European Labour Law And The Eu Charter Of Fundamental Rights

Author : Brian Bercusson
Publisher : Nomos Verlagsgesellschaft
Page : 0 pages
File Size : 51,8 Mb
Release : 2006
Category : Charter of Fundamental Rights of the European Union
ISBN : 3832921087

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European Labour Law and the EU Charter of Fundamental Rights by Brian Bercusson Pdf

What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.

Author : Filip Dorssemont,Klaus Lörcher,Stefan Clauwaert,Mélanie Schmitt
Publisher : Bloomsbury Publishing
Page : 712 pages
File Size : 42,5 Mb
Release : 2019-04-04
Category : Law
ISBN : 9781509922673

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The Charter of Fundamental Rights of the European Union and the Employment Relation by Filip Dorssemont,Klaus Lörcher,Stefan Clauwaert,Mélanie Schmitt Pdf

The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

Author : Brian Bercusson
Publisher : Unknown
Page : 103 pages
File Size : 48,7 Mb
Release : 2002
Category : Labor laws and legislation
ISBN : 2930352094

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European Labour Law and the EU Charter of Fundamental Rights by Brian Bercusson Pdf

Author : Alan Bogg,Cathryn Costello,A.C.L. Davies
Publisher : Edward Elgar Publishing
Page : 592 pages
File Size : 45,9 Mb
Release : 2016-12-30
Category : Law
ISBN : 9781783471126

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Research Handbook on EU Labour Law by Alan Bogg,Cathryn Costello,A.C.L. Davies Pdf

Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

Author : Tamara Hervey,Jeff Kenner
Publisher : Hart Publishing
Page : 374 pages
File Size : 55,6 Mb
Release : 2003-09
Category : Law
ISBN : 9781841130958

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Economic and Social Rights Under the EU Charter of Fundamental Rights by Tamara Hervey,Jeff Kenner Pdf

This book considers the protection of individual and collective social and economic interests within and between the EU and its Member States.

Author : Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward
Publisher : Bloomsbury Publishing
Page : 1865 pages
File Size : 43,8 Mb
Release : 2014-12-01
Category : Law
ISBN : 9781849467476

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The EU Charter of Fundamental Rights by Steve Peers,Tamara Hervey,Jeff Kenner,Angela Ward Pdf

The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU's courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties. This Commentary on the Charter, the first 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. Six cross-cutting introductory chapters explain the Charter's institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanisms, extraterritorial scope, and the all-important 'Explanations'.

Author : Giacomo Di Federico
Publisher : Springer Science & Business Media
Page : 320 pages
File Size : 53,5 Mb
Release : 2010-12-02
Category : Law
ISBN : 9789400701564

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The EU Charter of Fundamental Rights by Giacomo Di Federico Pdf

The first part of the book reviews the multi-level system of protection currently operating in Europe and its constitutional implications. The Charter is analysed from a legal, political and practical standpoint. The activity of the European Parliament as a fundamental rights actor will also be examined, as well as the right to a fair trial and to effective judicial protection before and by the EU Courts. The second part of the volume addresses the impact of a binding Charter on specific areas of EU Law. The order in which the contributions have been set out reflects the structure of the Treaty on the functioning of the European Union: free circulation of persons; the internal market; the area of freedom security and justice (civil and criminal aspects); social rights protection; environmental policy; enlargement; international trade and the Common Foreign and Security Policy.

Author : Stefano Giubboni
Publisher : Cambridge University Press
Page : 266 pages
File Size : 40,6 Mb
Release : 2006-01-12
Category : Law
ISBN : 9781139447782

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Social Rights and Market Freedom in the European Constitution by Stefano Giubboni Pdf

This is an account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and of the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

Author : Gráinne De Búrca,Bruno de Witte,Larissa Ogertschnig
Publisher : Oxford University Press, USA
Page : 448 pages
File Size : 52,8 Mb
Release : 2005
Category : Law
ISBN : UOM:39015062863355

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Social Rights in Europe by Gráinne De Búrca,Bruno de Witte,Larissa Ogertschnig Pdf

The book is concerned with the legal framework for protecting and promoting social rights in Europe. Its chapters examine procedural and substantive aspects of the Council of Europe's European Social Charter and the European Union's Charter of Fundamental Rights, as well as the EU's so-called "acquis" in the area of social rights. They look at a range of issues, including the strengths and weaknesses of the two systems in terms of promoting and protecting social rights by examining the legal and political enforcement mechanisms as well as at some of the important substantive rights contained within each.

Author : Christina Hießl
Publisher : Linde Verlag GmbH
Page : 182 pages
File Size : 44,8 Mb
Release : 2021-01-07
Category : Law
ISBN : 9783709411391

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Basics on European Social Law by Christina Hießl Pdf

European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.

Author : Brian Bercusson
Publisher : Cambridge University Press
Page : 765 pages
File Size : 54,9 Mb
Release : 2009-07-09
Category : Law
ISBN : 9781139479943

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European Labour Law by Brian Bercusson Pdf

European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.

Author : Alan C. Neal
Publisher : Kluwer Law International B.V.
Page : 193 pages
File Size : 51,7 Mb
Release : 2004-01-01
Category : Law
ISBN : 9789041123121

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The Changing Face of European Labour Law and Social Policy by Alan C. Neal Pdf

In the realm of European employment law, tension exists between the concepts of 'economic policy' and 'social policy.' During recent years, a growing tendency to emphasize the 'economic' at the expense of the 'social' can be discerned. What this trend gives us'in the views of the leading figures in the field of European labour law and social policy whose considered analyses are presented in this volume'is a regime of 'grand declarations' about workers' rights, but with extremely limited enforcement potential. ,i>The Changing Face of European Labour Law and Social Policy presents some of the papers given at a series of colloquia sponsored by the Employment Law Research Unit at the University of Warwick in early 2002. In its assessment of the forces at work in European employment law today, these commentaries examine significant initiatives and issues, including:problems arising in the context of the Nice Charter;delivering 'equality' at the workplace under the new EU legal framework;the crisis facing workers' participation in practice;the prospects for trans-national collective bargaining;employment-related aspects of human rights under the ECHR; and,attempts to establish effective protections in relation to the working environment. Invaluable appendices include a report, as presented by the late Marco Biagi, of a high level group on reform of the European labour market; the text of the Social Policy Agenda, as approved at the Nice Summit of 2000; and the Commission's 'scoreboard' on the implementation of the Social Agenda as of 2002.With its down-to-earth analysis of the current status of the 'floor of rights' in the European work environment, The Changing Face of European Labour Law and Social Policy will be of inestimable value to all practitioners and scholars seeking to improve the quality of life for Europe's working population and the quality of regulation at the disposal of those charged with confronting the new challenges to social policy resulting from the radical transformation of Europe's economy and society.

Author : Stefan Clauwaert
Publisher : Unknown
Page : 348 pages
File Size : 49,7 Mb
Release : 2003
Category : Civil rights
ISBN : STANFORD:36105115199304

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Fundamental Social Rights in the European Union by Stefan Clauwaert Pdf

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

Author : Cathryn Costello
Publisher : Unknown
Page : 230 pages
File Size : 47,8 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105063274182

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Fundamental Social Rights by Cathryn Costello Pdf

Author : Filip Dorssemont,Klaus Lörcher,Isabelle Schömann
Publisher : A&C Black
Page : 493 pages
File Size : 44,9 Mb
Release : 2014-07-18
Category : Law
ISBN : 9781782252115

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The European Convention on Human Rights and the Employment Relation by Filip Dorssemont,Klaus Lörcher,Isabelle Schömann Pdf

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.