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EU Law in the Member States is a new series dedicated to exploring
the impact of landmark CJEU judgments and secondary legislation in
legal systems across the European Union. Each book will be written
by a team of generalist EU lawyers and experts in the relevant
field, bringing together perspectives from a wide range of
different Member States in order to compare and analyse the effect
of EU law on domestic legal systems and practice. The first volume
focuses on the uneasy relationship between the economic freedoms
enshrined in Articles 49 and 56 TFEU and the right of workers to
take collective action. This conflict has been at the forefront of
EU labour law since the CJEU's much-discussed decisions in C-438/05
Viking and C-341/05 Laval, as well as the Commission's more recent
attempts at legislative reforms in the failed Monti II Regulation.
Viking, Laval and Beyond explores judicial and legislative
responses to these measures in 10 Member States, and finds that the
impact on domestic legal systems has been much more varied than
traditional accounts of EU law would suggest.
The contributions brought together in this book derive from joint
seminars, held by scholars between colleagues from the University
of Oxford and the University of Paris II. Their starting point is
the original divergence between the two jurisdictions, with the
initial rejection of the public-private divide in English Law, but
on the other hand its total acceptance as natural in French Law.
Then, they go on to demonstrate that the two systems have
converged, the British one towards a certain degree of acceptance
of the division, the French one towards a growing questioning of
it. However this is not the only part of the story, since both
visions are now commonly coloured and affected by European Law and
by globalisation, which introduces new tensions into our legal
understanding of what is "public" and what is "private".
EU Law in the Member States is a new series dedicated to exploring
the impact of landmark CJEU judgments and secondary legislation in
legal systems across the European Union. Each book will be written
by a team of generalist EU lawyers and experts in the relevant
field, bringing together perspectives from a wide range of
different Member States in order to compare and analyse the effect
of EU law on domestic legal systems and practice. The first volume
focuses on the uneasy relationship between the economic freedoms
enshrined in Articles 49 and 56 TFEU and the right of workers to
take collective action. This conflict has been at the forefront of
EU labour law since the CJEU's much-discussed decisions in C-438/05
Viking and C-341/05 Laval, as well as the Commission's more recent
attempts at legislative reforms in the failed Monti II Regulation.
Viking, Laval and Beyond explores judicial and legislative
responses to these measures in 10 Member States, and finds that the
impact on domestic legal systems has been much more varied than
traditional accounts of EU law would suggest.
This book is an analytical study of the current English law of
traditional contracts of employment and of other personal
employment contracts. Concentrating on the common law basis of
individual employment law, it takes full account of relevant
British and European Community legislation up to and including the
Employment Act 2002, and considers the impact of the Human Rights
Act 1998 and of the developing law of human and social rights more
generally. In this work the author has up-dated and built upon his
earlier treatise on the Contract of Employment published in 1975.
The present work takes account of the very considerable amount of
case-law, legislation and legal writing which has affected the law
of the contract of employment since the earlier treatise was
written. However, the present work aims to do more than providing a
second edition of The Contract of Employment. It addresses a wider
range of employment relationships than the previous work did; in
fact, it argues for and is constructed around a whole new category
of employment contracts, which includes not only contracts of
employment but also other "personal employment contracts", a
concept which the author articulates and justifies. Within that
novel conceptual framework, many of the major features of the law
of employment contracts are re-examined and presented in unfamiliar
and challenging terms. Thus, the employer is re-conceptualized as
the "employing enterprise", the bilateral structure of employment
contracts is re-evaluated, and new explanations are advanced for
the functioning of the law of termination of employment contracts
and of remedies for wrongful termination.
This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002. It argues for, and is constructed around a whole new category of employment contracts, which includes not only contracts of employment but also other "personal employment contracts", a concept which the author articulates and justifies.
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