The Growing Conflict Between European Uniformity and National Flexibility

The Growing Conflict Between European Uniformity and National Flexibility PDF Author: Jens Kristiansen
Publisher:
ISBN: 9788757498608
Category :
Languages : en
Pages : 291

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Book Description

The Growing Conflict Between European Uniformity and National Flexibility

The Growing Conflict Between European Uniformity and National Flexibility PDF Author: Jens Kristiansen
Publisher:
ISBN: 9788757498608
Category :
Languages : en
Pages : 291

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Book Description


The Growing Conflict Between European Uniformity and National Flexibility

The Growing Conflict Between European Uniformity and National Flexibility PDF Author: Jens Kristiansen
Publisher: Djoef Publishing
ISBN: 9788757419733
Category : Arbejdsforhold
Languages : en
Pages : 0

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Book Description
In recent years, the Danish flexicurity model has attracted attention from the European Union as a successful way of combining a flexible labor law regime with generous social protection of employees and an active labor market policy. However, the Danish model has itself come under pressure from ever increasing EU harmonization of working conditions. This book examines the pressure put on the flexible Danish labor law system by EU labor law directives and the case law of the Court of Justice of the European Union (CJEU). The analysis highlights the increasing tension between, on the one hand, the flexibility that the directives aim to allow individual Member States and, on the other hand, the uniform interpretation and application of the principles of which the CJEU is an exponent. [Subject: Danish Law, European Law, Employment Law, Comparative Law]

The Sources of Labour Law

The Sources of Labour Law PDF Author: Tamás Gyulavári
Publisher: Kluwer Law International B.V.
ISBN: 9403502045
Category : Law
Languages : en
Pages : 608

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Book Description
Labour law has traditionally aimed to protect the employee under a hierarchy built on constitutional provisions, statutory law, collective agreements at various levels, and the employment contract, in that order. However, in employment regulation in recent years, ‘flexibility’ has come to dominate the world of work – a set of policies that reshuffle the relationship among the fundamental pillars of labour law and inevitably lead to degrading the protection of employees. This book, the first-ever to consider the sources of labour law from a comparative perspective, details the ways in which the traditional hierarchy of sources has been altered, presenting an international view on major cross-cutting issues followed by fifteen country reports. The authors’ analysis of the changing hierarchy of labour law sources in the light of recent trends includes such elements as the following: the constitutional dimension of labour rights; the normative intervention by the State; the regulatory function of collective bargaining and agreements; the hierarchical organization of labour law sources and the ‘principle of favour’; the role played by case law in both common law and civil law countries; the impact of the European Economic Governance; decentralization of collective bargaining; employment conditions as key components of global competitive strategies; statutory schemes that allow employees to sign away their rights. National reports – Australia, Brazil, China, Denmark, France, Germany, Hungary, Italy, Poland, Russia, Spain, Sweden, South Africa, the United Kingdom and the United States – describe the structure of labour law regulations in each legal system with emphasis on the current state of affairs. The authors, all distinguished labour law scholars in their countries, thus collectively provide a thorough and comprehensive commentary on labour law regulation and recent tendencies in national labour laws in various corners of the globe. With its definitive analysis of such crucial matters as the decentralization of collective bargaining and how individual employment contracts can deviate from collective agreements and statutory law, and its comparison of representative national labour law systems, this highly informative book will prove of inestimable value to all professionals concerned with employment relations, labour disputes, or labour market policy, especially in the context of multinational workforces.

The Enforcement of EU Law and Values

The Enforcement of EU Law and Values PDF Author: András Jakab
Publisher: Oxford University Press
ISBN: 0191063517
Category : Law
Languages : en
Pages : 715

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Book Description
It is clear that the current crisis of the EU is not confined to the Eurozone and the EMU, evidenced in its inability to ensure the compliance of Member States to follow the principles and values underlying the integration project in Europe (including the protection of democracy, the Rule of Law, and human rights). This defiance has affected the Union profoundly, and in a multi-faceted assessment of this phenomenon, The Enforcement of EU Law and Values: Ensuring Member States' Compliance, dissects the essence of this crisis, examining its history and offering coping methods for the years to come. Defiance is not a new concept and this volume explores the richness of EU-level and national-level examples of historical defiance – the French Empty Chair policy–, the Luxembourg compromise, and the FPÖ crisis in Austria - and draws on the experience of the US legal system and that of the integration projects on other continents. Building on this legal-political context, the book focuses on the assessment of the adequacy of the enforcement mechanisms whilst learning from EU integration history. Structured in four parts, the volume studies (1) theoretical issues on defiance in the context of multi-layered legal orders, (2) EU mechanisms of acquis and values' enforcement, (3) comparative perspective on law-enforcement in multi-layered legal systems, and (4) case-studies of defiance in the EU.

European Employment Policies

European Employment Policies PDF Author: Tania Bazzani
Publisher: BWV Verlag
ISBN: 3830538057
Category : Labor laws and legislation
Languages : en
Pages : 208

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Book Description


Transnationalisation and Legal Actors

Transnationalisation and Legal Actors PDF Author: Bettina Lemann Kristiansen
Publisher: Routledge
ISBN: 0429678975
Category : Law
Languages : en
Pages : 305

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Book Description
Transnational tendencies have led to a pluralistic legal environment in which emerging and established legal actors, regulatory levels and types of legal norms co-exist, compete and interact in complex ways. This challenges and changes not only how legal norms are created, applied and enforced but also when these actors, norms and processes are considered legitimate. The book investigates how states and non-state actors interact in transnational settings and pays attention to the understudied question of what effect transnational tendencies have on the legitimacy of legal actors, norms and processes. It seeks to confront three fundamental questions: Has legitimacy significantly changed? Who creates norms and with which consequences for legal procedures and norms? The book considers the question of legitimacy from a broad range of legal perspectives, including environmental law, human rights law and commercial law. It maps out the contours of legitimacy today with an emphasis on the reactions of central actors like states and courts to transnational tendencies. The book thereby provides a conceptually powerful structure within which to further debate the complexity of transnational tendencies in law and proposes innovative approaches to problem solving while designing pathways for further reflection on the development of law in a transnational context.

Labour Law in Denmark

Labour Law in Denmark PDF Author: Ole Hasselbalch
Publisher: Kluwer Law International B.V.
ISBN: 940351003X
Category : Law
Languages : en
Pages : 542

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Book Description
Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Denmark 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 Denmark, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.

Between Flexibility and Disintegration

Between Flexibility and Disintegration PDF Author: Bruno De Witte
Publisher: Edward Elgar Publishing
ISBN: 1783475897
Category : Law
Languages : en
Pages : 443

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Book Description
Differentiation was at first not perceived as a threat to the European project, but rather as a tool to promote further integration. Today, more EU policies than ever are marked by concentric circles of integration and a lack of uniform application. As the EU faces increasingly existential challenges, this timely book considers whether the proliferation of mechanisms of flexibility has contributed to this newly fragile state or whether, to the contrary, differentiation has been fundamental to integration despite the heterogeneity of national interests and priorities.

Strengthening Forensic Science in the United States

Strengthening Forensic Science in the United States PDF Author: National Research Council
Publisher: National Academies Press
ISBN: 0309142393
Category : Law
Languages : en
Pages : 348

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Book Description
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Rescuing Human Rights

Rescuing Human Rights PDF Author: Hurst Hannum
Publisher: Cambridge University Press
ISBN: 1108417485
Category : Law
Languages : en
Pages : 245

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Book Description
Focuses on understanding human rights as they really are and their proper role in international affairs.