Posting Of Workers In Eu Law
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Posting Of Workers In Eu Law
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Author : Matteo Bottero
language : en
Publisher:
Release Date : 2020-12-11
Posting Of Workers In Eu Law written by Matteo Bottero and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-11 with categories.
Posting of Workers in EU Law' is a pioneering book that challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. The dynamic expansion of the phenomenon of posting of workers - whereby a worker is sent for a limited time to another Member State to provide a service - is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States? aims to protect domestic social standards. Through this book, the author exposes a severe misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition.
Posted Work In The European Union
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Author : Jens Arnholtz
language : en
Publisher: Routledge
Release Date : 2020
Posted Work In The European Union written by Jens Arnholtz and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020 with Employee rights categories.
This book explores how posting is changing industrial relations systems in several European countries from a variety of disciplinary perspectives. It looks at how opportunities to set up shell-companies and engage in unregulated transnational recruitment made a Europe-wide industry out of avoiding regulation and cheating workers.
Posting Of Workers In Eu Law
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Author : Matteo Bottero
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2020-12-11
Posting Of Workers In Eu Law written by Matteo Bottero and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-11 with Law categories.
Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.
Workers Without Borders
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Author : Ines Wagner
language : en
Publisher: Cornell University Press
Release Date : 2018-11-15
Workers Without Borders written by Ines Wagner and has been published by Cornell University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-11-15 with Political Science categories.
How the European Union handles posted workers is a growing issue for a region with borders that really are just lines on a map. A 2008 story, dissected in Ines Wagner’s Workers without Borders, about the troubling working conditions of migrant meat and construction workers, exposed a distressing dichotomy: how could a country with such strong employers’ associations and trade unions allow for the establishment and maintenance of such a precarious labor market segment? Wagner introduces an overlooked piece of the puzzle: re-regulatory politics at the workplace level. She interrogates the position of the posted worker in contemporary European labour markets and the implications of and regulations for this position in industrial relations, social policy and justice in Europe. Workers without Borders concentrates on how local actors implement European rules and opportunities to analyze the balance of power induced by the EU around policy issues. Wagner examines the particularities of posted worker dynamics at the workplace level, in German meatpacking facilities and on construction sites, to reveal the problems and promises of European Union governance as regulating social justice. Using a bottom-up approach through in-depth interviews with posted migrant workers and administrators involved in the posting process, Workers without Borders shows that strong labor-market regulation via independent collective bargaining institutions at the workplace level is crucial to effective labor rights in marginal workplaces. Wagner identifies structures of access and denial to labor rights for temporary intra-EU migrant workers and the problems contained within this system for the EU more broadly.
Cambridge Yearbook Of European Legal Studies Vol 13 2010 2011
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Author : Catherine Barnard
language : en
Publisher: Bloomsbury Publishing
Release Date : 2011-12-15
Cambridge Yearbook Of European Legal Studies Vol 13 2010 2011 written by Catherine Barnard and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-12-15 with Law categories.
The Cambridge Yearbook of European Legal Studies provides a forum for the scrutiny of significant issues in EU Law, the law of the European Convention on Human Rights, and Comparative Law with a 'European' dimension, and particularly those issues which have come to the fore during the year preceding publication. The contributions appearing in the collection are commissioned by the Centre for European Legal Studies (CELS) Cambridge, a research centre in the Law Faculty of the University of Cambridge specialising in European legal issues. The papers presented are at the cutting edge of the fields which they address, and reflect the views of recognised experts drawn from the University world, legal practice, and the institutions of both the EU and its Member States. Inclusion of the comparative dimension brings a fresh perspective to the study of European law, and highlights the effects of globalisation of the law more generally, and the resulting cross fertilisation of norms and ideas that has occurred among previously sovereign and separate legal orders. The Cambridge Yearbook of European Legal Studies is an invaluable resource for those wishing to keep pace with legal developments in the fast moving world of European integration. INDIVIDUAL CHAPTERS Please click on the link below to purchase individual chapters from Volume 13 through Ingenta Connect: www.ingentaconnect.com SUBSCRIPTION TO SERIES To place an annual online subscription or a print standing order through Hart Publishing please click on the link below. Please note that any customers who have a standing order for the printed volumes will now be entitled to free online access. www.hartjournals.co.uk/cyels/subs Editorial Advisory Board: Albertina Albors-Llorens, John Bell, Alan Dashwood, Simon Deakin, David Feldman, Richard Fentiman, Angus Johnston, John Spencer Founding Editors: Alan Dashwood and Angela Ward Ius Commune Prize 2012 Alexandre Saydé wrote Chapter 15 in this volume entitled: 'One Law, Two Competitions: An Enquiry into the Contradictions of Free Movement Law' and we are delighted to announce that he has been awarded the Ius Commune Prize 2012.
