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Since 1945, socially moderated market economies have formed the
cornerstone of the European socioeconomic model. Now, however A {
due to powerful global economic, political and demographic
tendencies A { tensions between social and economic interests and
values are increasing. These developments create an urgent need for
answers, actions and measures on the European level.This
wide-ranging but focused collection of essays approaches this
important trend from multiple perspectives. Compiled in honour of
the major European labour law scholar Teun Jaspers, it encompasses
a broad spectrum of analyses and insights by forty-one
distinguished contributors from seven countries. Four major
tensions are identified: between the European and national level,
between fundamental rights and economic freedoms, between workers
and employers, and between soft and hard law instruments.
Throughout, a comparative approach is emphasized, not only within
the EU but also between the EU and China and South Africa. Among
the many topics covered are the following:A { relocation of labour
to low-wage countries both within and outside the EU;A { conditions
for tempering the excesses of the free labour market;A { the legal
weight of voluntary standards such as codes of conduct;A {
extending the scope of application of corporate social
responsibility norms to transnational enterprises;A { pressure on
national social law due to flexibilization, deregulation and
individualization;A { contract termination protection;A {
employability and training of employees;A { fixed-term work in the
wake of the Mangold ruling;A { adjustment of working conditions for
ill and disabled workers;A { right to strike; andA { restructuring
of enterprises.In light of the Lisbon strategy, the authors address
how the various tensions should be reconciled, especially in the
context of the flexicurity approach.The book will be of great
interest to academics and practitioners for its clear
categorization of the issues which must be overcome when regulating
employment and social policy in the context of today A|s EU
multilevel legal order. It pays detailed attention to the legal
questions raised by emerging European labour and employment
policies in respect of their specific materialization, the
opportunities they offer, their feasibility, and the threats they
pose to traditional worker A|s protection and, more generally, to
traditional concepts of labour law.
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