Constitutional Framework Of European Labour Law In Italy France Germany Portugal And Spain
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| Author | : Luís Gonçalves da Silva |
| Publisher | : Springer Nature |
| Total Pages | : 160 |
| Release | : 2024-01-02 |
| Genre | : Law |
| ISBN | : 303145717X |
The challenges that labour law currently faces are well known. The emergence of new forms of work and the growing importance of technology in the age of the Fourth Industrial Revolution are important tests of the resilience of this field of law and its function: regulating the labour market. Therefore, it is becoming increasingly important to examine the fundamentals of labour law, especially how subordinate labour is addressed in various countries’ constitutions, in order to focus the analysis of the new phenomena affecting labour relations on their fundamental frameworks.In this context, this book puts forward an overarching framework that reflects how the Italian, German, French, Portuguese, and Spanish constitutions view labour in terms of both collective and individual relations – particularly the right to collective bargaining, the right to strikes and lock-outs, job security, and the right to remuneration – without losing sight of each Constitution's historical and political context.The aim of this book is therefore to provide an overview of the labour law frameworks in the constitutions of these legal systems and to show, by means of practical examples, how the law concretely implements them. Accordingly, it provides notes on the legal treatment of the topics analysed, serving as a practical guide for the study of these matters in the respective jurisdictions.This book will be of interest to all students and scholars of labour law looking for an overview of the topics covered in all five jurisdictions.
| Author | : Brian Bercusson |
| Publisher | : Nomos Verlagsgesellschaft |
| Total Pages | : 0 |
| Release | : 2006 |
| Genre | : Charter of Fundamental Rights of the European Union |
| ISBN | : 9783832921088 |
What role will the EU Charter of Fundamental Rights play in the future for labour law in the European Union Member States? How could it affect industrial relations in these states? These are crucial questions to which a group of eminent European labour law professors and researchers seek to offer some answers in their new book European Labour Law and the EU Charter of Fundamental Rights. To recall the story behind the Charter: in December 2000, this text was not enshrined as an integral part of the new EU Nice treaty, but was merely "proclaimed", to the disappointment of many, so that its legal status remained ambiguous. The draft future Treaty establishing a Constitution for Europe is clearer, insofar as it incorporates the Charter as its Part II, thereby giving it a binding character - but nobody knows whether, or when, this Treaty-Constitution will actually see the light of day and, if it does, in what shape. Yet now, as the discussions about a future EU constitution are regaining momentum, the European Court of Justice has also had its word on the role of the Charter. It has declared that "the principal aim of the Charter is to reaffirm rights" which are legally binding due to their provenance from other sources recognised by EU law (Case 540/03, European Parliament v. Council, decided 27 June 2006). The thus strengthened Charter includes core labour law and industrial relations provisions, covering matters such as freedom of association, collective bargaining and collective action, information and consultation within the undertaking, fair and just working conditions and protection in the event of unjustified dismissal. The book European Labour Law and the EU Charter of Fundamental Rights is a detailed commentary on the provisions of the Charter which guarantee these and other fundamental rights that are binding upon the EU institutions and the Member States. The commentary throws light on the potential of the EU Charter to shape the future labour law of Europe, an understanding of which is important for labour lawyers and industrial relations professionals, as well as for academics and policy makers in the Member States and in the EU institutions.
| Author | : Klaus-Dieter Borchardt |
| Publisher | : Office for Official Publications of the European Communities |
| Total Pages | : 140 |
| Release | : 2010 |
| Genre | : Law |
| ISBN | : |
Recoge: 1. From Paris to Lisbon, via Rome, Maastricht, Amsterdam and Nice. 2. Fundamental values of The European Union. 3. The "Constitution" of The European Union. 4. The legal order of The EU. 5. The position of Union law in relation to the legal order as a whole.