Law Precarious Labour And Posted Workers
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Author : Marta Lasek-Markey
language : en
Publisher: Taylor & Francis
Release Date : 2023-05-05
Law Precarious Labour And Posted Workers written by Marta Lasek-Markey and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-05 with Law categories.
This book examines the role of law in regulating and influencing the lived experiences of posted workers in Europe. The ‘posting’ of workers is an unusual type of labour mobility, where workers are hired out to provide a specific service in another country. Although it involves a specialised area of law, it is one that serves as a magnifying glass for the long-standing tension between the economic and social dimensions of law’s regulatory role. As an atypical form of labour migration, posting also touches upon broader themes concerning the role and purpose of labour law in a changing world of work. Taking up these themes through interviews with posted workers, lawyers and employers, the book adopts a sociolegal approach to consider how the law shapes the precarious lived experiences of posted workers in Europe. Giving voice to those with first-hand experience, the book goes on to propose solutions that might address the precarity of posted work. This book will be of interest to scholars, researchers and practitioners working in the areas of labour law, sociolegal studies, EU law, and migration.
Exceptions From Eu Free Movement Law
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Author : Panos Koutrakos
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-12-15
Exceptions From Eu Free Movement Law written by Panos Koutrakos and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-15 with Law categories.
This collection of essays brings together contributions from judges, legal scholars and practitioners in order to provide a comprehensive assessment of the law and practice of exceptions from the principle of free movement. It aims: – to conceptualise how justification arguments relating to exceptions to free movement operate in the case law of the Court of Justice of the European Union and national courts; – to develop a comprehensive and original account of empirical problems on the application of proportionality; – to explore the legal and policy issues which shape the interactions between the EU and national authorities, including national courts, in the context of the efforts made by Member States to protect national differences. The book analyses economic, social, cultural, political, environmental and consumer protection justifications. These are examined in the light of the rebalancing of the EU constitutional order introduced by the Lisbon Treaty and the implications of the financial crisis in the Union.
Eu Law In Populist Times
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Author : Francesca Bignami
language : en
Publisher: Cambridge University Press
Release Date : 2020-01-02
Eu Law In Populist Times written by Francesca Bignami and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-01-02 with Law categories.
A state-of-the-art analysis of the contentious areas of EU law that have been put in the spotlight by populism.
Landmark Cases In Eu Law Volume 2
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Author : Paul Craig
language : en
Publisher: Bloomsbury Publishing
Release Date : 2025-07-10
Landmark Cases In Eu Law Volume 2 written by Paul Craig and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2025-07-10 with Law categories.
From Van Gend en Loos and Costa v ENEL to Cassis de Dijon and Consten and Grundig, Landmark Cases in EU Law explores the most important and well-known EU law cases in two volumes. These volumes show how the European Court of Justice has played a fundamental role in the construction of the European Union in the past 70 years. Many EU 'landmark' cases have been controversial, yet no-one can deny that they have been essential in defining the Union legal order as we find it today. Volume 2 explores the 'substantive' cases that have shaped the Union's internal market, its competition law as well as its internal and external policies. Each of the twenty cases within this volume is placed in its historical and doctrinal context, and each chapter also presents the history of its reception by the Court and academia.
Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law
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Author : Niamh Nic Shuibhne
language : en
Publisher: Oxford University Press
Release Date : 2023
Revisiting The Fundamentals Of The Free Movement Of Persons In Eu Law written by Niamh Nic Shuibhne and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Education categories.
How 'free' is the free movement of persons? This collection of essays reconsiders the fundamentals of EU free movement law. Through different examples - posted workers, social security, Brexit, and Union citizenship - each chapter revisits the categories, and the resulting boundaries, that have become entrenched in these laws.