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Author : Uglješa Grušić
Publisher : Unknown
Page : 0 pages
File Size : 43,7 Mb
Release : 2015
Category : Electronic
ISBN : OCLC:913327378
Author : Andrzej Świątkowski
Publisher : Unknown
Page : 0 pages
File Size : 45,6 Mb
Release : 2012
Category : Conflict of laws
ISBN : 8323331723
The European Union as an area of freedom, security, and justice has created a community which adheres to unified laws. In matters regulated by labour law (individual and collective) as well as social security law, the above aim may be met by introducing unified regulations, allowing for identical ways of resolving conflicts of labour law that arise in work relations where there is a cross national element present. In order to ensure legal stability within work relations, national regulations concerning international private labour law had to be replaced by unified conflicts of law norms. These norms are to be applied by both employees and employers of EU member states as well as applied in work relations situations where third parties are involved. EU private international law is a collection of international private labour law regulations issued by EU institutions, which unanimously and in a unifying fashion describe the legal situations of the parties to a work relationship, where there is a foreign element present, allowing for the application of foreign laws based on citizenship, residency, where the headquarters of one of the parties is located, where the work is carried out or where the action has taken place.
Author : María Campo Comba
Publisher : Springer Nature
Page : 380 pages
File Size : 44,8 Mb
Release : 2020-12-07
Category : Law
ISBN : 9783030614812
This book provides answers to the following questions: how do traditional principles of private international law relate to the requirements of the internal market for the realisation of the EU’s objectives regarding the protection of weaker parties such as consumers and employees? When and how should private international law ensure the applicability of EU directives concerning the protection of weaker parties? Are the EU’s current private international law, rules on conflict of laws, and private international law approach sufficient to ensure the realisation of its objectives regarding weaker contracting parties, or is a different approach to private international law called for? The book concludes with several proposed amendments, mainly regarding the Rome I Regulation on the law applicable to contractual obligations, as well as suggestions on the EU’s current approach to private international law. This book is primarily intended for an academic audience and to help achieve better regulation in the future. It also seeks to dispel certain lingering doubts regarding the current practice of EU private international law.
Author : Ulla Liukkunen
Publisher : Edward Elgar Publishing
Page : 912 pages
File Size : 54,9 Mb
Release : 2020-12-28
Category : Electronic
ISBN : 1786432269
This invaluable collection gathers together a unique set of articles that focus on employment law and labour protection issues that are central to understanding the complex development of private international law and its broadening challenges. The articles reflect their time, but also discuss timeless questions that raise specific features and fundamental issues of this ever-changing subject area. Together with an original introduction by the editor, the collection draws attention to the broader regulatory framework and significant challenges to traditional approaches under way. This collection will be of great interest to both labour law and private international law scholars and practitioners who deal with cross-border work.
Author : Louise Merrett
Publisher : OUP Oxford
Page : 0 pages
File Size : 55,8 Mb
Release : 2011-11-24
Category : Law
ISBN : 0199591040
Addressing both the common law rules on jurisdiction, and special rules on employment within the European regimes for jurisdiction and choice of law, this book provides essential information for the application of relevant rules in both employment law and private international law, and explains the context in which they operate.
Author : Saskia Susanna Margaretha Peters
Publisher : Unknown
Page : 0 pages
File Size : 52,6 Mb
Release : 2016
Category : Collective labor agreements
ISBN : 9462366551
This publication brings together the most important European and international regulation in the area of labour law. It includes regulations from, among others, the European Union, the Council of Europe and the International Labour Organisation. The selected regulations are decisive to some extent for the content of the EU member states' national labour law or contain rules on the conflict of laws and jurisdiction law (private international law). Because of the growing international influences on national individual and collective labour law, it is hardly possible to be acquainted with the labour law of the different European countries without some knowledge of European (labour) law. In addition, an increasing number of employees are working 'across the border', for example in the context of secondment (posting of workers), which raises questions about the law that applies to their employment contract. This law book is therefore useful not only for the lawyer who is primarily engaged in European labour law, but also for the lawyer who is engaged in 'national' labour law practice. This publication is also intended for university education and higher professional education. The selection is preceded by an introduction. This introduction provides a brief overview of the different sources of European labour law, outlines the main points of European Union law and briefly describes the eleven sections which comprise the volume. [Subject: European Law, Labor Law]
Author : MICHAEL. WILDERSPIN
Publisher : Unknown
Page : 0 pages
File Size : 52,8 Mb
Release : 2023
Category : Electronic
ISBN : 0414117549
Author : Geert van Calster
Publisher : Bloomsbury Publishing
Page : 531 pages
File Size : 52,6 Mb
Release : 2021-01-14
Category : Law
ISBN : 9781509942084
This classic textbook provides a thorough overview of European private international law. It is essential reading for private international law students who need to study the European perspective in order to fully get to grips the subject. Opening with foundational questions, it clearly explains the subject's central tenets: the Brussels I, Rome I and Rome II Regulations (jurisdiction, applicable law for contracts and tort). Additional chapters explore the Succession Regulation, private international law and insolvency, freedom of establishment, and the impact of PIL on corporate social responsibility. The new edition includes a new chapter on the Hague instruments and an opening discussion on the impact of Brexit. Drawing on the author's rich experience, the new edition retains the book's hallmarks of insight and clarity of expression ensuring it maintains its position as the leading textbook in the field.
