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Author: Niklas Bruun
Publisher: Bloomsbury Publishing
ISBN: 1509906320
Category : Law
Languages : en
Pages : 551
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Book Description
This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of ETUI Transnational Trade Union Rights expert network members from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In a second phase a series of social rights are examined in light of the jurisprudence of the ECSR, to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights at national level, bearing in mind the reciprocal influence of other international social rights instruments.
Author: Niklas Bruun
Publisher: Bloomsbury Publishing
ISBN: 1509906320
Category : Law
Languages : en
Pages : 551
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Book Description
This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of ETUI Transnational Trade Union Rights expert network members from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In a second phase a series of social rights are examined in light of the jurisprudence of the ECSR, to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights at national level, bearing in mind the reciprocal influence of other international social rights instruments.
Author: Council of Europe
Publisher: Council of Europe
ISBN: 9789287100979
Category : Political Science
Languages : fr
Pages : 96
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Book Description
Annex and addenda 1 and 2:.
Author: Lukas, Karin
Publisher: Edward Elgar Publishing
ISBN: 1789903645
Category : Law
Languages : en
Pages : 393
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Book Description
This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).
Author: Brian Bercusson
Publisher: Nomos Verlagsgesellschaft
ISBN: 9783832921088
Category : Charter of Fundamental Rights of the European Union
Languages : en
Pages : 0
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Book Description
What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.
Author: Ben Saul
Publisher: Oxford University Press
ISBN: 0199640300
Category : Law
Languages : en
Pages : 1358
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Book Description
"One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.
Author: Filip Dorssemont
Publisher: Bloomsbury Publishing
ISBN: 178225210X
Category : Law
Languages : en
Pages : 482
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Book Description
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.
Author: Mary Daly
Publisher: Council of Europe
ISBN: 9789287149848
Category : Europe
Languages : fr
Pages : 126
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Book Description
The views of rights holders
Author: Niklas Bruun
Publisher: Bloomsbury Publishing
ISBN: 1782254455
Category : Law
Languages : en
Pages : 521
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Book Description
The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Author: Daniel Vaughan-Whitehead
Publisher: Edward Elgar Publishing
ISBN: 1783476567
Category : Business & Economics
Languages : en
Pages : 640
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Book Description
This is the first book to provide a comprehensive and systematic assessment of the impact of the crisis and austerity policies on all elements of the European Social Model. This book assesses the situation in each individual EU member state on the basi
Author: Wieteke Conen
Publisher: Edward Elgar Publishing
ISBN: 1788115031
Category : Political Science
Languages : en
Pages : 320
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Book Description
Since the 1970s the long term decline in self-employment has slowed – and even reversed in some countries – and the prospect of ‘being your own boss’ is increasingly topical in the discourse of both the general public and within academia. Traditionally, self-employment has been associated with independent entrepreneurship, but increasingly it has become a form of precarious work. This book utilises evidence-based information to address both the current and future challenges of this trend as the nature of self-employment changes, as well as to demonstrate where, when and why self-employment has emerged as precarious work in Europe.
