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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: Yves Jorens
Publisher: Springer Nature
ISBN: 3031188543
Category : Law
Languages : en
Pages : 611
Get Book Here
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: 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: Elena D'Alessandro
Publisher:
ISBN: 9781780689692
Category : Conflict of laws
Languages : en
Pages : 0
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Book Description
How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.
Author: Vesna Rijavec
Publisher:
ISBN: 9781780687773
Category :
Languages : en
Pages : 254
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Book Description
The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions.
Author: Paul Torremans
Publisher: Edward Elgar Publishing
ISBN: 1781955808
Category : Law
Languages : en
Pages : 901
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Book Description
The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf
Author: Stein Evju
Publisher:
ISBN: 9788272362293
Category :
Languages : en
Pages : 419
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Book Description
Author: Saskia Hufnagel
Publisher: Taylor & Francis
ISBN: 1136697276
Category : Law
Languages : en
Pages : 300
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Book Description
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.
Author: Miroslava Scholten
Publisher: Edward Elgar Publishing
ISBN: 1802208038
Category : Law
Languages : en
Pages : 581
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Book Description
This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.
Author: Anna Fiodorova
Publisher: Routledge
ISBN: 1351240242
Category : Law
Languages : en
Pages : 282
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Book Description
Presenting an integrated approach to information exchange among law enforcement institutions within the EU, this book addresses the dilemma surrounding the need to balance the security of individuals and the need to protect their privacy and data. Providing the reader with a comprehensive analysis of information exchange tools, exploring their history, political background, the most recent legal modifications and the advantages and disadvantages of their use, it includes a comparison between different information exchange tools. Written by an author who has worked as a police officer, Home Affairs counsellor and academic, this is an important read for scholars working with EU Law, Criminal Procedure Law, and International Law as well as for practitioners who directly deal with international police cooperation or who perform criminal investigation both within and outside the EU.
Author:
Publisher:
ISBN: 9789276101772
Category :
Languages : en
Pages :
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Book Description
Cross-border mobility and declared work across the EU underpin a fair and well-functioning labour market. But as labour mobility within the EU grows, so do concerns around undeclared work and social fraud. These concerns often derive from dynamic and complex schemes for evasion of taxes and social security contributions, such as fraudulent letterbox companies or bogus selfemployment, which operate across borders, sometimes spanning multiple countries. An effective combination of direct and indirect controls across borders can help enforcement bodies across Europe to address those issues. Concerted and joint inspections are part of these measures and can be an effective deterrent by bringing together the investigative powers, expertise and resources of multiple partners. They also encourage cooperation between enforcement bodies across the EU and demonstrate to the public that complex cross-border fraud is being tackled. However, cross-border inspections remain until now limited in number and can be hampered by incompatible legal frameworks within different Member States, as well as issues around resourcing and data sharing. Therefore, more efforts are needed at national and EU level to support and coordinate cross-border inspection activities [...] Effective cross-border inspections require national and EU-wide support. Given the current challenges to organise cross border inspections, this toolkit offers guidance on how to prepare, implement, and follow up effective cross-border inspections to ensure that EU rules on labour mobility are enforced fairly, coherently and effectively.
