Cross-border Employment and Social Rights in the EU Road Transport Sector PDF Download
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Author: Amber Zwanenburg
Publisher:
ISBN: 9789462369641
Category : Transportation
Languages : en
Pages : 182
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Book Description
This textbook aims to sketch out the main problems arising in the field of EU transnational transportation by providing adequate understanding of the legal setting in the five key EU legal areas for this sector: fundamental freedoms, private international law, posting of workers, social security coordination and social dialogue. Indeed, road transport is a truly living organism which makes it challenging for the laws to keep up with its ongoing dynamics. In addition, due to its inherent transnational element, the process of application of relevant laws is often shrouded in ambiguity, making it difficult to solve the emerged conflicts of laws. Against this background, this textbook provides an integral vision on the interaction of EU freedoms with social rights at EU level offering a comprehensive and unique in--depth coverage of the most relevant topics and presenting nuanced guidance depicting problem-solving skills which was carefully selected by the leading academic experts. Overall, this position is addressed to not only academics but also to students, practitioners and others interested in the road transport sector.
Author: Amber Zwanenburg
Publisher:
ISBN: 9789462369641
Category : Transportation
Languages : en
Pages : 182
Get Book Here
Book Description
This textbook aims to sketch out the main problems arising in the field of EU transnational transportation by providing adequate understanding of the legal setting in the five key EU legal areas for this sector: fundamental freedoms, private international law, posting of workers, social security coordination and social dialogue. Indeed, road transport is a truly living organism which makes it challenging for the laws to keep up with its ongoing dynamics. In addition, due to its inherent transnational element, the process of application of relevant laws is often shrouded in ambiguity, making it difficult to solve the emerged conflicts of laws. Against this background, this textbook provides an integral vision on the interaction of EU freedoms with social rights at EU level offering a comprehensive and unique in--depth coverage of the most relevant topics and presenting nuanced guidance depicting problem-solving skills which was carefully selected by the leading academic experts. Overall, this position is addressed to not only academics but also to students, practitioners and others interested in the road transport sector.
Author: María Campo Comba
Publisher: Springer Nature
ISBN: 3030614816
Category : Law
Languages : en
Pages : 380
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Book Description
This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
Author: Zane Rasnaca
Publisher: Bloomsbury Publishing
ISBN: 1509944427
Category : Law
Languages : en
Pages : 591
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Book Description
This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective. Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap. Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.
Author: Yves Jorens
Publisher: Springer Nature
ISBN: 3031188543
Category : Law
Languages : en
Pages : 611
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Book Description
This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.
Author: Stefano Bellomo
Publisher: Sapienza Università Editrice
ISBN: 8893771594
Category : Law
Languages : en
Pages : 284
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Book Description
The collective volume “Modern Forms of Work. A European Comparative Study” evokes the intent to embody a reflection focused on modern labour law issues from a comparative perspective. A first set of essays contains national reports on modern forms of work. The second group contains some reflections regarding critical issues on digitalization, platforms and algorithms, analysing the different facets of the galaxy of digital work. The third group of essays flows into the section entitled “new balances and workers’ rights in the digital era”, a crucial topic in the debate. The complex of the writings, despite the diversity of approaches and methods, reveals the existence of a dense and inexhaustible dialogue between young scholars, at European and extra-European level. The analysis of new forms of work – the offspring of transnational processes of globalization and technologization – forms a fertile ground for experimenting a transnational dialogue on which young researchers can practice with excellent results, as this small volume confirms.
Author: Christoph Löbig
Publisher: GRIN Verlag
ISBN: 3640793234
Category : Law
Languages : de
Pages : 30
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Book Description
Studienarbeit aus dem Jahr 2008 im Fachbereich Jura - Europarecht, Völkerrecht, Internationales Privatrecht, Note: 82,00 %, King`s College London (Faculty of Law), Veranstaltung: European Labour Law, Sprache: Deutsch, Abstract: While mergers, acquisitions and outsourcing processes were mainly confined to the borders of individual Member States between the late 1960s and mid-1970s, the internationalisation of capital markets, the abolition of obstacles to trade, the improved infrastructure and the widespread supply of qualified labour entailed a significant rise in the number of cross-border transfers of undertakings during the second half of the 1980s and from 1995 onwards. Between 2002 and 2006, offshoring and delocalization operations from one Member State to another increased by 800 percent according to the European Restructuring Monitor. The European Commission ascribes this trend to the enlargement of the European Union, the consolidation of the internal market and the introduction of facilitating legal measures and expects the increase of transnational transfers of undertakings to continue. The purpose of this essay is to investigate in how far the Directive could be amended to deal with the specific case of cross-border transfers of undertakings. In order to provide a sophisticated solution, I will first outline the relevant scenarios in which cross-border transfers of undertakings may possibly occur in practice and discuss whether those cases are covered or if the Directive’s scope needs to be extended. Subsequently, I will check whether the definition of transfers of undertakings is broad enough to apply to cross-border transfers or if it is necessary to introduce amendments in order to safeguard workers’ interests sufficiently. The main focus of this paper, however, lies on the analysis of the appropriateness of the three substantive pillars of protection in cross-border scenarios. Eventually, I will briefly address problems in relation to conflicts of jurisdictions before I give a personal recommendation.
Author:
Publisher: International Labour Organization
ISBN: 9221184773
Category : Labor laws and legislation, International
Languages : en
Pages : 114
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Book Description
Examines labour and social issues arising from problems of cross-border mobility of international drivers in the road transport sector with an emphasis on promoting HIV/AIDS prevention, non-discrimination, visa issues, improving the efficiency and effectiveness of cross-border road transport operations and the living and working conditions of international drivers.
Author: Matteo Bottero
Publisher: Kluwer Law International B.V.
ISBN: 9403528648
Category : Law
Languages : en
Pages : 547
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Book Description
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Author: Marta Lasek-Markey
Publisher: Taylor & Francis
ISBN: 1000874966
Category : Law
Languages : en
Pages : 189
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Book Description
This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.
Author: Herwig Verschueren
Publisher:
ISBN: 9781780687292
Category : Domicile
Languages : en
Pages : 316
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Book Description
"Where do I belong? This is a question all mobile persons are bound to ask themselves at one time or another. When crossing borders, individuals establish links with states, which can be the basis for legal claims against these States. This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a member state and the right to social and employment protection in that state. When it comes to claiming rights from states, traditionally 'nationality' is the answer to the question where a person belongs. However, in the context of European integration and the development of an EU legal framework of internal market rules, citizenship rights and immigration rules, different answers to these questions have been developed. From this perspective the various chapters of this book examine instruments such as the Citizens Directive 2004/38, the Family Reunification Directive 2003/86, the Long-term Residence Directive 2003/109, the Social Security Coordination Regulation 883/2004, the Rome I Regulation 593/2008 and the Posting of Workers Directive 96/71. The case-law of the Court of Justice on these issues is of course a central element therein. The analyses of scholars from different legal disciplines in the fourteen chapters of this book show that EU law gives a multitude of answers to the question which link is necessary and sufficient to create an individual's right vis-a-vis a state. The definition of this link, the criteria used and the legal consequences differ according to the legal framework the individual finds himself/herself in and the legal instrument he/she invokes. Moreover, the criteria used in legislation and case-law continue to be the subject of problems of interpretation and application, which in turn leads to legal uncertainty or even confusion."--
