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 One Step Forward Two Steps Back The Viking and Laval Cases in the Ecj written by A. C. L. Davies and published by . This book was released on 2010 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This article analyses the judgements of the European Court of Justice (ECJ) in Case C-438/05 International Transport Workers' Federation and Finnish Seamen's Union v Viking Line (Judgement 11 December 2007) and Case C-341/05 Laval v Svenska Byggnadsarbetarefouml;rbundet (Judgement 18 December 2007). In these cases, the ECJ held that where industrial action infringes an employer's free movement rights under Article 43 EC (freedom of establishment) and Article 49 EC (freedom to provide services), respectively, these Treaty provisions can have horizontal direct effect against the unions organizing the action. Unions may defend themselves against these claims by asserting a right to strike (which the Court recognized as a fundamental right within Community law) but only where they are acting proportionately in the exercise of that right. The article explores the key elements of the ECJ's decisions on direct effect, fundamental rights and proportionality, and draws out some of the implications of these cases for English law.
Download or read book Reconciling Fundamental Social Rights and Economic Freedoms After Viking Laval and R ffert written by Andreas Bücker and published by Nomos Verlagsgesellschaft Mbh & Company. This book was released on 2011 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Viking - Laval - Ruffert judgments have triggered - more than almost any other jurisprudence of the Court of Justice of the EU - a debate about the balance between economic freedoms and fundamental social rights. It is expected to take a long period to establish consensus about a new equilibrium. This book provides a positive contribution to this debate. In the light of the new situation brought about by the Lisbon Treaty - i.e. the strengthening of fundamental rights and the forthcoming EU accession to the European Convention for the Protection of Human Rights and Fundamental Freedoms - the book develops and contemplates the concept of a cooperative structure of national, supranational, and international courts and actors. Country reports analyze the consequences of the Viking - Laval - Ruffert decisions on national levels with regard to legal and policy issues. Thereafter, approaches and principles aimed at protecting fundamental social rights and facilitating a process of inter-court dialogue and cooperation are developed, and suggestions for political guidelines on balancing economic freedoms and fundamental social rights are presented.
Download or read book EU Citizenship and Federalism written by Dimitry Kochenov and published by Cambridge University Press. This book was released on 2017-04-13 with total page 869 pages. Available in PDF, EPUB and Kindle. Book excerpt: Kochenov's definitive collection examines the under-utilised potential of EU citizenship, proposing and defending its position as a systemic element of EU law endowed with foundational importance. Leading experts in EU constitutional law scrutinise the internal dynamics in the triad of EU citizenship, citizenship rights and the resulting vertical delimitation of powers in Europe, analysing the far-reaching constitutional implications. Linking the constitutional question of federalism and citizenship, the volume establishes an innovative new framework where these rights become agents and rationales of European integration and legal change, located beyond the context of the internal market and free movement. It maps the role of citizenship in this shifting landscape, outlining key options for a Europe of the future.
Download or read book Viking Laval and Beyond written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2015-01-29 with total page 596 pages. Available in PDF, EPUB and Kindle. Book excerpt: EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.
Download or read book The European Social Model written by Nick Adnett and published by Edward Elgar Publishing. This book was released on 2005 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The authors explore the development of the European Social Model & question whether the relatively high level of social protection provided, both in terms of social welfare provision & in the creation of workers' rights & employment regulation, is sustainable.
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 Researching the European Court of Justice written by Mikael Rask Madsen and published by Cambridge University Press. This book was released on 2022-05-26 with total page 389 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book takes stock of the on-going 'methodological turn' in the field of EU law scholarship. Introducing a new generation of scholars of the European Court of Justice from law, history, sociology, political science and linguistics, it provides a set of novel interdisciplinary research strategies and empirical materials for the study of the Court of Justice of the European Union. The twelve case studies included challenge the usual top-down approach to EU law and the CJEU and instead suggest a more localized and fine-grained observation of the socio-legal actors and practices involved in the making of CJEU case-law. Moving beyond mainstream legal scholarship and the established 'grand narratives' of legal integration, the volume provides a more historically-informed and sociologically-grounded account of the EU law's uneven embeddedness in Europe's economies and societies.
Download or read book EC Employment Law written by Catherine Barnard and published by Oxford University Press, USA. This book was released on 2006 with total page 938 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'EC Employment Law' provides a thorough and authoritative guide to EC law on employment, within a social and economic context. Extensive coverage is given of complex equality caselaw and legislation, and many issues not covered elsewhere are examined.
