Austrian Labour Law After Viking, Laval and Beyond

Austrian Labour Law After Viking, Laval and Beyond
Author: Eva Tscherner
Publisher:
Total Pages: 0
Release: 2014
Genre:
ISBN:

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Two major institutions of Austrian labour law have been influenced by Viking and Laval: the right to take collective action and minimum wages. Viking and Laval set the scene for the very recent development of a fundamental right to take collective action within Austrian law. Academic opinion is currently realigning itself to that major event, trying to make the fundamental right fit into the existing theory of collective action. The second change resulting from Viking and Laval is less dramatic. In May 2011, the date when the Austrian labour market was finally opened for workers of all EU Member States, a new law setting up inspections of the actual payment of minimum wages entered into force. The content of that law as well as empirical data collected during its first year of application will be presented. The uncertain position of trade unions within the public/private divide is a central point of criticism of the Viking and Laval judgments. Therefore the chapter will conclude by giving insights into the private role of trade unions under Austrian law as well as the treatment by the Court of Justice of the European Union (CJEU) of an Austrian collective agreement with regard to the Employment Equality Directive in 2012.

Viking, Laval and Beyond

Viking, Laval and Beyond
Author: Mark R Freedland
Publisher: Bloomsbury Publishing
Total Pages: 392
Release: 2015-01-29
Genre: Law
ISBN: 1782255346

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EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.

New Labour Laws in Old Member States

New Labour Laws in Old Member States
Author: Rebecca Zahn
Publisher: Cambridge University Press
Total Pages: 377
Release: 2017-05-11
Genre: Law
ISBN: 1107037336

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This book compares the ways in which trade unions in five EU member states have responded to increased migration.

The Transformation or Reconstitution of Europe

The Transformation or Reconstitution of Europe
Author: Tamara Perišin
Publisher: Bloomsbury Publishing
Total Pages: 357
Release: 2018-03-08
Genre: Law
ISBN: 1509907270

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It is generally understood that EU law as interpreted by the ECJ has not merely reconstituted the national legal matrix at the supranational level, but has also transformed Europe and shaken the well-established, often formalist, ways of thinking about law in the Member States. This innovative new study seeks to examine such a narrative through the lens of the American critical legal studies (CLS) perspective. The introduction explains how the editors understand CLS and why its methodology is relevant in the European context. Part II examines whether and how judges embed policy choices or even ideologies in their decisions, and how to detect them. Part III assesses how the ECJ acts to ensure the legitimacy of its decisions, whether it resists implementing political ideologies, what the ideology of European integration is, and how the selection of judges influences these issues. Part IV uses the critical perspective to examine some substantive parts of EU law, rules on internal and external movement, and the European arrest warrant. It seeks to determine whether the role of the ECJ has really been transformative and whether that transformation is reversible. Part V considers the role of academics in shaping the narratives of EU integration.

The Laval and Viking Cases

The Laval and Viking Cases
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 278
Release: 2009-01-01
Genre: Law
ISBN: 9041128506

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in this book nineteen labour law scholars present country reports detailing challenges and consequences of the rulings evident in twelve EU Member States, as well as in Norway and Russia. Among many others, the salient issues covered include the following: cross-border solidarity among workers; collective action as a fundamental freedom; the prospects for an EU minimum wage plan; the 'social partners' approach to national labour law; the harmonisation of social security standards; and the scope of enforcement by Member State labour regulatory authorities.

Migrant Labour and the Reshaping of Employment Law

Migrant Labour and the Reshaping of Employment Law
Author: Bernard Ryan
Publisher: Bloomsbury Publishing
Total Pages: 363
Release: 2023-04-20
Genre: Law
ISBN: 1509919155

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The presence of migrant workers has become a central feature of labour markets in highly developed countries. The International Labour Organisation estimates that in 2013 there were 112 million resident migrant workers in the 58 highest-income countries, who made up 16% of the workforce. Non-resident workers have also increasingly become part of the labour available for employment in other states, often on a temporary basis. This work takes a thematic and comparative approach to examine the profound implications of contemporary labour migration for employment law regimes in highly developed countries. In so doing, it aims to promote greater recognition of labour migration-related questions, and of the interests of migrant workers, within employment law scholarship. The work comprises original analyses by leading scholars of migration and employment law at the European Union level, and in Australia, Canada, Germany, Italy, the Netherlands, Spain, the United Kingdom and the United States. The specific position of migrant workers is addressed, for example as regards equality of treatment, or the position in employment law of migrant workers without a right to work. The work also explores the effects of migration levels and patterns upon general employment law – including the law relating to collective bargaining, and remedies against exploitation.

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

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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

Air Passenger Rights

Air Passenger Rights
Author: Michal Bobek
Publisher: Bloomsbury Publishing
Total Pages: 352
Release: 2016-01-28
Genre: Law
ISBN: 178225952X

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Regulation 261/2004 on Air Passengers' Rights has been amongst the most high-profile pieces of EU secondary legislation of the past years, generating controversial judgments of the Court of Justice, from C-344/04 ex parte IATA to C-402/07 Sturgeon. The Regulation has led to equally challenging decisions across the Member States, ranging from judicial enthusiasm for passenger rights to domestic courts holding that a Regulation could not be relied upon by an individual claimant or even threatening outright to refuse to apply its provisions. The economic stakes are significant for passengers and airlines alike, and despite the European Commission's recent publication of reform proposals, controversies appear far from settled. At the same time the Regulation should, according to the Treaty, have uniform, direct and general application in all the Member States of the Union. How, then, can this diversity be explained? What implications do the diverging national interpretations have for the EU's regulatory strategy at large? This book brings together leading experts in the field to present a series of case studies from 15 different Member States as well as the extra-territorial application of Regulation 261, combined with high-level analysis from the perspectives of Aviation law and EU law.

Research Handbook on EU Labour Law

Research Handbook on EU Labour Law
Author: Alan Bogg
Publisher: Edward Elgar Publishing
Total Pages: 600
Release: 2016-12-30
Genre: Law
ISBN: 1783471123

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Research Handbook on EU Labour Law features contributions from leading scholars in the field. Part I addresses cross-cutting themes, such as the relationship between EU law and national law, the role of human rights in EU labour law, and the impact of austerity measures. In Part II, the contributors focus on topics in individual and collective labour law at EU level, including working time and job security. Finally, Part III offers a comprehensive overview of the EU’s interventions in equality law.

The Internal Market Ideal

The Internal Market Ideal
Author:
Publisher: Oxford University Press
Total Pages: 483
Release: 2024-02-15
Genre: Law
ISBN: 0192867067

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The Internal Market Ideal is an essay collection honouring Professor Stephen Weatherill. A reference to his seminal work The Internal Market as a Legal Concept (OUP, 2016), this volume celebrates Weatherill's scholarship and examines the legal issues surrounding the semi-integrated market of the European Union.