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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.
Author:
Publisher:
ISBN: 9789276101772
Category :
Languages : en
Pages :
Get Book Here
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.
Author: Ruslan Stefanov
Publisher:
ISBN:
Category :
Languages : en
Pages : 0
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Book Description
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: Zane Rasnaca
Publisher: Bloomsbury Publishing
ISBN: 1509944435
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: 3031328221
Category : Law
Languages : en
Pages : 632
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Book Description
This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
Author: United States Government Accountability Office
Publisher: Createspace Independent Publishing Platform
ISBN: 9781976385308
Category :
Languages : en
Pages : 72
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Book Description
U.S. Customs and Border Protection (CBP) is responsible for keeping terrorists and other dangerous people from entering the country while also facilitating the cross-border movement of millions of travelers. CBP carries out this responsibility at 326 air, sea, and land ports of entry. In response to a congressional request, GAO examined CBP traveler inspection efforts, the progress made and the challenges that remain in staffing and training at ports of entry, and the progress CBP has made in developing strategic plans and performance measures for its traveler inspection program. This is a public version of a For Official Use Only report GAO issued on October 5, 2007. To conduct its work, GAO reviewed and analyzed CBP data and documents related to inspections, staffing, and training, interviewed managers and officers, observed inspections at eight major air and land ports of entry, and tested inspection controls at eight small land ports of entry. Information the Department of Homeland Security (DHS) deemed sensitive has been redacted.
Author: Hélène Michel
Publisher: Taylor & Francis
ISBN: 1000782115
Category : Political Science
Languages : en
Pages : 162
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Book Description
This book brings together the expertise of economists, legal scholars, political scientists, and sociologists in order to integrate diverse perspectives and a broad range of analytical tools in the conceptualisation of labour mobility. It examines how variably the question of labour mobility has translated into the policies, laws, and norms through which the EU as a whole is governed. The contributions focus on the actors – European and national officials, experts, trade union and employers’ organisations – and on instruments implemented by institutions and political organisations – European Agency, coordination systems, European Job Mobility Portal (EURES) – to increase and support mobility within the European Union. This book will be of key interest to scholars and students of European/EU studies, migration studies, labour studies, political sociology, and more broadly to comparative politics.
Author: Luca Ratti
Publisher: Bloomsbury Publishing
ISBN: 1509968741
Category : Law
Languages : en
Pages : 621
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Book Description
This book provides an all-encompassing and timely analysis of the EU regulatory framework deriving from the enactment of Directive 2022/2041 on adequate minimum wages. In the first part, the book discusses the function of minimum wage policies in contemporary labour markets and the role of social partners and collective bargaining in governing minimum wage determinants and trends. The second part provides an article-by-article commentary of the Directive, including insights on crucial aspects such as the EU competence to intervene on wages, the concept of minimum wage adequacy, and the measurement and promotion of collective bargaining coverage. The third part assesses the impact of the Directive across the EU, focusing on the main systemic implications of the Directive as well as on the structural changes that Member States will need to implement. With contributions written by scholars and stakeholders from across Europe, the book sheds light on one of labour law's most fundamental objectives – to provide for adequate minimum wages. It is an invaluable resource for researchers, policy makers, trade unionists and employers' representatives.
Author: Ana E. Bastida
Publisher:
ISBN:
Category :
Languages : en
Pages :
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Book Description
Author: ter Haar, Beryl
Publisher: Edward Elgar Publishing
ISBN: 1788116399
Category : Law
Languages : en
Pages : 488
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Book Description
This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.
