The Role Of Courts In Developing A European Social Model

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The Role of Courts in Developing a European Social Model

Ulla Boegh Neergaard
The Role of Courts in Developing a European Social Model Book PDF

Author : Ulla Boegh Neergaard
Publisher : Djoef Publishing
Page : 364 pages
File Size : 40,9 Mb
Release : 2010
Category : Law
ISBN : STANFORD:36105134508477

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The Role of Courts in Developing a European Social Model by Ulla Boegh Neergaard Pdf

This book brings together essays by leading legal scholars from a number of European countries. These essays are based on papers presented at a research conference held at the Copenhagen Business School, on September 18, 2009. The contributors are all lawyers, but have their main professional activity within different legal disciplines. They represent different legal cultures and styles, partly related to different geographical backgrounds, and the diversity is represented in their contributions. The book is concerned with trends in the development of a European social model and the theoretical and methodological implications thereof, with the essays focusing on the role of the courts at both national and supra-national level. Each essay addresses different dimensions of the general theme.

European Economic and Social Constitutionalism after the Treaty of Lisbon

Dagmar Schiek,Ulrike Liebert,Hildegard Schneider
European Economic and Social Constitutionalism after the Treaty of Lisbon Book PDF

Author : Dagmar Schiek,Ulrike Liebert,Hildegard Schneider
Publisher : Cambridge University Press
Page : 353 pages
File Size : 43,8 Mb
Release : 2011-07-21
Category : Law
ISBN : 9781139499347

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European Economic and Social Constitutionalism after the Treaty of Lisbon by Dagmar Schiek,Ulrike Liebert,Hildegard Schneider Pdf

European studies frequently regard the economic and social dimensions of EU integration as diametrically opposed, maintaining that this state of affairs is beyond change. This edited collection challenges this perceived wisdom, focusing on the post-Lisbon constitutional landscape. Taking the multi-layered polity that is Europe today as its central organising theme, it examines how the social and the economic might be reconciled under the Union's different forms of governance. The collection has a clear structure, opening with a theoretical appraisal of its theme, before considering three specific policy fields: migration policy and civic integration, company law and corporate social responsibility and the role of third sector providers in public healthcare. It concludes with three case studies in these fields, illustrating how the argument can be practically applied. Insightful and topical, with a unique interdisciplinary perspective, this is an important contribution to European Union law after the Lisbon Treaty.

The Many Concepts of Social Justice in European Private Law

H. W. Micklitz
The Many Concepts of Social Justice in European Private Law Book PDF

Author : H. W. Micklitz
Publisher : Edward Elgar Publishing
Page : 489 pages
File Size : 53,9 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780857935892

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The Many Concepts of Social Justice in European Private Law by H. W. Micklitz Pdf

'Does European regulatory private law offer a genuine model of justice for society? Beyond its initial libertarian focus on economic integration through the market citizen, might it now serve the social inclusion of the vulnerable? In the wake of Hans Micklitz's inspired and relentless pursuit of meaning within the ongoing constitutionalization of private law relationships, this rich collection explores the implications of new, specifically European, forms of access rights, which ensure (horizontally and vertically) enforceable and non-discriminatory opportunity for market participation.' Horatia Muir Watt, Columbia Law School, US This insightful book, with contributions from leading international scholars, examines the European model of social justice in private law that has developed over the 20th century. The first set of articles is devoted to the relationship between corrective, commutative, procedural and social justice, more particularly the role and function of commutative justice in contrast to social justice. The second section brings together scholars who discuss the relationship between constitutional order, the values enshrined in the constitutional order and the impact of constitutional values on private law relations. The third section focuses on the impact of socio-economic developments within the EU and within selected Member States on the proprietary order of the EU, on the role and function of the emerging welfare state and the judiciary, as well as on nation state specific patterns of social justice. The final section tests the hypothesis to what extent patterns of social justice are context related and differ in between labour, consumer and competition law. The Many Concepts of Social Justice in European Private Law will prove to be of great interest to academics of law, as well as to private lawyers and European policymakers.

