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The operation of public services at both domestic and European
levels is becoming a subject of considerable interest to
researchers and policy makers alike. This book examines the
economic and political implications of public services alongside a
detailed analysis of their legal impact. Through this analysis, a
new concept of constitutional citizenship is identified; a concept
which would give consumers, as well as employees, new rights. The
book also examines the new doctrine of services of general economic
interest, as enshrined in the Amsterdam Treaty, and the impact it
will have on public services. The privatization of public services
and the resulting impact on consumers is also dealt with.
The research underpinning this book was designed to support and
further develop ideas already described in broader and more
theoretical studies,about the dialogues happening among national
courts and the ECJ as a key factor of European integration. The
role played by the courts as part of the interplay of institutions
within the European Union has been recognised as crucial, and this
research, which was conducted at the European University Institute,
homes in upon some specific examples. It deals with six Member
States of the European Union: Denmark, France, Germany, Italy,
Spain and the UK, analysing two select but significant areas of
substantive law: transfer of undertakings and equality legislation.
The analysis dwells on these key areas, although some other fields
of social law were selected in order to prove the main theory
underlying the whole research. While on the one hand offering a
comparative assessment of developments in the six member states
chosen for study, the research also highlights national
peculiarities as well as the factors perceived to be driving
national actors towards the preliminary ruling procedures This work
will be of interest to all scholars of EU law and labour law.
This collection of essays by an internationally distinguished group of writers takes stock of what Community labour law has amounted to so far and what its directions in the future should be. It covers the foundations of EC labour law, the principal actors and the implementation of policies in such fields as health and safety, discrimination, employment, immigration and the Social Fund. The essays are written in honour of Professor Lord Wedderburn of Charlton, the distinguished labour lawyer and doyen of comparative labour law studies.
This book originates from the research project 'New discourses in
labour law' held at the European University Institute. A detailed
analysis of part-time work regulation is presented for seven
European countries, in order to ascertain how internal domestic
choices of the legislatures have merged into the 'Open method of
co-ordination'. The impact of European employment policies is
considered in parallel with the implementation of the Directive on
part-time work, thus providing a complete overview of both soft and
hard law mechanisms available to national policy-makers. In this
2004 work, the interaction between law and policy emerges as a
dynamic and constantly changing process of exchange between
national and supranational actors, through the use of concrete
examples of lawmaking. Labour law is put forward as being central
in the current evolution of European law, and this centrality is
presented as a confirmation of innovation and continuity in
regulatory techniques.
This book originates from the research project 'New discourses in
labour law' held at the European University Institute. A detailed
analysis of part-time work regulation is presented for seven
European countries, in order to ascertain how internal domestic
choices of the legislatures have merged into the 'Open method of
co-ordination'. The impact of European employment policies is
considered in parallel with the implementation of the Directive on
part-time work, thus providing a complete overview of both soft and
hard law mechanisms available to national policy-makers. In this
original work, the inter-action between law and policy emerges as a
dynamic and constantly changing process of exchange between
national and supranational actors, through the use of concrete
examples of law-making. Labour law is put forward as being central
in the current evolution of European law, and this centrality is
presented as a confirmation of innovation and continuity in
regulatory techniques.
The ongoing austerity crisis is being felt in all sectors of EU
law, but has had a particularly severe impact on labour law.
Silvana Sciarra, a leading judge and scholar of EU employment law,
considers how solidarity regimes have been shaken by the crisis.
She brings together existing European policies in social and
employment law, to enhance synergies and developments in a
post-crisis discourse. She looks at reactions of national
constitutional courts to austerity measures and of international
organizations in re-establishing respect of fundamental workers'
rights. Criticizing soft law approaches in employment policies, she
favours recourse to binding measures connected with selective
financial incentives through European funds. She highlights
developments in European sector social dialogue and new horizons of
transnational collective bargaining in large multinationals. Taking
a positive, practical approach, Sciarra shows how social policies
can enhance solidarity and social cohesion, through European
financial support.
The ongoing austerity crisis is being felt in all sectors of EU
law, but has had a particularly severe impact on labour law.
Silvana Sciarra, a leading judge and scholar of EU employment law,
considers how solidarity regimes have been shaken by the crisis.
She brings together existing European policies in social and
employment law, to enhance synergies and developments in a
post-crisis discourse. She looks at reactions of national
constitutional courts to austerity measures and of international
organizations in re-establishing respect of fundamental workers'
rights. Criticizing soft law approaches in employment policies, she
favours recourse to binding measures connected with selective
financial incentives through European funds. She highlights
developments in European sector social dialogue and new horizons of
transnational collective bargaining in large multinationals. Taking
a positive, practical approach, Sciarra shows how social policies
can enhance solidarity and social cohesion, through European
financial support.
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