Cross Border Eu Employment And Its Enforcement
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| Author | : Yves Jorens |
| Publisher | : Springer Nature |
| Total Pages | : 611 |
| Release | : 2022-12-08 |
| Genre | : Law |
| ISBN | : 3031188543 |
This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter? The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues. The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.
| Author | : Amber Zwanenburg |
| Publisher | : |
| Total Pages | : 182 |
| Release | : 2019 |
| Genre | : Transportation |
| ISBN | : 9789462369641 |
This textbook aims to sketch out the main problems arising in the field of EU transnational transportation by providing adequate understanding of the legal setting in the five key EU legal areas for this sector: fundamental freedoms, private international law, posting of workers, social security coordination and social dialogue. Indeed, road transport is a truly living organism which makes it challenging for the laws to keep up with its ongoing dynamics. In addition, due to its inherent transnational element, the process of application of relevant laws is often shrouded in ambiguity, making it difficult to solve the emerged conflicts of laws. Against this background, this textbook provides an integral vision on the interaction of EU freedoms with social rights at EU level offering a comprehensive and unique in--depth coverage of the most relevant topics and presenting nuanced guidance depicting problem-solving skills which was carefully selected by the leading academic experts. Overall, this position is addressed to not only academics but also to students, practitioners and others interested in the road transport sector.
| Author | : Paul Torremans |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 901 |
| Release | : 2014-12-31 |
| Genre | : Law |
| ISBN | : 1781955808 |
The Research Handbook on Cross-border Enforcement of Intellectual Property systematically analyses the unique difficulties posed by cross-border intellectual property disputes in the modern world. The contributions to this book focus on the enf
| Author | : Vesna Rijavec |
| Publisher | : |
| Total Pages | : 254 |
| Release | : 2020-06-15 |
| Genre | : |
| ISBN | : 9781780687773 |
The volume addresses the enforcement of judgments and other authentic instruments in a European cross-border context, as well as enforcement in a selection of national European jurisdictions.
| Author | : Elena D'Alessandro |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2021 |
| Genre | : Conflict of laws |
| ISBN | : 9781780689692 |
How to choose the most beneficial enforcement regime for cross-border claims of a client? A question considerably complicated by (1) the existence of various European Union enforcement tools and (2) particularities in the national legal systems that impact on the operation and suitability of the various enforcement tools. This book compares and analyses the practical utility and potential pitfalls of the 2nd generation regulations (European Enforcement Order, European Order for Payment, European Small Claims Procedure and European Account Preservation Order) and their relation to Brussels Ibis. The work is based on an extensive evaluation of case law (published and unpublished), empirical data and literature from eight Member States (Belgium, France, Germany, Italy, Luxembourg, The Netherlands, Poland, Spain) and the Court of Justice of the European Union.
| Author | : Josephine Talena Assmus |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2023 |
| Genre | : |
| ISBN | : |
| Author | : Saskia Hufnagel |
| Publisher | : Taylor & Francis |
| Total Pages | : 300 |
| Release | : 2012-04-27 |
| Genre | : Law |
| ISBN | : 1136697276 |
This innovative volume explores issues of law enforcement cooperation across borders from a variety of disciplinary perspectives. In doing so it adopts a comparative framework hitherto unexplored; namely the EU and the Australsian/Asia-Pacific region whose relative geopolitical remoteness from each other decreases with every incremental increase in globalisation. The borders under examination include both macro-level cooperation between nation-states, as well as micro-level cooperation between different Executive agencies within a nation-state. In terms of disciplinary borders the contributions demonstrate the breadth of academic insight that can be brought to bear on this topic. The volume contributes to the wider context for evidence-based policy-making and knowledge-based policing by bringing together leading academics, public policy-makers, legal practitioners and law enforcement officials from Europe, Australia and the Asian-Pacific region, to shed new light on the pressing problems impeding cross-border policing and law enforcement globally and regionally. Problems common to all jurisdictions are discussed and innovative ‘best practice’ solutions and models are considered. The book is structured in four parts: Police cooperation in the EU; in Australia; in the Asia-Pacific Region; and finally it considers issues of jurisdiction and due process/human rights issues, with a focus on regional cooperation strategies for countering human trafficking, organised crime and terrorism. The book will be of interest to both academic and practitioner communities in policing, criminology, international relations, and comparative Asia-Pacific and EU legal studies.
| Author | : Miroslava Scholten |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 581 |
| Release | : 2023-09-06 |
| Genre | : Law |
| ISBN | : 1802208038 |
This comprehensive Research Handbook investigates the success of EU law enforcement processes. Going beyond traditional analyses of administrations and courts in isolation, it focuses on the increased cooperation seen between national and EU authorities, and on the widening variety of means used to enhance compliance with EU norms.
| Author | : Anne Pieter van der Mei |
| Publisher | : Hart Publishing |
| Total Pages | : 541 |
| Release | : 2003-02-24 |
| Genre | : History |
| ISBN | : 1841132888 |
This book explores the extent to which European Community law confers upon individuals the right to gain access to public services in other Member States. Are European citizens and third country nationals who have moved to other Member States entitled to claim minimum subsistence benefits,to receive medical care or to be admitted to education? Does Community law provide for a freedom of movement for patients, students and persons in need of social welfare benefits? If so, to what extent does Community law have regard for the Member States' fears for, and concerns about, welfare tourism? Besides addressing numerous detailed questions on the precise degree to which Community law allows for cross-border access to public services, the author analyses how Community law, and the Court of Justice in particular, have sought to reconcile the Community's objectives of realising freedom of movement and ensuring equality of treatment with the need to develop and maintain adequate social services within the Community. In addition, the book contains a detailed analysis of United States constitutional law on cross-border access to public services, exploring the question whether the European Community can possibly learn from the American experience.
| Author | : Yves Jorens |
| Publisher | : Springer Nature |
| Total Pages | : 632 |
| Release | : 2023-07-30 |
| Genre | : Law |
| ISBN | : 3031328221 |
This is the conference book for the XIV European Regional Congress of the International Society for Labour and Social Security Law, dedicated to the interactions between social law and other areas of law. In recent years, labour law and social security law have been subject to various reforms and developments. Social law is however not an isolated domain but rather interacts with other fields, often even functioning as a guide or giving direction to those lost at sea. In other words: serving as a lighthouse. The key aspect addressed in this book is the existence of a connection between social law sensu stricto (labour law and social security law) and other areas of law. Pursuing an inter- and multidisciplinary approach, it gathers contributions on topical and challenging issues in four broad areas: 1. Basic and fundamental principles of European social law 2. The future in the light of the past 3. The impact of regionalisation 4. Enforcement in social law In turn, various developments can be identified in connection with these topics: the emergence of social criminal law is creating new overlaps between social and criminal law; the growing number of administrative law sanctions offers new insights into and connections between social security law and administrative law; the increasing similarity of employment in the public and private sectors raises questions about the applicability of administrative law in labour law relations; the relation between the ECHR and the articles of the Constitution opens up new perspectives on the constitutional interpretation of freedoms and on the interaction between human rights, constitutional law and social law; and lastly, there is a growing influence of EU law and international treaty law (concerning trade) on social law. Can we, by looking at these developments, draw certain conclusions at a different and innovative level? The contributions were selected by an international working group of distinguished scholars from across Europe.