Labour Law, Fundamental Rights and Social Europe

Mia Rönnmar
Labour Law Fundamental Rights and Social Europe Book PDF

Author : Mia Rönnmar
Publisher : Bloomsbury Publishing
Page : 310 pages
File Size : 47,8 Mb
Release : 2011-09-06
Category : Law
ISBN : 9781847318374

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Labour Law, Fundamental Rights and Social Europe by Mia Rönnmar Pdf

This volume, comprising three parts and ten chapters, all of them peer-reviewed essays, arises from the work of the Swedish Network for European Legal Studies. Its focus is on labour and social security law. The chapters, written by distinguished legal researchers associated with Swedish universities, provide insight into a range of topical and important developments, seeking new and interesting perspectives. Sweden has been a member of the European Union since 1995, and EU law and European law perspectives have been well integrated into Swedish labour law and social security law research. Within the European Social Model and the European Welfare State, Sweden (and to some degree the other Nordic countries as well) can be said to represent a specific system, as regards both labour law and industrial relations and social security law. In terms of influential comparative typologies or models (naturally 'flawed' by a certain element of vagueness and simplification, but also very helpful in analytical and pedagogical respects), Sweden has been described as a representative of, inter alia, a Nordic legal family, a Nordic labour law model, a social-collectivist industrial relations system, a consensual industrial relations system, a social-democratic welfare state regime, a Scandinavian social security law system (a 'sub-group' of the Beveridge system), and a coordinated market economy. But since 1995 EU law and European law perspectives have been extensively integrated into existing Swedish labour and social security law, and the chapters in this book go a long way in illustrating the far-reaching and multifaceted ways in which Swedish law has been 'Europeanised'.

New Labour Laws in Old Member States

Rebecca Zahn
New Labour Laws in Old Member States Book PDF

Author : Rebecca Zahn
Publisher : Cambridge University Press
Page : 377 pages
File Size : 54,7 Mb
Release : 2017-05-11
Category : Law
ISBN : 9781107037335

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New Labour Laws in Old Member States by Rebecca Zahn Pdf

This book compares the ways in which trade unions in five EU member states have responded to increased migration.

Posting of Workers in EU Law

Matteo Bottero
Posting of Workers in EU Law Book PDF

Author : Matteo Bottero
Publisher : Kluwer Law International B.V.
Page : 547 pages
File Size : 49,7 Mb
Release : 2020-12-11
Category : Law
ISBN : 9789403528649

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Posting of Workers in EU Law by Matteo Bottero Pdf

Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

Social Services of General Interest in the EU

Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski
Social Services of General Interest in the EU Book PDF

Author : Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski
Publisher : Springer Science & Business Media
Page : 626 pages
File Size : 55,5 Mb
Release : 2012-10-30
Category : Law
ISBN : 9789067048767

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Social Services of General Interest in the EU by Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski Pdf

The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.

The Law of Political Economy

Poul F. Kjaer
The Law of Political Economy Book PDF

Author : Poul F. Kjaer
Publisher : Cambridge University Press
Page : 423 pages
File Size : 41,6 Mb
Release : 2020-04-23
Category : Law
ISBN : 9781108493116

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The Law of Political Economy by Poul F. Kjaer Pdf

"Political economy themes have - directly and indirectly - been a central concern of law and legal scholarship ever since political economy emerged as a concept in the early seventeenth century, a development which was re-inforced by the emergence of political economy as an independent area of scholarly enquiry in the eighteenth century, as developed by the French physiocrats. This is not surprising in so far as the core institutions of the economy and economic exchanges, such as property and contract, are legal institutions.In spite of this intrinsic link, political economy discourses and legal discourses dealing with political economy themes unfold in a largely separate manner. Indeed, this book is also a reflection of this, in so far as its core concern is how the law and legal scholarship conceive of and approach political economy issues"--

Health Care and EU Law

Johan Willem van de Gronden,Erika Szyszczak,Ulla Neergaard,Markus Krajewski
Health Care and EU Law Book PDF

Author : Johan Willem van de Gronden,Erika Szyszczak,Ulla Neergaard,Markus Krajewski
Publisher : Springer Science & Business Media
Page : 511 pages
File Size : 50,8 Mb
Release : 2011-05-18
Category : Law
ISBN : 9789067047289

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Health Care and EU Law by Johan Willem van de Gronden,Erika Szyszczak,Ulla Neergaard,Markus Krajewski Pdf

