role of remote work and flexible working time; and evaluation and reward of employees. The impact of the green transition on industrial activities is already creating strong tensions among the social parties, leading inevitably to massive restructuring of enterprises and relocation of thousands of workers. This detailed analysis of the implications of climate change for the labour contract and the industrial relations system provides appropriate tools to understand trends and possible solutions for the future. It will be welcomed by managers, consultants, corporate lawyers, judges, human rights experts, trade unionists, researchers, and professors placed at the nexus of labour, industrial relations, and social rights in Europe and worldwide.
Download or read book Between Soft and Hard Law written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether or not we ever attain universal social justice, there can be little doubt that the international community has set meaningful standards, and that significant progress has been made over the last century. The leading standard-setter throughout this period has been the International Labour Organisation (ILO), with its nearly 200 conventions on labour law and social security law. Yet it is often asked: how effective are these standards? Do any lLO Member States actually offer (to quote the Philadelphia Declaration of the ILO Conference of 1944) social security measures to provide a basic income to all in need of such protection and comprehensive medical care? Perhaps not, but some come close, thanks to the application of ILO standards. This much-needed volume is the first detailed analysis of the legal meaning of ILO conventions within the ratifying Member States. In unprecedented depth a panel of distinguished authorities explores the role of ILO conventions in preparing and amending national legislation, in parliamentary debate, and in national case law. For comparative purposes, five countries the United Kingdom, France, Germany, Spain, and the Netherlands-are studied in depth. Among the points of discussion that arise are the following: the social dumping¿ that results from distortion of competition;the lLO's supervision procedures;protection of international migrant workers;temporary exceptions for developing countries; andthe possibility of rnodernising texts of older conventions. A useful annex reprints the texts of the ILO Constitution and the so-called up-to-date conventions pertaining to social security which are currently being promoted for ratification by the ILO. At a time when the very meaning of such terms as work and social security is being challenged by prevailing economic and political forces, this full-scale reappraisal of a body of international law that, although soft, has had a pronounced positive effect on the progress of social justice is to be welcomed. It is well worth the close attention of government policymakers and regulators, company lawyers, and interested academics everywhere.
Download or read book Lectures for the XXIst Century written by Bart Raymaekers and published by Leuven University Press. This book was released on 2008 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Changing Face of European Labour Law and Social Policy written by Alan C. Neal and published by Kluwer Law International B.V.. This book was released on 2004-01-01 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.
