the economic and financial crisis and collective labour law in europe

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The Economic And Financial Crisis And Collective Labour Law In Europe

Author : Niklas Bruun
ISBN : 9781782254454
Genre : Law
File Size : 71. 38 MB
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The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically. Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.

The Future Regulation Of Work

Author : Douglas Brodie
ISBN : 9781137432445
Genre : Law
File Size : 38. 49 MB
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A cohesive study of the current regulatory approaches to work across different jurisdictions, this prestigious collection of essays from established international scholars examines the diminishing relevance of the current model of labour law and considers the form, nature and challenges of regulation in a global labour market.

The European Convention On Human Rights And The Employment Relation

Author : Filip Dorssemont
ISBN : 9781782252115
Genre : Law
File Size : 22. 45 MB
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The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Work Inequalities In The Crisis

Author : Daniel Vaughan-Whitehead
ISBN : 9780857937513
Genre : Social Science
File Size : 79. 12 MB
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'Who are the losers and the occasional winners in the current economic crisis? How have employers responded to the slump in economic growth? What lessons can be learned both from their and government labour policies? Daniel Vaughan-Whitehead, and a team of leading researchers address these questions applying the latest data and research including company case studies from across Europe, including Turkey and the transition economies. They observe some similarities, but also enormous differences. They find novel answers as the policies developed over the past two decades to foster greater flexibility have altered the way firms respond to market changes. Are all these changes socially desirable? The authors are to be congratulated for providing such a detailed panorama and frank assessment which will be of value to both academic and policy readers.' David Marsden, London School of Economics, UK 'Since the successive crises erupted the increase in inequality has not been addressed. This important publication offers a comprehensive overview of recent developments in the workplace. It will help to promote a different policy agenda that is desperately needed to overcome the causes and consequences of the crisis, namely addressing work inequalities.' Philippe Pochet, Catholic University of Louvain la Neuve, Belgium, and General Director of the European Trade Union Institute (ETUI), Brussels, Belgium Work Inequalities in the Crisis provides an in-depth overview of the effects of the crisis on inequalities in the world of work. It examines these inequalities multi-dimensionally, looking at employment, wages and incomes, working conditions and social dialogue. At the same time, it investigates whether the crisis may halt the progress made in Europe towards better quality jobs and working conditions. This book offers a unique combination of research, case studies and policy discussions. An assessment of national trends in 30 European countries precedes case studies of 14 of them, in which noted European specialists report on individual enterprises or sectors. The volume's survey of national- and local-level policy solutions contributes to identifying those responses that strengthen economic competitiveness, preserve social cohesion and do not deepen inequalities. This timely resource will be of particular interest to academics, students and researchers in labour economics, to policymakers, and to those involved in European studies more generally.

The Lisbon Treaty And Social Europe

Author : Niklas Bruun
ISBN : 9781847319401
Genre : Law
File Size : 37. 15 MB
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On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations. The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

Resocialising Europe In A Time Of Crisis

Author : Nicola Countouris
ISBN : 9781107513099
Genre : Law
File Size : 46. 22 MB
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Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But in recent years, and in spite of the adoption of the Charter of Fundamental Rights, the EU social profile has entered a profound period of crisis. The ECJ judgments of Viking and Laval exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis, while the various 'bail out' packages are producing a constant retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.

The European Social Charter And Employment Relation

Author : Niklas Bruun
ISBN : 9781509906352
Genre : Law
File Size : 21. 77 MB
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This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of the ETUI Transnational Trade Union Rights expert network from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In the second phase a series of social rights which are related to the employment relation are examined in particular in light of the jurisprudence of the European Committee of Social Rights (ECSR), to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights and national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection is aimed at stimulating academic scrutiny and raising awareness amongst practitioners and trade unions about this important and equally necessary anchor of the social dimension of Europe in legal and political practice.

The European Social Model In Crisis

Author : Daniel Vaughan-Whitehead
ISBN : 9781783476565
Genre : Business & Economics
File Size : 67. 81 MB
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This is the first book to provide a comprehensive and systematic assessment of the impact of the crisis and austerity policies on all elements of the European Social Model. This book assesses the situation in each individual EU member state on the basi

Talking Through The Crisis

Author : Igor Guardiancich
ISBN : 9221305198
Genre :
File Size : 38. 84 MB
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Benchmarking Working Europe 2014

Author :
ISBN : 9782874523076
Genre :
File Size : 25. 29 MB
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The report Benchmarking Working Europe 2014 reviews the crisis and EU austerity policies in the last five years from the point of view of Europe's social agenda. The publication, written by the research team of the ETUI, offers an overview of the most important statistics on the EU’s macroeconomic situation, labour market developments, inequality and poverty, deregulation of labour law, wages and collective bargaining, health and safety at work, worker participation rights and the impact of austerity on the green agenda. The Benchmarking Working Europe report comprises a critical, fact-based diagnosis of the first five years of the EU’s crisis management policies in view of the Europe 2020 agenda. It suggests that Europe finds itself “half-way through a lost decade” and provides the scientific underpinning of the ETUC’s political roadmap for a ‘new path for Europe’. The publication demonstrates that the European Union is in need of a fundamental change of course.

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