European Variations as a Key to Cooperation

European Variations as a Key to Cooperation
Author: Ernst Hirsch Ballin
Publisher: Springer Nature
Total Pages: 192
Release: 2020-01-02
Genre: Political Science
ISBN: 3030328937

This Open Access book offers a novel view on the benefits of a lasting variation between the member states in the EU. In order to bring together thirty very different European states and their citizens, the EU will have to offer more scope for variation. Unlike the existing differentiation by means of opt-outs and deviations, variation is not a concession intended to resolve impasses in negotiations; it is, rather, a different structuring principle. It takes differences in needs and in democratically supported convictions seriously. A common core remains necessary, specifically concerning the basic principles of democracy, rule of law, fundamental rights and freedoms, and the common market. By taking this approach, the authors remove the pressure to embrace uniformity from the debate about the EU’s future. The book discusses forms of variation that fall both within and outside the current framework of European Union Treaties. The scope for these variations is mapped out in three domains: the internal market; the euro; and asylum, migration and border control.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Internal Market 2.0

The Internal Market 2.0
Author: Sacha Garben
Publisher: Bloomsbury Publishing
Total Pages: 403
Release: 2021-01-07
Genre: Law
ISBN: 1509939059

This edited volume brings together leading authors and actors in EU internal market law and policy, revisiting the classic themes in a contemporary context and considering (re-)directions for the future. The EU would not be where and what it is today without its internal market. It is the cradle of the EU's most important legal doctrines and the source of the most significant amount of European integration. And, as Brexit has underlined, it remains the primary political reason for EU membership. Considering the well-established and fundamental nature of internal market law, it is striking to find many crucial doctrinal questions still unanswered today, as explored by this book. Furthermore, these questions now find a new legal, social and political context: one that is acutely aware of the contested nature of the EU and its policies and the need to embed the internal market project in a broader setting of constitutional norms and values. This need is made all the more pressing by the rapidly changing and often disruptive technological context. The various contributions to this book contribute to finding a new direction for continued European integration in changing times, by rethinking, and where necessary reinventing, the role and purpose of this area that remains the EU's beating heart.

Market Expansion and Social Dumping in Europe

Market Expansion and Social Dumping in Europe
Author: Magdalena Bernaciak
Publisher: Routledge
Total Pages: 289
Release: 2015-06-05
Genre: Political Science
ISBN: 1317660935

The term ‘social dumping’ regularly appears in public debates and in policymaking circles. However, due to its ambiguity it is used in a manner that is convenient for individual discourse participants, thus opening the door for misconceptions and ill-grounded accusations. This book systematically examines social dumping in the context of the European integration process. It defines social dumping as the practice, undertaken by self-interested market participants, of undermining or evading existing social regulations with the aim of gaining a competitive advantage. It also shows how the two major EU integration projects  the creation of the Internal Market, and EU enlargement to the east and to the south  have provided market actors with new incentives and opportunities to contest existing social ‘constraints’. The empirical chapters examine social dumping practices accompanying labour migration, employee posting and cross-border investment distribution. In addition, they outline the process of formation of social standards and trace initiatives at EU and national levels that contribute to the spread of social dumping in Europe. This book will be of interest to scholars and students of employment relations, EU studies, international political economy, globalisation studies, welfare studies, social policy and migration studies.

EU Law of Economic & Monetary Union

EU Law of Economic & Monetary Union
Author: Fabian Amtenbrink
Publisher: Oxford University Press
Total Pages: 1649
Release: 2020-05-21
Genre: Law
ISBN: 019251248X

Presenting a sweeping analysis of the legal foundations, institutions, and substantive legal issues in EU monetary integration, The EU Law of Economic and Monetary Union serves as an authoritative reference on the legal framework of European economic and monetary union. The book opens by setting out the broader contexts for the European project - historical, economic, political, and regarding the international framework. It goes on to examine the constitutional architecture of EMU; the main institutions and their legal powers; the core legal provisions of monetary and economic union; and the relationship of EMU with EU financial market and banking regulation. The concluding section analyses the current EMU crisis and the main avenues of future reform.

