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Cross-border EU Employment and its Enforcement - An Analysis of the Labour and Social Security Law Aspects and a Quest for Solutions (Hardcover, 1st ed. 2022)
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Cross-border EU Employment and its Enforcement - An Analysis of the Labour and Social Security Law Aspects and a Quest for Solutions (Hardcover, 1st ed. 2022)
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This book provides insights into the complex labour and social
security framework of EU employment and its enforcement. Starting
from an analysis of the various EU instruments and case law, it
outlines the complicated legal framework, the practical problems
involved, and ways to overcome them. In turn, the book puts the
evolution of the framework into perspective, reviews the numerous
modifications made over the years, and describes
interpretation-related difficulties. Since the formation of the
European Community 65 years ago, migration and the European labour
market have evolved considerably through special patterns of
(temporary) mobility such as postings, simultaneous work in several
Member States and high mobility, thus leading to major questions
about the applicable legal framework. The interplay between the
free movement of persons and services has produced a complex system
of rules. Which law applies when a person crosses a border: that of
the host State (and to what extent should this State take into
account the legal rules from the home State?) or that of the home
State? Does the person crossing the border have any choice in the
matter? The book subsequently analyses the penetration of EU
(market) law into national systems of labour and social security
law. The divergent solutions and views within labour and social
security law are considered and discussed from a critical point of
view. As the positive elements of the European story are at risk of
being overshadowed by the negative consequences of the European
construction - social dumping being the prime example - special
attention is paid to the cooperation between inspection services
and other stakeholders in order to guarantee efficient enforcement.
The latter is more than just sanctioning, but also includes
prevention and monitoring issues. The unique strength of this book
is that it brings together all legal-technical aspects of
cross-border employment and its enforcement in both labour law and
social security law in a single volume. Readers will find a wealth
of detailed and specialised information, helping them to understand
the topic in depth. Accordingly, the book will be of interest to
academics, practitioners, enforcement bodies, judiciary
policymakers, advanced law students, and researchers seeking to
understand the law in context.
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