The European Private International Law of Employment

The European Private International Law of Employment PDF Author: Uglješa Grušić
Publisher: Cambridge University Press
ISBN: 1316299945
Category : Law
Languages : en
Pages : 383

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Book Description
The European Private International Law of Employment provides a descriptive and normative account of the European rules of jurisdiction and choice of law which frame international employment litigation in the courts of EU Member States. The author outlines the relevant rules of the Brussels I Regulation Recast, the Rome Regulations, the Posted Workers Directive and the draft of the Posting of Workers Enforcement Directive, and assesses those rules in light of the objective of protection of employees. By using the UK as a case study, he also highlights the impact of the 'Europeanisation' of private international law on traditional perceptions and rules in this field of law in individual Member States. For example, the author demonstrates that the private international law of the EU is fundamentally reshaping English conflict of laws by almost completely merging the traditionally perceived contractual, statutory and tortious claims into one claim for choice-of-law purposes.

The European Private International Law of Employment

The European Private International Law of Employment PDF Author: Uglješa Grušić
Publisher: Cambridge University Press
ISBN: 1316299945
Category : Law
Languages : en
Pages : 383

Get Book Here

Book Description
The European Private International Law of Employment provides a descriptive and normative account of the European rules of jurisdiction and choice of law which frame international employment litigation in the courts of EU Member States. The author outlines the relevant rules of the Brussels I Regulation Recast, the Rome Regulations, the Posted Workers Directive and the draft of the Posting of Workers Enforcement Directive, and assesses those rules in light of the objective of protection of employees. By using the UK as a case study, he also highlights the impact of the 'Europeanisation' of private international law on traditional perceptions and rules in this field of law in individual Member States. For example, the author demonstrates that the private international law of the EU is fundamentally reshaping English conflict of laws by almost completely merging the traditionally perceived contractual, statutory and tortious claims into one claim for choice-of-law purposes.

Before and After the Economic Crisis

Before and After the Economic Crisis PDF Author: M. -A. Moreau
Publisher: Edward Elgar Publishing
ISBN: 184980995X
Category : Business & Economics
Languages : en
Pages : 334

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Book Description
This timely book casts new light on the key issues arising from the contentious debate around the future of the European Social Model. Marie-Ange Moreau brings together leading experts to provide a thorough and well-informed response to the recent developments in European social and labour law and policy, in the light of institutional changes. The contributing authors provide unique insights as they evaluate the impact of the enlargement processes, the implications of the Lisbon Treaty, the integration of the Charter into EU law and, crucially, the evaluation of the European evolutions in the context of the economic crisis. Before and After the Economic Crisis will appeal to academics, researchers and graduate students working on European labour law, industry relations, social policy and gender issues and related topics in economics and political sciences.

The Economic and Financial Crisis and Collective Labour Law in Europe

The Economic and Financial Crisis and Collective Labour Law in Europe PDF Author: Niklas Bruun
Publisher: Bloomsbury Publishing
ISBN: 1782254455
Category : Law
Languages : en
Pages : 521

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Book Description
The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.

Droit social 2009/2010

Droit social 2009/2010 PDF Author: Gilles Lhuilier
Publisher:
ISBN: 9782091609867
Category :
Languages : fr
Pages : 391

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Book Description
Cet ouvrage conforme au Nouveau Programme a pour objectif de vous préparer efficacement à l'épreuve n° 3. Entièrement mis à jour, il intègre les récentes évolutions de la législation : la réforme du code du travail entrée en vigueur le 1er mai 2008 ; la loi du 25 juin 2008 portant modernisation du marché du travail ; la loi du let août 2008 relative aux droits et devoirs du demandeur d'emploi ; la loi du 20 août 2008 portant rénovation de la démocratie sociale et réforme du temps de travail. Également disponibles : les corrigés des applications et la méthodologie adaptée réunis dans l'ouvrage d'accompagnement du manuel intitulé " Corrigés des applications ".