The EU has only limited competence to regulate national health-care systems but recent developments have shown that health care is not immune from the effects of EU law. As Member States have increasingly experimented with new forms of funding and the delivery of health-care and social welfare services, health-care issues have not escaped scrutiny from the EU internal market and from competition and procurement rules. The market-oriented EU rules now affect these national experiments as patients and health-care providers turn to EU law to assert certain rights. The recent debates on the (draft) Directive on Patients’ Rights further underline the importance, but also the difficulty (and controversy), of allowing EU law to regulate health care. The topicality of the range of issues related to health care and EU law was addressed, in October 2009, at a conference held in Nijmegen, The Netherlands. The present volume contains inter alia the proceedings of this conference and invited essays. This volume follows the publication of The Changing Legal Framework for Services of General Interest in Europe. Between Competition and Solidarity (Krajewski M et al (eds) (2009) T.M.C. Asser Press, The Hague) and launches a new series: Legal Issues of Services of General Interest. The aim of the series is to sketch the framework for services of general interest in the EU and to explore the issues raised by developments related to these services. The book is compulsory reading for everyone who is engaged in issues relating to health care and EU law. Johan van de Gronden is Professor of European Law at the Law Faculty of the Radboud University Nijmegen, the Netherlands. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam and Professor of European Competition and Labour Law at the University of Leicester, UK. Ulla Neergaard is Professor of EU law at the Law Faculty of the University of Copenhagen, Denmark. Markus Krajewski is Professor of International Public Law, Faculty of Law, University of Erlangen-Nuremberg, Germany.

International Economic Law in the 21st Century

Ernst-Ulrich Petersmann
International Economic Law in the 21st Century Book PDF

Author : Ernst-Ulrich Petersmann
Publisher : Bloomsbury Publishing
Page : 574 pages
File Size : 51,8 Mb
Release : 2012-07-24
Category : Law
ISBN : 9781847319814

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International Economic Law in the 21st Century by Ernst-Ulrich Petersmann Pdf

The state-centred 'Westphalian model' of international law has failed to protect human rights and other international public goods effectively. Most international trade, financial and environmental agreements do not even refer to human rights, consumer welfare, democratic citizen participation and transnational rule of law for the benefit of citizens. This book argues that these 'multilevel governance failures' are largely due to inadequate regulation of the 'collective action problems' in the supply of international public goods, such as inadequate legal, judicial and democratic accountability of governments vis-a-vis citizens. Rather than treating citizens as mere objects of intergovernmental economic and environmental regulation and leaving multilevel governance of international public goods to discretionary 'foreign policy', human rights and constitutional democracy call for 'civilizing' and 'constitutionalizing' international economic and environmental cooperation by stronger legal and judicial protection of citizens and their constitutional rights in international economic law. Moreover intergovernmental regulation of transnational cooperation among citizens must be justified by 'principles of justice' and 'multilevel constitutional restraints' protecting rights of citizens and their 'public reason'. The reality of 'constitutional pluralism' requires respecting legitimately diverse conceptions of human rights and democratic constitutionalism. The obvious failures in the governance of interrelated trading, financial and environmental systems must be restrained by cosmopolitan, constitutional conceptions of international law protecting the transnational rule of law and participatory democracy for the benefit of citizens.

The EEA Agreement in a Revised EU Framework for Welfare Services

Karin Fløistad
The EEA Agreement in a Revised EU Framework for Welfare Services Book PDF

Author : Karin Fløistad
Publisher : Springer
Page : 289 pages
File Size : 49,6 Mb
Release : 2018-10-02
Category : Law
ISBN : 9783319950433

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The EEA Agreement in a Revised EU Framework for Welfare Services by Karin Fløistad Pdf

This book addresses some of the most debated topics preceding the UK referendum on membership of the EU, namely welfare services and free movement of citizens. The work improves understanding of the implications of the European Economic Area (EEA) Agreement, which is the most integrated form of association agreement with the EU for non-member states. The author considers the impact of EEA law on both European Free Trade Association (EFTA) states and on EU Member States, and looks at case law. A broad range of welfare services are analysed, including public healthcare and educational services, various social services, and public utilities such as transport and public broadcasting. Free movement of students, of patients and public financing of welfare services are among the issues explored. The focus here is particularly on legal aspects and the demonstrated development of the EEA Agreement into the welfare sphere. This work enables a sophisticated analysis about the nature of the principles of homogeneity and dynamism. The book is essential reading for scholars who seek to understand the EU’s legal framework, the EEA Agreement and its implications. The topics covered are also relevant to UK/EU discussions on future relations, both for intermediate and long-term arrangements.