Download or read book British Overseas Territories Law written by Ian Hendry and published by Bloomsbury Publishing. This book was released on 2018-06-14 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a manual of law and practice relating to the 14 remaining British overseas territories: Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn Islands; St Helena, Ascension and Tristan da Cunha; South Georgia and South Sandwich Islands; Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus; Turks and Caicos Islands; and Virgin Islands. Most, if not all, of these territories are likely to remain British for the foreseeable future, and many have agreed modern constitutional arrangements with the British Government. This book provides a comprehensive description of the main elements of their governance in law and practice, and of the constitutional and international status of the territories. This long-awaited second edition provides a comprehensive update on the law governing overseas territories. It reflects the post-Brexit landscape, and covers the Extradition Act 2003 (Overseas Territories) Order 2016 and the Emergency Powers (Overseas Territories) Order 2017. In addition, it explores case law developments from Chagos Islanders v The United Kingdom to the Mauritius case concerning British Overseas Territory waters.
Download or read book EU Employment Law written by Catherine Barnard and published by OUP Oxford. This book was released on 2012-08-09 with total page 1145 pages. Available in PDF, EPUB and Kindle. Book excerpt: This new edition of EU Employment Law provides a complete revision and update of the leading English language text in the field. The coverage in the new edition has been expanded with material on all the latest developments, incorporating the changes made by the Lisbon Treaty; the EU2020 strategy; the Charter of Fundamental Rights; the 'Article 19 Directives'; the Temporary Agency Work Directive; the revisions to the existing including the Directives on Parental Leave and European Works Council; and the new Social Security Regulations 883/2004. It also analyses the ever-expanding body of employment case law, including the momentous decisions in Viking, Laval, Rueffert, and Commission v Luxembourg. The book begins with an examination of the development of EU employment law focusing on the shift from employment law to employment policy. The text then studies rule-making in the field of employment law, considering both the traditional routes to legislation and governance techniques such as the Open Method of Coordination. The final chapters look closely at the substantive area of employment law, examining the free movement of persons, equal treatment, health and safety and working conditions, the restructuring of enterprises, worker participation, and collective action. Throughout, the book addresses the fundamental question as to the purpose of EU employment law: is it primarily economic, or social, or both?
Download or read book Exceptions from EU Free Movement Law written by Panos Koutrakos and published by Bloomsbury Publishing. This book was released on 2016-12-15 with total page 350 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Download or read book The Future Regulation of Work written by Nicole Busby and published by Springer. This book was released on 2016-04-01 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Labour law is in crisis. Global economic factors and the changing contours of work and workplace relations have led to a reorientation of the social, economic, political and cultural environment within which labour law has developed. This is not a jurisdictional problem but rather is deeply entrenched in transnational development. Solutions must recognise and mobilise the transformational shift that has taken place over recent decades. Law should be viewed as a force for and a facilitator of change, capable of expressing and determining social relations. The essays in this book explore the challenges posed by labour law's potential reinvention as a discipline fit for accommodating and investigating such change within a range of different but connected jurisdictional and regulatory concepts and paradigms.
Download or read book European Union Law written by Damian Chalmers and published by Cambridge University Press. This book was released on 2014-06-19 with total page 1227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This market-leading text combines clear explanation, expert analysis and a wide range of materials to make it required reading.
Download or read book The Role of the Court of Justice in EU Labour Law written by Silvia Rainone and published by Kluwer Law International B.V.. This book was released on 2023-05-17 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.
Download or read book The Foundations of European Private Law written by Roger Brownsword and published by Bloomsbury Publishing. This book was released on 2011-09-19 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: There remains an urgent need for a deeper discussion of the theoretical, political and federal dimensions of the European codification project. While much valuable work has already been undertaken, the chapters in this volume take as their starting point the proposition that further reflection and critical thought will enhance the quality and efficacy of the on-going work of the various codification bodies. The volume contains chapters by representatives of the Common Frame of Reference, the Study Group and the Acquis Group as well as by those who have not been involved in particular projects but who have previously commented more distantly on their work - for instance those belonging to the Trento Group, and the Social Justice Group. The chapters between them represent the most comprehensive attempt so far to survey the state of the codification project, its theoretical, political and federal foundations and the future prospects for enforcement and compliance.
Download or read book The Oxford Handbook of European Union Law written by Anthony Arnull and published by Oxford University Press. This book was released on 2015-07-23 with total page 950 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