Regulating the Risk of Unemployment

Regulating the Risk of Unemployment PDF Author: Jochen Clasen
Publisher: Oxford University Press
ISBN: 0199676933
Category : Business & Economics
Languages : en
Pages : 427

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Book Description
Regulating the Risk of Unemployment offers a systematic comparative analysis of reforms to unemployment protection systems in European countries since the early 1990s. The volume sheds new light on important changes in a core field of welfare state activity.

2022

2022 PDF Author: Ernst Karner
Publisher: Walter de Gruyter GmbH & Co KG
ISBN: 3111241688
Category : Law
Languages : en
Pages : 814

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Book Description


The Legal Construction of Personal Work Relations

The Legal Construction of Personal Work Relations PDF Author: Mark Robert Freedland
Publisher: Oxford University Press
ISBN: 0199551758
Category : Law
Languages : en
Pages : 501

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Book Description
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.

Activation or Workfare? Governance and the Neo-Liberal Convergence

Activation or Workfare? Governance and the Neo-Liberal Convergence PDF Author: Ivar Lodemel
Publisher: Oxford University Press
ISBN: 0199773629
Category : Social Science
Languages : en
Pages : 385

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Book Description
The last decade of the 20th century was marked by a shift in how welfare-states deal with those at the bottom of the income ladder. This shift involved the introduction/strengthening of work-obligations as a condition for receiving minimum income benefits - which, in some countries, was complemented by efforts to help recipients return to the labour market, namely through the investment in active labour market policies (ALMP). Based on case-studies of developments in the US and eight European nations (UK, Norway, Denmark, Netherlands, Germany, France, Portugal and the Czech Republic), this book argues that this first set of reforms was followed by a second wave of reforms that, whilst deepening the path towards the focus on work, brings important innovations- be it the tools used to help recipients back to the labour markets (ex., financial incentives) and in how activation policies are delivered (ex., integration of benefit and employment services). Looking at the array of developments introduced during this period, we discern two key trends. The first concerns the strengthening of the role of the market in the governance of activation, which is visible in the strengthening of the focus on work, or the marketisation of employment services. The second, concerns a move towards the individualisation of service delivery, visible in the expansion of the use of personal action plans or in efforts to streamline service delivery. Finally, we show that the onset of the sovereign debt crisis in Europe, has triggered a new wave of reforms. Whilst tentative only, our analysis points to a worrying trend of the curtailment or benefits (Portugal) and activation services (Netherlands, Czech Republic) to minimum income recipients and, in parallel, a further deepening of the focus on work-conditionality (UK and Norway).

The European Unfair Commercial Practices Directive

The European Unfair Commercial Practices Directive PDF Author: Willem van Boom
Publisher: Routledge
ISBN: 1317033159
Category : Law
Languages : en
Pages : 302

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Book Description
One of the most important EU consumer protection directives of the past decade, the 2005 Unfair Commercial Practices Directive, or UCPD, is brought under examination in this stimulating volume. Bringing together leading experts in the comparative law and consumer law domain, the book discusses the impact of the Directive and whether the many possible issues identified at its inception have been borne out in practice. Divided into four parts of 'Implementation, Approximation and Harmonization', 'Vulnerability', 'The UCP Directive and Other Regimes', and finally 'Enforcement', the volume examines the various policy developments, the growing body of case law, the decisions of relevant national enforcement authorities, as well as the legislative debates which have surrounded the implementation of the UCPD in Member States. This book provides a valuable assessment of the impact of a major EU directive almost ten years after its adoption, and as such will be of interest to academics, legal practitioners and the judiciary working in the areas of European and Consumer law.

Rights and Courts in Pursuit of Social Change

Rights and Courts in Pursuit of Social Change PDF Author: Dia Anagnostou
Publisher: Bloomsbury Publishing
ISBN: 1782251871
Category : Law
Languages : en
Pages : 320

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Book Description
Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?