European labour law / Brian Bercusson.

Format:

Book

Author/Creator:

Bercusson, Brian, author.

Series:

Law in context.

Law in context

Language:

English

Subjects (All):

Labor laws and legislation--European Union countries.

Labor laws and legislation.

Physical Description:

1 online resource (xii, 752 pages) : digital, PDF file(s).

Edition:

Second edition.

Place of Publication:

Cambridge : Cambridge University Press, 2009.

Language Note:

English

Summary:

European Labour Law explores how individual European national legal systems, in symbiosis with the European Union, produce a transnational labour law system that is distinct and genuinely European in character. Professor Brian Bercusson describes the evolution of this system, its national, transnational and global contexts and its institutional and substantive structures. The collective industrial-relations dimension of employment is examined, and the labour law of the EU as manifested in, for example, European works councils is analysed. Important subjects which have traditionally received little attention in some European labour law systems are covered, for example, the fragmentation of the workforce into atypical forms of employment. Attention is also given to the enforcement of European labour law through administrative or judicial mechanisms and the European social dialogue at intersectoral and sectoral levels. This new edition has been extensively updated, as the EU's influence on this area of social policy continues to grow.

Contents:

Intro

Cover

Half-title

Series-title

Title

Copyright

Contents

Preface

Section I Labour law and Europe

Part I European labour law

Chapter 1 European labour law and the social dimension of the European Union

Introduction: European labour law challenges the dominance of EU economic law

EC labour law and the EU's social constitution

EC labour law: constitutionalising national labour laws

European labour law in the context of EC law and national labour laws

Regulatory competition and coordination between transnational (EU) and national laws in transnational labour regulation

Competing regulatory strategies and institutions in the EU

Competing levels of regulation in the EU

Free movement of goods and transnational industrial action

Member State improvements on EU minimum standards

Collective agreements and competition law: anti-trust immunity?

Implementation of EC law: legislation and/or collective agreements?

Negotiated regulation of multinational enterprises

The role of collective bargaining in EU regulation of working time

Competition for legitimacy among institutions and levels

Conclusion

A new legal order of labour law: EU labour law

Contrasting international and EU labour law

National labour laws

European labour law: a symbiosis of EU and national labour laws

Sociology of labour law

Chronology and context: the dynamics of EU labour law

Free movement of workers in a common market

From free movement to labour and social law and policy

An analytical framework for European labour law in context

The first edition of European Labour Law

The second edition

European labour law and Social Europe

Chapter 2 EU labour law and the UK

Introduction: the 'British problem'

The 1970s

The 1980s

The 1990s

2000-.

The positive contribution of EU labour law to UK labour law

1992: European social dialogue

1993: Working time regulation

1994: European Works Councils

1996: Posted workers

1995, 1997, 1999: European framework agreements

2000: European Employment Strategy

2000: Fundamental social rights

2002: Information and consultation

The negative side: UK obstruction of EU labour law

UK opposition to the Council Directive on Posting of Workers

UK opposition to the Council Directive establishing a general framework for informing and consulting employees in the European Community

Consultation prior to decision-making

Sanctions for serious breach

UK government's implementation of EU labour law: minimalist incorporation, maximalist subsidiarity, unrelenting resistance to the collective dimension

Minimalist incorporation

Maximalist subsidiarity

Unrelenting resistance to the collective dimension

UK implementation of the European agenda on collective workers' representation: the case of European works councils

Directive 2002/14: UK implementation of the Framework Directive on Information and Consultation in the enterprise

The UK and the future of European social integration

Chapter 3 The conceptualisation of European labour law

Models of EC labour law

1. EC labour law as equal treatment and health and safety at work

2. The traditional model of national labour law: individual employment and collective labour law

3. A 'modernised' model of national labour law: employment and labour markets

4. EC labour law as the law of the common labour market

5. Substantive topics affecting labour addressed by the EC law-making institutions

Summary

Concepts of European labour law

European labour law in context

Part II History and strategies of European labour law.

