Exercising Voice Across Borders: Workers' Rights Under the EU Cross-border Mergers Directive

Exercising Voice Across Borders: Workers' Rights Under the EU Cross-border Mergers Directive PDF Author: Jan Cremers
Publisher:
ISBN: 9782874525131
Category :
Languages : en
Pages :

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Exercising Voice Across Borders: Workers' Rights Under the EU Cross-border Mergers Directive

Exercising Voice Across Borders: Workers' Rights Under the EU Cross-border Mergers Directive PDF Author: Jan Cremers
Publisher:
ISBN: 9782874525131
Category :
Languages : en
Pages :

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The Sustainable Company

The Sustainable Company PDF Author: Sigurt Vitols and Norbert Kluge
Publisher: ETUI
ISBN: 2874522198
Category : Corporate governance
Languages : en
Pages : 266

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Book Description
For the past two decades corporate governance reform in Europe has been guided by the ‘shareholder value’ model of the firm. That model has been discredited as one of the major causes of the financial and economic crisis. In a new book published by the ETUI an alternative approach to corporate governance is presented by members of the GOODCORP network of researchers and trade unionists. This new approach, entitled the Sustainable Company, draws on both traditional ‘stakeholder’ models of the firm and newer concerns with sustainability. The main elements of the Sustainable Company and the institutions needed to support it are presented. Key themes in the book are the need for worker ‘voice’ in corporate governance and for a binding legislative framework to promote sustainability. Individual chapters deal with the issues of worker involvement, employee shareholding, sustainability-oriented remuneration, international framework agreements, NGO-trade union relationships, reforming financial regulation and carbon taxes and emissions-trading schemes.

Organizing Matters

Organizing Matters PDF Author: Guy Mundlak
Publisher: Edward Elgar Publishing
ISBN: 1839104031
Category : Political Science
Languages : en
Pages : 345

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Book Description
Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.

Violence at Work

Violence at Work PDF Author: Duncan Chappell
Publisher: International Labour Organization
ISBN: 9789221179481
Category : Business & Economics
Languages : en
Pages : 390

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Book Description
Violence at work, ranging from bullying and mobbing, to threats by psychologically unstable co-workers, sexual harassment and homicide, is increasing worldwide and has reached epidemic levels in some countries. This updated and revised edition looks at the full range of aggressive acts, offers new information on their occurrence and identifies occupations and situations at particular risk. It is organised in three sections: understanding violence at work; responding to violence at work; future action.

The European Union in the 21st Century

The European Union in the 21st Century PDF Author: Stefano Micossi
Publisher:
ISBN: 9789290799290
Category : Political Science
Languages : en
Pages : 0

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Book Description
The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.

Shortcomings in the EU Merger Directive

Shortcomings in the EU Merger Directive PDF Author: Frederik Boulogne
Publisher: Kluwer Law International B.V.
ISBN: 9041167145
Category : Law
Languages : en
Pages : 434

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Book Description
The European Union (EU) Merger Directive removes certain tax disadvantages encountered by companies and their shareholders in the course of a restructuring operation. However, in spite of amendments and European Court of Justice's (ECJ) interpretations of its provisions, various shortcomings remain. This thoroughgoing analysis, broader and deeper than any prior work on the subject, addresses all the Directive's subtopics methodically, following the paragraphs of Articles 1-15 in their logical succession. The author analyses the points in which the Merger Directive falls short of attaining its stated objective, and he also examines how these shortcomings could be scaled. To do so, he tests the Merger Directive against its own objective, primary EU law (the fundamental freedoms and the unwritten general principles of EU law) and non-discrimination provisions in relevant treaties. Each of the following questions is addressed and responded to in depth: – Which entities have access to the Merger Directive and which entities should have access to it? – Which operations are covered by the Merger Directive and which operations should be covered? – Which tax disadvantages to cross-border restructuring operations does the Merger Directive aim to remove, which tax disadvantages have been actually removed, which tax disadvantages remain, and how should the Merger Directive be amended to remove the remaining tax disadvantages? – How tax avoidance should be combated under Article 15(1)(a) of the Merger Directive, which possible types of tax avoidance can be identi¬fied, and how the Merger Directive should be amended? – Which cases of double taxation does a taxpayer engaging in cross-border restructuring operations potentially encounter, and how they can be taken away by the Merger Directive? The key shortcomings that are identifi¬ed are: the Merger Directive’s objective is not stated precisely; minimum harmonisation does not lead to a common tax system; exhaustive lists are used as legislative technique; the Merger Directive does not add much to the outcomes reached through negative harmonisation; and the de¬finitions of qualifying operations are not fully aligned with corporate law. Chapter 6 contains a deeply informed and viable proposal for the amendment of the Merger Directive. This is the fi¬rst treatment not only to evaluate the Directive's effi¬cacy in detail but also to offer real solutions to its shortcomings. It will be welcomed by policymakers, judges, practitioners and academics, and the recommendations it contains are sure to affect ongoing amendments and jurisprudence on the Merger Directive.