| Author | : Jack Ernest Shalom Hayward |
| Publisher | : Duke University Press |
| Total Pages | : 438 |
| Release | : 1995 |
| Genre | : History |
| ISBN | : 9780822317241 |
Governing the New Europe provides a comprehensive and scholarly account of the changing political map of Europe as it emerges from the Cold War. Exploring the variations of liberal democracy and market economy among the European states, as well as current trends in these directions, the contributors to this volume, all leading authorities in European politics, consider whether a common political model has begun to emerge out of historic European diversity. Beginning with a discussion of the political, economic, and cultural development of Europe from a historical perspective, the focus of the book shifts to an examination of the changing forms of European democracy and the move from public ownership and planning to privatization and deregulated competition. Further essays analyze the challenge to national party systems and electoral performance from emerging social movements and organized interest groups. Political and bureaucratic structures are also examined as is the new European constitutionalism reflected in the increasingly significant role of the judiciary. Lastly, attention is turned to several major themes in European politics: the changing foundations of foreign and security policy, the function of industrial champion firms, and the retreat from the welfare state. Primarily comparative in its scope, Governing the New Europe does devote particular attention to specific major states as well as to the importance of the European Union to the political life of member and non-member countries. Neither exaggerating the common features of the patterns that have emerged in contemporary Europe nor capitulating to the complexity of enduring differences and instabilities between states, Governing the New Europe will become one of the standard texts in its field. Contributors. Jack Hayward, Jolyon Howorth, Herbert Kitschelt, Marie Lavigne, Tom Mackie, Michael Mezey, Edward C. Page, Richard Parry, Richard Rose, Anthony Smith, Alec Stone
| Author | : Catherine Barnard |
| Publisher | : Oxford University Press |
| Total Pages | : 797 |
| Release | : 2012-08-09 |
| Genre | : Law |
| ISBN | : 0199692920 |
The new edition of this major work is a must-buy for all students studying EU employment law. It offers comprehensive coverage of an increasingly complex subject, tackling both case law and legislation, and provides detailed analysis of the EU's Directives and their impact on employment law.
| Author | : Pascal Cardonnel |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 337 |
| Release | : 2012-08-20 |
| Genre | : Law |
| ISBN | : 1847319939 |
These essays, written in honour of retired ECJ judge Pernilla Lindh, reflect on the development of courts and judging in the EU since the founding of the Union. In particular they focus on recent reforms and proposals aimed at further increasing public confidence and democratic accountability throughout the EU judicial system.
| Author | : Thomas Murray |
| Publisher | : Cambridge University Press |
| Total Pages | : 407 |
| Release | : 2016-08-18 |
| Genre | : Law |
| ISBN | : 1316684172 |
This book presents a political understanding of socio-economic rights by contextualising constitution-makers' and judges' decision-making in terms of Ireland's rich history of people's struggles for justice 'from below' between 1848 and the present. Its theoretical framework incorporates critical legal studies and world-systems analysis. It performs a critical discourse analysis of constitution-making processes in 1922 and 1937 as well as subsequent property, trade union, family and welfare rights case law. It traces the marginalisation of socio-economic rights in Ireland from specific, local and institutional factors to the contested balance of core-peripheral and social relations in the world-system. The book demonstrates the endurance of ideological understandings of state constitutionalism as inherently neutral between interests. Unemployed marches, housing protestors and striking workers, however, provided important challenges and oppositional discourses. Recognising these enduring forms of power and ideology is vital if we are to assess critically the possibilities and limits of contesting socio-economic rights today.
| Author | : Council of Europe |
| Publisher | : Council of Europe |
| Total Pages | : 132 |
| Release | : 1999-01-01 |
| Genre | : Political Science |
| ISBN | : 9789287140807 |
| Author | : Jan Hjarnø |
| Publisher | : Routledge |
| Total Pages | : 139 |
| Release | : 2019-05-24 |
| Genre | : Political Science |
| ISBN | : 1351753088 |
This title was first published in 2003. The problem of illegal labour immigration is one of the most controversial and hotly debated issues to confront the EU. This book examines the Scandinavian model of social partnership by which labour market relations are governed, creating an effective barrier to the employment of illegal immigrants. Using Denmark, Portugal and Germany as case studies it questions the impact of illegal immigrants and whether they pose a serious threat to the free movement of labour, capital and commodities. It will prove invaluable to those interested in labour market relations throughout the world.
| Author | : Stefano Micossi |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2009 |
| Genre | : Political Science |
| ISBN | : 9789290799290 |
The contributors to this book are all members of EuropEos, a multidisciplinary group of jurists, economists, political scientists, and journalists in an ongoing forum discussing European institutional issues. The essays analyze emerging shifts in common policies, institutional settings, and legitimization, sketching out possible scenarios for the European Union of the 21st century. They are grouped into three sections, devoted to economics and consensus, international projection of the Union, and the institutional framework. Even after the major organizational reforms introduced to the EU by the new Treaty of Lisbon, which came into force in December 2009, Europe appears to remain an entity in flux, in search of its ultimate destiny. In line with the very essence of EuropEos, the views collected in this volume are sometimes at odds in their specific conclusions, but they stem from a common commitment to the European construction.
