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European Labour Law (Paperback)
Teun Jaspers, Frans Pennings, Saskia Peters; Contributions by Teun Jaspers, Saskia Peters, …
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R3,119
Discovery Miles 31 190
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Ships in 12 - 17 working days
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This book provides for a comprehensive overview of the various
areas of European labour law: fundamental rights, free movement of
workers and posting, equal treatment, a-typical forms of
employment, collective bargaining and collective agreements,
restructuring of enterprises and health and safety. The chapters
are written by eminent experts from a considerable number of EU
Member States. Most of them are written by two authors from
different Member States. As a result of this duo-authorship the
book does not approach European labour law from a single country
perspective, but intends to give insight in the different ways
European labour was received and implemented in the various Member
States. The book does not only describe the current state of
affairs, but also critically assesses how the interaction of EU
legislature, Court of Justice, Member States and social partners
has contributed to the development of EU labour law. As such, it is
not only a comprehensive introduction to European labour law, but
provides also food for thought as part of advanced study in this
area. This handbook, dealing with all important areas of labour
law, written from several perspectives by experts, but within a
restricted number of pages, is therefore also excellent study
material for master programmes of European labour law. With
contributions by Edoardo Ales (University of Naples Parthenope,
Italy), Mark Bell (Trinity College Dublin, Ireland), Niklas Bruun
(Hanken School of Economics, Finland), Mijke Houwerzijl (Tilburg
University, The Netherlands), Teun Jaspers (Utrecht University, The
Netherlands), Sylvaine Laulom (Universite Lumiere Lyon 2, France),
Antonio Lo Faro (University of Catania, Italy), Pascale Lorber
(University of Leicester, United Kingdom), Ann Numhauser-Henning
(Lund University, Sweden), Frans Pennings (Utrecht University, The
Netherlands), Saskia Peters (University of Groningen, The
Netherlands), Jan Popma (Dutch Labour Inspectorate, The
Netherlands), Sophie Robin-Olivier (Universite Paris 1
Pantheon-Sorbonne, France) and Herwig Verschueren (University of
Antwerp, Belgium).
Where do I belong? This is a question all mobile persons are bound
to ask themselves at one time or another. When crossing borders,
individuals establish links with States, which can be the basis for
legal claims against these States.This book discusses the issue of
these links and, more specifically, the question of how EU law
defines the link needed to obtain the right to reside in a Member
State and the right to social and employment protection in that
State. When it comes to claiming rights from States, traditionally
nationality is the answer to the question where a person belongs.
However, in the context of European integration and the development
of an EU legal framework of internal market rules, citizenship
rights and immigration rules, different answers to these questions
have been developedFrom this perspective the various chapters of
this book examine instruments such as the Citizens Directive
2004/38, the Family Reunification Directive 2003/86, the Long-term
Residence Directive 2003/109, the Social Security Coordination
Regulation 883/2004, the Rome I Regulation 593/2008 and the Posting
of Workers Directive 96/71. The case-law of the Court of Justice on
these issues is of course a central element therein.The analyses of
scholars from different legal disciplines in the fourteen chapters
of this book show that EU law gives a multitude of answers to the
question which link is necessary and sufficient to create an
individual's right vis--vis a State. The definition of this link,
the criteria used and the legal consequences differ according to
the legal framework the individual finds himself/herself in and the
legal instrument he/she invokes. Moreover, the criteria used in
legislation and case-law continue to be the subject of problems of
interpretation and application, which in turn leads to legal
uncertainty or even confusion.
The economic unification of Europe has created a lot of victims.
The realization of the single market has taken place without any
adjusting or accompanying economic and social policies. Its effects
on social and human relations go far beyond the economic and
commercial areas its authors had in mind. It has in fact led to
changes in European society that are so far-reaching that they
could very well be characterized as mutations. This book looks at
the phenomenon of social dumping in the wider context of
liberalized social competition as steered by the European Union. It
contains a number of testimonies by people who actively fight
social dumping, with special attention paid to the harrowing
dumping practices in the road transport sector. Some of the authors
also examine the phenomenon of social dumping in relation to
compliance with the fundamental right of all workers to respect for
their dignity as human beings. In this respect, the underlying
question is whether, by tolerating legislation that allows human
dignity to be violated by social dumping, the European and national
legislators in fact infringe on this key fundamental right.This
book is intended for practitioners, academics, researchers and
policy-makers working in the area of social policy.
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