Globalization and Its Discontents

Globalization and Its Discontents PDF Author: Joseph E. Stiglitz
Publisher: W. W. Norton & Company
ISBN: 0393071073
Category : Business & Economics
Languages : en
Pages : 304

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Book Description
This powerful, unsettling book gives us a rare glimpse behind the closed doors of global financial institutions by the winner of the 2001 Nobel Prize in Economics. When it was first published, this national bestseller quickly became a touchstone in the globalization debate. Renowned economist and Nobel Prize winner Joseph E. Stiglitz had a ringside seat for most of the major economic events of the last decade, including stints as chairman of the Council of Economic Advisers and chief economist at the World Bank. Particularly concerned with the plight of the developing nations, he became increasingly disillusioned as he saw the International Monetary Fund and other major institutions put the interests of Wall Street and the financial community ahead of the poorer nations. Those seeking to understand why globalization has engendered the hostility of protesters in Seattle and Genoa will find the reasons here. While this book includes no simple formula on how to make globalization work, Stiglitz provides a reform agenda that will provoke debate for years to come. Rarely do we get such an insider's analysis of the major institutions of globalization as in this penetrating book. With a new foreword for this paperback edition.

Freedom of Establishment and Private International Law for Corporations

Freedom of Establishment and Private International Law for Corporations PDF Author: Paschalis Paschalidis
Publisher: OUP Oxford
ISBN: 0191638137
Category : Law
Languages : en
Pages : 334

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Book Description
Freedom of establishment is one of the four fundamental freedoms of the European Union. The principle is that natural persons who are European Union Citizens, and legal entities formed in accordance with the law of a Member State and having its registered office, central administration or principal place of business within the EU, may take up economic activity in any Member State in a stable and continuous form regardless of nationality or mode of incorporation. This book examines the way in which EU law has influenced how national courts in Europe assert jurisdiction in cross-border corporate disputes and insolvencies, and the mechanism which allows them to decide which national law should apply to the substance of the dispute. The book also considers the potential for EU Member States to compete for devising national corporate and insolvency legislation that will attract incorporations or insolvencies. Central to the book is the concept of national choice of law. In considering the impact of freedom of establishment on private international law for corporations, the book uniquely analyses both corporate and insolvency law together, presenting the topic in the broadest possible sense. Importantly, the doctrine of abuse in corporate and insolvency law is covered, raising the question of 'forum shopping' and regulatory competition which underpins the intersection between freedom of establishment and private international law. Through examination of the most recent and leading judgments of the European Court of Justice in Centros and Cadbury Schweppes, the book derives certain conclusions as to the operation of the doctrine of abuse and the limits thereof in the context of freedom of establishment. Being the first in the field to examine the leading ECJ cases of Inspire Art, Sevic and Cartesio regarding the real seat doctrine, the book makes the judgment that there is no incompatibility as such between the doctrine and the freedom of establishment. Ultimately, the book analyses to what extent diversity in the corporate and insolvency laws of the Member States should be preserved, so as to encourage competition between jurisdictions in Europe.

Fundamental Social Rights in the European Union

Fundamental Social Rights in the European Union PDF Author: Stefan Clauwaert
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 348

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Book Description
Presents extracts from the the Constitutions of the EU member states and candidate countries.

Nordic Labour Market Models in Open Markets

Nordic Labour Market Models in Open Markets PDF Author: Jon Erik Dølvik
Publisher:
ISBN: 9782874523250
Category :
Languages : en
Pages : 103

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Book Description