Resocialising Europe In A Time Of Crisis

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Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But in recent years, and in spite of the adoption of the Charter of Fundamental Rights, the EU social profile has entered a profound period of crisis. The ECJ judgments of Viking and Laval exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis, while the various 'bail out' packages are producing a constant retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.

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Genre : Law
Author : Nicola Countouris
Publisher : Cambridge University Press
Release : 2013-10-10
File : 543 Pages
ISBN-13 : 9781107513099


Game Changers In Labour Law

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The renowned international labour law scholars contributing to this incomparable volume use the term ‘game changers’ to refer to evolutions, concepts, ideas and challenges that are having, or have had, major impacts on how we must understand and approach labour law in today’s global economy. The volume derives from an international conference organized by the Institute for Labour Law at the University of Leuven, Belgium in November 2017. This initiative is pursued in the spirit and with the methods of the late Emeritus Professor Roger Blanpain (1932–2016), a great reformer who continuously searched for key challenges in the world of work and looked as far as possible into the future, engaging in critical reflection and rethinking the design of labour law. While seeking to identify the main game changers, the authors explore new pathways and answers which may help to understand and shape the future of work. This is the 100th of Kluwer’s Bulletin of Comparative Labour Relations, a series Professor Blanpain launched nearly fifty years ago. The contributors address, and reflect on, such vital issues and topics as the following: – the ‘gig’ economy; – core labour law values; – freedom of association; – non-standard employment; – the rise of the service sector; – employment and self-employment; – the European Pillar of Social Rights; – app-based work; – algorithms as controls in the workplace; – collective bargaining rights and the right to strike; – the role of temporary employment agencies; and – termination of the employment relationship. There are also chapters devoted to specific issues in France, Italy, the United Kingdom, Estonia, China and the United States. Roger Blanpain consistently reminded us that labour relations are power relations. Although this book shows that the power balance is tipped towards employers in today’s world, what is nevertheless very clear is that labour law can play a crucial role in re-enlivening equitable outcomes, fairness, decent work and social justice in our contemporary and future societies, and that academia can help to understand, guide and shape that future. For this reason, this book will be invaluable to professionals in labour relations, whether in the academic, policy or legal communities.

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Genre : Law
Author : Frank Hendrickx
Publisher : Kluwer Law International B.V.
Release : 2018-03-01
File : 283 Pages
ISBN-13 : 9789041199546


Women S Rights To Social Security And Social Protection

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This collection examines the human rights to social security and social protection from a women's rights perspective. The contributors stress the need to address women's poverty and exclusion within a human rights framework that takes account of gender. The chapters unpack the rights to social security and protection and their relationship to human rights principles such as gender equality, participation and dignity. Alongside conceptual insights across the field of women's social security rights, the collection analyses recent developments in international law and in a range of national settings. It considers the ILO's Social Protection Floors Recommendation and the work of UN treaty bodies. It explores the different approaches to expansion of social protection in developing countries (China, Chile and Bolivia). It also discusses conditionality in cash transfer programmes, a central debate in social policy and development, through a gender lens. Contributors consider the position of poor women, particularly single mothers, in developed countries (Australia, Canada, the United States, Ireland and Spain) facing the damaging consequences of welfare cuts. The collection engages with shifts in global discourse on the role of social policy and the way in which ideas of crisis and austerity have been used to undermine rights with harsh impacts on women.

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Genre : Law
Author : Beth Goldblatt
Publisher : Bloomsbury Publishing
Release : 2014-10-23
File : 350 Pages
ISBN-13 : 9781849469777


The Eu Directive On Adequate Minimum Wages

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This book provides an all-encompassing and timely analysis of the EU regulatory framework deriving from the enactment of Directive 2022/2041 on adequate minimum wages. In the first part, the book discusses the function of minimum wage policies in contemporary labour markets and the role of social partners and collective bargaining in governing minimum wage determinants and trends. The second part provides an article-by-article commentary of the Directive, including insights on crucial aspects such as the EU competence to intervene on wages, the concept of minimum wage adequacy, and the measurement and promotion of collective bargaining coverage. The third part assesses the impact of the Directive across the EU, focusing on the main systemic implications of the Directive as well as on the structural changes that Member States will need to implement. With contributions written by scholars and stakeholders from across Europe, the book sheds light on one of labour law's most fundamental objectives – to provide for adequate minimum wages. It is an invaluable resource for researchers, policy makers, trade unionists and employers' representatives.