Chapter 4 Shifting strategies 1951-1986: ECSC, EEC, harmonisation, financial instruments, qualified majority voting

Introduction: Shifting strategies 1951-2008

The European Coal and Steel Community: active labour market strategy

The European Economic Community: a strategy of non-intervention in the common market

Harmonisation strategy: the Social Action Programme 1974

Harmonisation of labour law

Harmonisation and industrial relations context: the case of restructuring labour in the enterprise

Redundancy and alternatives to dismissal

Redeployment

Deskilling and downgrading

Harmonisation and formal labour law provisions: a case study of the Collective Redundancies Directive 1975

The legal position before the 1975 Directive

The legal position after the 1975 Directive

The UK veto and strategies to outflank it: financial instruments and qualified majority voting procedures

Indirect financial instruments: the European Social Fund

Qualified majority voting: the Single European Act 1986

Article 100A(2)

Article 118A

Chapter 5 The strategy of European social dialogue

Introduction

The 'social partners' at EU level: ETUC, BusinessEurope (formerly UNICE), CEEP

The European Trade Union Confederation (ETUC)

BusinessEurope

CEEP

The 'Val Duchesse' social dialogue

'Social dumping' and 'social regime competition'

The Community Charter of the Fundamental Social Rights of Workers 1989

The Protocol and Agreement on Social Policy of the Maastricht Treaty on European Union 1991

The role of the European social dialogue in formulating European labour law

Promotion of social dialogue

Participation of the social partners in the formulation of EC labour law: 'bargaining in the shadow of the law'

Consultation.

Social dialogue: 'bargaining in the shadow of the law'

A hypothetical case of 'bargaining in the shadow of the law'

A 'twin-track' procedure?

'Agreements concluded at Community level'

Implementation of 'agreements concluded at Community level'

National practices and procedures

The scope of 'agreements concluded at Community level': different competences for the social dialogue and the EC institutions

Council decision

Subsidiarity

The choice among multiple levels of action

Application of the subsidiarity principle in Community social policy

Summary and conclusion

The outlook after Maastricht

Chapter 6 The European Employment Strategy, the open method of coordination and the 'Lisbon Strategy'

Introduction: employment policy priority

Unemployment and labour force participation

Employment rates and EES targets

Formulating the European Employment Strategy: Guidelines

Employability

Entrepreneurship

Adaptability

Equal opportunities

Critique of the EES: economic policy and legal strategy

Economic policy

Legal strategy

Tripartite concertation

How 'soft' can law become?

The Lisbon Strategy

The Lisbon Strategy and the changes to the EC Social Chapter by the Treaty of Nice

The Lisbon Strategy in trouble

Lisbon's change priorities: substance and process

Chapter 7 The strategy of fundamental rights: the EU Charter of Nice 2000 and a 'constitutional' strategy

Origins and context of the EU Charter

Political context

Economic context

Institutional context

Legal context

The outcome at Nice, December 2000

Legal prospects and legal effects of the EU Charter

Legal prospects of the political declaration of the EU Charter

Reference in the Treaties

Action Programme

Litigation

Legal effects of the EU Charter if equated to the EC Treaty.

Direct effect

Indirect effect

State liability

Expansion of competences

The relation of the EU Charter to national law and practice

Political dynamics of the EU Charter

The Charter and the EU institutions and Member States

EU competences and inter-institutional relations

Legal dynamics of the EU Charter

A 'constitutional strategy' for the economic, political and social integration of Europe

The Convention on the Future of Europe

'Adjusting' the Constitution: EU fundamental rights v. limited EU competences

The Intergovernmental Conference summit of 17-18 June 2004 and the 'explanations' to the Charter

The origins of the 'explanations' of the EU Charter

The 'adjustment' by the Praesidium of the Convention on the Future of Europe

The contribution of the Chairman of the Working Party of Legal Experts reviewing the text of the draft Treaty

The European Council's amendments of 18 June 2004

The aftermath: the political effect of the 'explanations' and the role of the European Court of Justice

The substance of the Praesidium's 'explanations'

Article 12: Freedom of assembly and of association

Article 28: Right of collective bargaining and action

Other international labour standards

The legal effect of the 'explanations'

Working Group II's 'adjustments' to the text of the EU Charter

Article 51(1): Limits of the powers of the Union

Article 51(2): Attack on fundamental rights in general

Illustration (i): Article 21 of the Charter

Illustration (ii): Articles 12 and 28 of the Charter

Article 52(4): The standard of 'constitutional traditions common to the Member States'

Article 52(5): Attack on social rights in particular

Article 52(6): National laws and practices

The Final Report of Working Group XI on Social Europe

Basic values.

Competences: application to Member States.

Notes:

Title from publisher's bibliographic system (viewed on 05 Oct 2015).

Includes bibliographical references and index.

ISBN:

0-511-69894-1

1-107-19222-6

0-511-65114-7

0-511-59502-6

0-511-59216-7

0-511-59309-0

0-511-60983-3

OCLC:

609842959