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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.
How can the EU's community of welfare states adapt their public
policies to economic globalization? What happens when the economic
and social aims of the EU come into conflict? This book examines
the developing legal regimes and regulation of public services in
the UK and other European countries. Public services are examined
though a case-study of the complex area of public employment
services. These are job-placement and vocational training services
which aim to maximize employment and minimize unemployment within
EU member States' Active Labour Market policies. Employment
services are at the centre of a complex web of rules in both hard
and soft forms of law deriving from the EU, national public law and
from private, and at times contractual, agreements. They also lie
at the crossroads of a series of trends in regulation, and
priorities have been inspired by an array of conflicting policy
rationales. These policy rationales include the establishment of an
open and competitive European internal market, the establishment of
an efficient welfare state, the scaling down of state
administrative machinery, the fulfilment of core public service
responsibilities, and the creation of public-private partnerships.
Public employment services provide a highly informative and novel
case study of the interaction and conflict between the economic and
social aims of the EU and between regulation at national and
supranational levels, and the changing forms which this regulation
has taken.
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