Author : Karl Riesenhuber
Publisher : Unknown
Page : 0 pages
File Size : 41,8 Mb
Release : 2012
Category : Employee rights
ISBN : 1780680805
European employment law is becoming increasingly important. Its impact upon domestic law of the Member States is growing in fields such as fixed-term employment contracts, collective redundancies, and industrial action. This book therefore covers the complete scope of European employment law: its foundations in EU primary law and its various sources in EU secondary legislation, as well as the growing body of case law of the European Court of Justice. The book begins by providing an overview of the relevant fundamental rights, fundamental freedoms, and competences of the EU in the field of employment law. A systematic presentation of the conflict of law rules then follows: the Rome I and Rome II Regulations, the Posting of Workers Directive, and the Brussels Regulation on the recognition and enforcement of judgments. Subsequently, the book focuses upon individual labor law which, at the EU level, is principally composed of: rules on non-discrimination, the protection of safety and health, and working time; rules on atypical forms of employment (part-time, fixed-term, and temporary agency work) and special groups of employees (mothers, parents, and young people); as well as legislation concerning employment protection in situations of collective redundancy, business transfer, and insolvency. This is followed by a discussion of collective labor law issues. Particular attention is given to the European Works Council and the rules on employee involvement in the European Company, the European Cooperative Society, and the European Private Company, as well as employment law rules contained in the Directive on cross-border mergers. (Series: Ius Communitatis - Vol. 4)
Author : Uglješa Grušić
Publisher : Cambridge University Press
Page : 383 pages
File Size : 41,9 Mb
Release : 2015-05-28
Category : Law
ISBN : 9781107082946
Uglješa Grušić examines the legal regulation of transnational employment relationships in the private international law of the European Union.
Author : Peter Stone,Youseph Farah
Publisher : Unknown
Page : 424 pages
File Size : 55,7 Mb
Release : 2017-05-26
Category : Electronic
ISBN : 1788111222
The harmonisation of private international law in Europe has advanced rapidly since the entry into force of the Treaty of Amsterdam. Most aspects of private international law are now governed or at least affected by EU legislation, and there is a substantial and growing body of case-law from the European Court as well as the courts of the Member States. This timely Handbook addresses key questions and problems that currently exist in the rules of private international law laid down by European Union regulations. Bringing together perspectives from both civil law and common law traditions, the book mainly considers issues relating to the Brussels I Regulation on civil jurisdiction and judgments, and to the Rome I and II Regulations on choice of law in respect of contractual or non-contractual obligations. Weaknesses in the current law are identified, and suggestions are made for possible improvements. The expert contributors focus on currently relevant problems including some issues which have tended to be neglected.Academics, law students and public officials interested in private international law will find this Handbook to be a valuable resource. Both practising lawyers and commercial lobbyists will also find many useful insights.
Author : Olaf Deinert
Publisher : Unknown
Page : 1500 pages
File Size : 40,9 Mb
Release : 2017-05
Category : Electronic
ISBN : 3406706908
Author : Reiner Schulze,Hans Schulte-Nölke
Publisher : Walter de Gruyter
Page : 289 pages
File Size : 43,8 Mb
Release : 2011-03-30
Category : Law
ISBN : 9783866539334
Business law and labour law are driving forces and core areas of European private law. New concepts and approaches are thus required that are not limited to civil law and that are different from those traditionally embraced by national private law. These new challenges regarding the current status and perspectives of European private law are discussed in this volume by sixteen highly reputed researchers from across Europe. The contributions concern various areas of European private law, including contract, property, company, competition and labour law. This book will be an invaluable source for all those working on European law and private law within Europe.
Author : Laura Carballo Piñeiro
Publisher : Springer
Page : 326 pages
File Size : 51,7 Mb
Release : 2015-05-25
Category : Law
ISBN : 9783662470329
This book focuses on maritime employment from a private international law perspective. The first chapter analyzes the background against which international jurisdiction and conflict of laws rules are drawn up and examines uniform law in this context, in particular the 2006 Maritime Labour Convention and the 2007 ILO Convention No. 188 on Work in Fishing. The second chapter addresses international jurisdiction issues as regards individual employment contracts, while also exploring other issues (e.g. insolvency-related and social security matters) that are subsequently revisited in the third chapter while discussing conflict of laws issues related to said contracts. In turn, chapter four focuses on collective labour relations and private international law, i.e. collective agreements, strikes and other forms of collective action and information, and on the participation rights of employees in business matters.
Author : Mark Freedland FBA,Nicola Kountouris
Publisher : OUP Oxford
Page : 504 pages
File Size : 55,9 Mb
Release : 2011-12-15
Category : Law
ISBN : 9780191630019
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.