The Right to Family Life in the European Union

Maribel González Pascual,Aida Torres Pérez
The Right to Family Life in the European Union Book PDF

Author : Maribel González Pascual,Aida Torres Pérez
Publisher : Taylor & Francis
Page : 256 pages
File Size : 53,8 Mb
Release : 2016-12-19
Category : Law
ISBN : 9781317287599

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The Right to Family Life in the European Union by Maribel González Pascual,Aida Torres Pérez Pdf

Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.

The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration

Kai Purnhagen
The Politics of Systematization in EU Product Safety Regulation Market State Collectivity and Integration Book PDF

Author : Kai Purnhagen
Publisher : Springer Science & Business Media
Page : 452 pages
File Size : 54,8 Mb
Release : 2013-06-26
Category : Law
ISBN : 9789400765436

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The Politics of Systematization in EU Product Safety Regulation: Market, State, Collectivity, and Integration by Kai Purnhagen Pdf

This book examines the increasing role of the legal method of systematisation in European Union (EU) law. It argues that the legal method of systematisation that has been developed in a welfare-state context is increasingly used as a regulative tool to functionally integrate the market. The book uses the example of EU product regulation as a reference to illustrate the impact of systematisation on EU law. It draws conclusions from this phenomenon and redefines the current place and origin of systematisation in the EU legal system. It puts forward and demonstrates two main arguments. First, in certain sectors such as in EU product safety law, the quality of EU law changes from a sector-specific and reactive field of law to an increasingly coherent legal system at European level. Therefore, instead of punctual market intervention, it increasingly governs whole market areas. By doing so, it challenges and often fully replaces the respective welfare-based legal systems in the Member States for the benefit of the ideal of a market-driven EU legal system. Second, at European level, the ideal is in development. This illustrates the change of the function of Statecraft from nation-states to market-states.​

Landmark Cases in Consumer Law

Jodi Gardner,Iain Ramsay
Landmark Cases in Consumer Law Book PDF

Author : Jodi Gardner,Iain Ramsay
Publisher : Bloomsbury Publishing
Page : 445 pages
File Size : 49,5 Mb
Release : 2024-01-11
Category : Law
ISBN : 9781509952311

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Landmark Cases in Consumer Law by Jodi Gardner,Iain Ramsay Pdf

This book analyses the history of the common law foundations of consumer law, and encourages readers to rethink the role that consumer law plays in our society. Consumer law is often constructed as purely statute-based law. However – as this collection will demonstrate – this is far from the truth. Much of the history of the common law concerns consumer transactions and markets. Case law has often established or modified the ground rules of consumer markets, has had a patterning effect on the economic organisation of markets, and has expressed cultural visions of the market and consumers. An analysis of landmark cases of consumer law allows many traditional cases to be viewed through a new and distinct lens, providing significant academic and intellectual value. The collection also includes a unique socio-legal perspective, considering the role that consumer law has played in addressing racial discrimination, LGBTQ challenges and the rights of women. This collection of landmark cases demonstrates the theoretical and practical significance of consumer law through a wide range of contributions by distinguished authors from the United Kingdom, Europe, the United States and Australia.

The Mimetic Evolution of the Court of Justice of the EU

Leonardo Pierdominici
The Mimetic Evolution of the Court of Justice of the EU Book PDF

Author : Leonardo Pierdominici
Publisher : Springer Nature
Page : 418 pages
File Size : 53,5 Mb
Release : 2020-07-02
Category : Political Science
ISBN : 9783030478643

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The Mimetic Evolution of the Court of Justice of the EU by Leonardo Pierdominici Pdf

This book provides fresh perspectives in the legal study of the Court of Justice of the European Union. In the context of European studies, the Court has mainly been analysed in light of its central role in the process of continental integration. Moreover, the Court has traditionally been studied by specialists for its important role as an agent of comparative law. This book studies the evolution of the Court itself, rather than that of the EU legal order in its judge-made dimension, and addresses several institutional aspects of its structure and organization, selected and constructed as a complete range of symptomatic figures of judicial institutionalisation. In doing so, the author seeks to showcase how the development and the institutional evolution of the CJEU happened through a selective internalization of comparative influences.