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Author: Mark Freedland FBA
Publisher: OUP Oxford
ISBN: 0191566594
Category : Law
Languages : en
Pages : 435
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Book Description
How can the EU's community of welfare states adapt their public policies to economic globalization? What happens when the economic and social aims of the EU come into conflict? This book examines the developing legal regimes and regulation of public services in the UK and other European countries. Public services are examined though a case-study of the complex area of public employment services. These are job-placement and vocational training services which aim to maximize employment and minimize unemployment within EU member States' Active Labour Market policies. Employment services are at the centre of a complex web of rules in both hard and soft forms of law deriving from the EU, national public law and from private, and at times contractual, agreements. They also lie at the crossroads of a series of trends in regulation, and priorities have been inspired by an array of conflicting policy rationales. These policy rationales include the establishment of an open and competitive European internal market, the establishment of an efficient welfare state, the scaling down of state administrative machinery, the fulfilment of core public service responsibilities, and the creation of public-private partnerships. Public employment services provide a highly informative and novel case study of the interaction and conflict between the economic and social aims of the EU and between regulation at national and supranational levels, and the changing forms which this regulation has taken.
Author: Mark Freedland FBA
Publisher: OUP Oxford
ISBN: 0191566594
Category : Law
Languages : en
Pages : 435
Get Book Here
Book Description
How can the EU's community of welfare states adapt their public policies to economic globalization? What happens when the economic and social aims of the EU come into conflict? This book examines the developing legal regimes and regulation of public services in the UK and other European countries. Public services are examined though a case-study of the complex area of public employment services. These are job-placement and vocational training services which aim to maximize employment and minimize unemployment within EU member States' Active Labour Market policies. Employment services are at the centre of a complex web of rules in both hard and soft forms of law deriving from the EU, national public law and from private, and at times contractual, agreements. They also lie at the crossroads of a series of trends in regulation, and priorities have been inspired by an array of conflicting policy rationales. These policy rationales include the establishment of an open and competitive European internal market, the establishment of an efficient welfare state, the scaling down of state administrative machinery, the fulfilment of core public service responsibilities, and the creation of public-private partnerships. Public employment services provide a highly informative and novel case study of the interaction and conflict between the economic and social aims of the EU and between regulation at national and supranational levels, and the changing forms which this regulation has taken.
Author:
Publisher: Oxford University Press, USA
ISBN: 0199233489
Category : Business & Economics
Languages : en
Pages : 435
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Book Description
Employment services are at the centre of a complex web of rules deriving from the EU, national public law and from private agreements. This book examines the law and regulation of public services through case studies of the public employment services in EU member states.
Author: Karl Riesenhuber
Publisher:
ISBN: 9781839701511
Category :
Languages : en
Pages : 1016
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Book Description
European employment law is becoming increasingly important. Its impact upon domestic law of the Member States in fields such as fixed-term employment contracts, collective redundancies or industrial action, is growing. This volume therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice.00The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms and competences of the European Union in the field of employment law. A systematic presentation of the conflict of law rules in European Employment Law then follows: the Rome I and Rome II-Regulations, the Posting of Workers Directive and the Brussels Regulation on the recognition and enforcement of judgements. Subsequently, the author focuses on individual labour law which, at the EU level, is principally composed of rules on non-discrimination, the protection of safety and health and working time; rules on atypical forms of employment (part-time, fixed-term and temporary agency work) and special groups of employees (mothers, parents, young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer and insolvency. This is followed by a discussion of collective labour law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, and to employment law rules contained in the Directive on cross-border mergers.
Author: Steve Peers
Publisher: Bloomsbury Publishing
ISBN: 1509933506
Category : Law
Languages : en
Pages : 2013
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Book Description
“..this most thorough commentary must be regarded as the Bible on the Charter” Peter Oliver, Common Market Law Review This second edition of the first commentary of the EU Charter of Fundamental Rights in English, written by experts from several EU Member States, provides an authoritative but succinct statement of how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each commentator offers an expert view of how each article is either already being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. This is a much-welcomed new edition of the authoritative guide to the Charter.