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Genre : Law
Author : Luca Ratti
Publisher : Bloomsbury Publishing
Release : 2024-03-21
File : 744 Pages
ISBN-13 : 9781509968732


The Sustainability Of The European Social Model

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This book argues that the European Social Model can only be sustained in the current economic crisis if social and employment policies are adequately recognised as integral parts of European economic policy-making. The contributing authors investigate

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Genre : Law
Author : Jean-Claude Barbier
Publisher : Edward Elgar Publishing
Release : 2015-06-29
File : 377 Pages
ISBN-13 : 9781781951767


European Union Law

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Written by experts, this innovative textbook offers students a relevant, case-focused account of EU law. Under the experienced editorship of Catherine Barnard and Steve Peers, the text draws together a range of perspectives on EU law designed to introduce students to the key debates and case law which shape this vast subject.

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Genre : European Union
Author : Catherine Barnard
Publisher : Oxford University Press, USA
Release : 2020
File : 1026 Pages
ISBN-13 : 9780198855750


A Social Turn In The European Union

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Social Europe is a key topic in the construction of the EU and its institutions. This volume examines the current state of, and perspectives for, Social Europe, as well as key issues in European social policy, including the posting of workers, the impact of the free market and regulations on social convergence, work automation, digitalisation, taxation and democracy in the workplace. The aim of this volume is to identify a course to be followed in integrating the EU’s social policies and point to areas in which co-operation between member states is likely to produce best results. While a Social Europe was previously seen to be a natural consequence of political and economic integration, it is now viewed as a separate area that requires active policies to preserve the European project. The EU’s big question today concerns the level at which this policy should be pursued: the volume’s contributors outline difficulties with harmonising social policies across the Union, but they nevertheless argue that, owing to the common challenges faced by Europe, the idea of a Social Europe must not be abandoned and requires specific action. The volume consists of 11 chapters written by a variety of expert authors, analysing the idea of a Social Europe and proposing ways in which it could be put into practice. Social policy can no longer be seen as derived from economic policy but rather as a separate driver of development that could be of interest to the northern, southern and eastern states of the EU. Jacek Kubera, PhD, Assistant Professor, Faculty of Sociology, Adam Mickiewicz University in Poznań. Tomasz Morozowski, PhD candidate, Faculty of Political Science and Journalism, Adam Mickiewicz University in Poznań, and analyst at the Poznań Institute for Western Affairs.

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Genre : Political Science
Author : Jacek Kubera
Publisher : Routledge
Release : 2020-04-08
File : 226 Pages
ISBN-13 : 9781000050714


Protecting The Future Of Work

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Protecting the Future of Work analyses the changes that worker protection institutions have undergone with the decline of traditional measures such as trade unions, mapping out the new systems and approaches to protect wages, conditions and job security.

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Genre : Business & Economics
Author : Barry Colfer
Publisher : Emerald Group Publishing
Release : 2023-01-20
File : 215 Pages
ISBN-13 : 9781800712508


European Citizenship Under Stress

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European citizenship is facing numerous challenges, including fundamental rights and social justice considerations. These get amplified in the context of Brexit and the general rise of populism in Europe today. This book takes a representative selection of these challenges, which raise a multitude of highly complex issues, as an invitation to provide a critical appraisal of the current state of the EU legal framework surrounding EU citizenship. The contributions are grouped in four parts, dealing with constitutional developments posing challenges to EU citizenship; the limits of the free movement paradigm in the context of EU citizenship; EU citizenship beyond free movement; and, lastly, EU citizenship in the context of the outside world, including Brexit, the EEA and Eurasian Economic Union.

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Genre : Law
Author : Nathan Cambien
Publisher : BRILL
Release : 2020-09-07
File : 562 Pages
ISBN-13 : 9789004433076


The Charter Of Fundamental Rights Of The European Union And The Employment Relation

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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).

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Genre : Law
Author : Filip Dorssemont
Publisher : Bloomsbury Publishing
Release : 2019-04-04
File : 707 Pages
ISBN-13 : 9781509922666