Managing Employee Involvement and Participation

Managing Employee Involvement and Participation
Author: Jeff Hyman Bob Mason
Publisher: SAGE
Total Pages: 232
Release: 1995-08-22
Genre: Business & Economics
ISBN: 9781446231999

As issues of employee involvement and participation once more evoke considerable controversy, this textbook provides an accessible overview of the main strands, perspectives and debates in current thinking and practice. It adopts a comparative international approach, addressing developments in the United Kingdom and mainland Europe, the United States and elsewhere. The authors identify two main strands of evolution: one driven by managerial interests in enhancing and controlling employee commitment and performance; the other deriving from employees' attempts to influence high-level organizational decision-making. In particular, they examine and analyze: the background of key concepts, issues and philosophies underpinning these different strands; the range of current employee involvement methods, from the individualistic and management-led to more regulated collective approaches; and the rationales and responses of employees, unions and employers to the various initiatives. Throughout the book the authors evaluate the contrasting philosophies and practices in the context of the rapidly evolving organizational and economic landscapes of advanced industrialized countries. Relevant factors include declines in manufacturing industries, deregulation of labour markets, intensifying international competition and the ever-increasing globalization of enterprise.

Judicial Authority in EU Internal Market Law

Judicial Authority in EU Internal Market Law
Author: Vilija Velyvyte
Publisher: Bloomsbury Publishing
Total Pages: 309
Release: 2022-11-17
Genre: Law
ISBN: 1509939008

This book examines the role of the European Court of Justice in the regulation of the internal market from a competence perspective. However, rather than focusing on the Court's role in enforcing the limits of EU competence in the EU's political decision making, it explores a related, albeit understudied, question: to what extent does the Court observe the constitutional limits of EU competence and its own institutional powers in the interpretation of EU internal market law laid down in the Treaties? The book provides an answer to this question through the analysis of EU free movement case law in light of the constitutional principles that govern the allocation of competences and powers in the EU: conferral, subsidiarity and proportionality, on the vertical level, and institutional balance, on the horizontal level. Why should the Court be bound by these principles? What do they mean when applied to judicial practice? To what extent are they observed in the free movement case law? The book argues that the Court's observance of the four principles has been inconsistent, thereby creating substantive and constitutional tensions in the EU's relationship with the Member States and upsetting the institutional balance of powers between the EU legislature and judiciary. Shortlisted for the UACES Best Book Prize 2023

Normative Patterns and Legal Developments in the Social Dimension of the EU

Normative Patterns and Legal Developments in the Social Dimension of the EU
Author: Ann Numhauser-Henning
Publisher: Bloomsbury Publishing
Total Pages: 147
Release: 2013-06-28
Genre: Law
ISBN: 1782251928

This book explores the normative and legal evolution of the Social Dimension - labour law, social security law and family law - in both the EU and its Member States, during the last decade. It does this from a wide range of theoretical and legal-substantive perspectives. The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights, a new coordination regulation within the field of social security (Regulation 883/2004/EC), and the case law of the Court of Justice of the European Union in the so-called Laval Quartet. Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways. The book is organised by reference to distinct 'normative patterns' and their development in the fields of law covered, such as the protection of established groups, the position of market functional values and the scope for just distribution. The book represents an innovative and important interdisciplinary approach to analysing EU law and Social Europe, and contributes a complex, yet thought-provoking, picture for the future. The contributors represent an interesting mix of well-known and distinguished as well as upcoming and promising researchers throughout Europe and beyond.

European Societies

European Societies
Author: Thomas Boje
Publisher: Routledge
Total Pages: 284
Release: 2013-03-07
Genre: Social Science
ISBN: 1134640250

Are the recent developments in Europe bringing countries together or pulling them apart? The leading experts in this book (including Sheila Allen, Marlis Buchmann, Piotr Sztompka, and Patrick Ziltener) cover a wide range of subjects, including the move towards political democracy and market economy in Central and Eastern societies, the project of the European Union, ethnic conflict, the rise of nationalism, social exclusion and women's role in public life.