Author: Ewan McGaughey
Publisher: Bloomsbury Publishing
ISBN: 184946930X
Category : Law
Languages : en
Pages : 997
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Book Description
A Casebook on Labour Law supports every university labour or employment law course in the UK, set within European Union and international law. It covers history and theory, contract and rights, participation, equality, and job security. It also has chapters on essential topics for modern labour policy: the right to vote for company boards, in work councils and pension funds, and laws to achieve full employment by ending underpaid underemployment. Each chapter summarises further reading from noteworthy books and journals, and follows a unified conceptual structure. This aims to transcend historic divisions between common law or statute, private or public, and national or international law. The book invites the reader to engage in the economic and social evidence about labour law's empirical consequences and political principles.
Author: Andrzej Marian Świątkowski
Publisher: Kluwer Law International B.V.
ISBN: 9403548177
Category : Law
Languages : en
Pages : 476
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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Council of Europe not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Council of Europe, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Author: Herbert Smith Professor of Law Piet Eeckhout
Publisher: Oxford University Press, USA
ISBN: 0199571252
Category : Language Arts & Disciplines
Languages : en
Pages : 779
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Book Description
Now in its 28th year, the Yearbook of European Law is one of the most highly respected periodicals in the field. Featuring extended essays from leading scholars and practitioners, the Yearbook has become essential reading for all involved in European legal research and practice. This year's issue includes a special symposium on the recent Kadi case in the European Court of Justice, with contributions by Giorgio Gaja, Christian Tomuschat, Enzo Cannizzaro, Riccardo Pavoni and Martin Scheinin.
Author: Jarleth Burke
Publisher: Bloomsbury Publishing
ISBN: 1509912738
Category : Law
Languages : en
Pages : 257
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Book Description
A Critical Account of Article 106(2) TFEU: Government Failure in Public Service Provision offers a sceptical perspective on how EU law applies to public services. Article 106(2) provides that other Treaty rules may be disapplied in order to sustain a Service of General Economic Interest (SGEI). The rhetorical presentation of Article 106(2) is as a strict exception. As a result, Article 106(2) is often presented as a threat to Europe's public service tradition. This book challenges those shibboleths by using the concept of government failure. It is concerned with instances of government intervention that are unnecessary, generate avoidable inefficiencies, or that can be bettered so as to realise general interest goals more efficaciously. As an element of the government failure critique, a market feasibility test incorporating the concept of market failure is used to expose laxity in the review of general interests under Article 106(2). Complementing that, the process of disapplying other Treaty rules under Article 106(2) is shown to have evolved from being strict to being highly indulgent of SGEI providers, with a relatively recent but only partial correction post Altmark. Overall, the strict exception label for Article 106(2) does not hold. Moreover, it is contingent and presents no legitimate general interest related threat to the organisation and delivery of public services. A comprehensive re-orientation of Article 106(2) on issues of proof is required, as is greater reliance on market counterfactuals, and much more careful separation of objectives and means in SGEI operation and design. Through these measures, the toleration of government failure can be stemmed and Article 106(2)'s contingency reduced.
Author: Jason Heyes
Publisher: Edward Elgar Publishing
ISBN: 1782549439
Category : Political Science
Languages : en
Pages : 318
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Book Description
This book will prove a thought-provoking read for academics, researchers and students of economics _ particularly labour economics, social policy and public administration. Policy-makers and practitioners involved with labour administration at any leve
Author: Ralf Rogowski
Publisher: Edward Elgar Publishing
ISBN: 1781001170
Category : Business & Economics
Languages : en
Pages : 303
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Book Description
Since the mid 1990s, the focus of European employment and social policy has shifted from protection to promotion. This book provides a timely analysis of this new form of governance, and the new forms of policy delivery and audit which accompany it. The limitations of the current approach became particularly apparent during the financial crisis of 2008, and it has now reached a turning point. The book offers a new coherent European reform agenda that views easing transitions in employment and promoting the development of individual and collective capabilities as cornerstones. The contributing authors focus on vocational training, life course policies, reflexive labour law and social insurance, from theoretical, empirical and practical perspectives. Transforming European Employment Policy will be of great benefit to policymakers as well as those researching or studying European law, labour law, industrial relations, political science, social policy or international business.
