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Viking Laval and Beyond

Viking  Laval and Beyond Author Mark Freedland
ISBN-10 9781782255352
Release 2015-01-29
Pages 346
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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.



Air Passenger Rights

Air Passenger Rights Author Michal Bobek
ISBN-10 9781782259534
Release 2016-01-28
Pages 352
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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.



European Union Law

European Union Law Author Steve Peers
ISBN-10 9780198789130
Release 2017-07-31
Pages 836
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Edited by Catherine Barnard and Steve Peers, European Union Law draws together a range of perspectives from experienced academics, teachers and practitioners to provide a comprehensive introduction to EU law. Each chapter has been written and updated by an expert in the field to provide students with access to a broad range of ideas while offering a solid foundation in the institutional and substantive law of the EU. Written by experts, designed for students; every chapter ensures a balance of accessible explanation and critical detail. Case studies are included throughout the book to enable students to understand the context and implications of EU law, as well as helping to familiarize them with some of the most significant caselaw in the area. Quotations and examples from key EU legislation and academic sources are also included to help develop an understanding of EU law, while further reading suggestions for each chapter act as a springboard for further study and assessment preparation. This text provides a fresh and modern guide to EU law and is an ideal entry-point for students new to the subject as well as those looking to develop their understanding of EU law. As the process of the UK leaving the EU unfolds, readers can also visit the OUP European Union Law Resource Centre for up-to-date comment, opinion, and updates created by our authors to engage students with the legal and political issues and considerations at play.



Beyond the Established Legal Orders

Beyond the Established Legal Orders Author Malcolm Evans
ISBN-10 9781847316462
Release 2011-04-19
Pages 372
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A lively debate on the constitutionalisation of the international legal order has emerged in recent years. A similar debate has also taken place within the European Union. This book complements that debate, exploring the underlying realities that the moves towards constitutionalism seek to address. It does this by focusing on the substantive interconnections that the EU has developed over the years with the rest of the world, and assesses the practical impact these have both in the development of its legal order as well as in the international community. Based on papers delivered at the bi-annual EU/International Law Forum organised by the University of Bristol in March 2009, this collection of essays examines policy areas of economic governance (trade, financial services, migration, environment), political governance (human rights, criminal law, responses to financing terrorism), security governance (counter-terrorism, use of force, non-proliferation), and the issue of the emergence of European and global values. How are these areas shaped by the interaction between EU law and other legal orders and polities? In what ways does the EU impact on other transnational legal systems? And how are its own rules and principles shaped by such systems? These questions are addressed in the light of the specific legal and political context within which the EU pursues its policies by interacting with the rest of the world.



Central European Judges Under the European Influence

Central European Judges Under the European Influence Author Michal Bobek
ISBN-10 9781782259893
Release 2015-11-19
Pages 304
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The onset of the 2004 EU enlargement witnessed a number of predictions being made about the approaches, capacity and ability of Central European judges who were soon to join the Union. Optimistic voices, foreshadowing the deep transformative power that Europe was bound to exercise with respect to the judicial mentality and practice in the new Member States, were intertwined with gloomy pictures of post-Communist limited formalism and mechanical jurisprudence that could not be reformed, which were likely to undermine the very foundations of mutual trust and recognition the judicial system of the Union is built upon. Ten years later, this volume revisits these predictions and critically assesses the evolution of Central European judicial mentality, institutions and constitutionality under the influence of the EU membership. Comparatively evaluating the situation in a number of Central European Member States in their socio-legal contexts, notably Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Bulgaria and Romania, the volume offers unique insights into the process of (non) Europeanisation of national legal systems and cultures.



Constitutionalization of European Private Law

Constitutionalization of European Private Law Author Hans Micklitz
ISBN-10 9780191020087
Release 2014-04-17
Pages 320
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In recent years the impact of human rights and fundamental rights on private law has risen in prominence and led to a whole series of detailed investigations. 'Constitutionalization of private law' is the flag under which most of the research on the increasing impact of national constitutional rights on national private legal orders is sailing. In the absence of a European Constitution, the constitutionalization of European private law suggests a process: constitutionalization instead of constituent power, demos, and the magic constitutional moment. The Charter of Fundamental Rights and the European Convention of Human Rights constitute the two pillars on which the transformation of European private law rests. This volume clearly demonstrates the change that has taken place, at the national and at the European level. Private law is no longer immune to the intrusion of fundamental and human rights. Whilst member states and the EU are driving the process by adopting ever more concrete and more comprehensive lists of human and fundamental rights, at the national, the European, and international level with overlapping contents, the true and key players in this development are the national and European courts. Contributions to this volume give this process a face and a direction, which is highlighted in the introduction by Hans-W. Micklitz.



The Autonomy of Labour Law

The Autonomy of Labour Law Author Alan Bogg
ISBN-10 9781782254645
Release 2015-03-26
Pages 304
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To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.



National Identity in EU Law

National Identity in EU Law Author Elke Cloots
ISBN-10 9780191053504
Release 2015-02-12
Pages 414
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Despite nearly sixty years of European integration, neither nations nor national loyalties have withered away. On the contrary, national identity rhetoric seems on the rise, not only in politics but also in legal discourse. Lately we have seen a rise in the number of Member States invoking their national identity in an attempt to justify a derogation from a requirement imposed on them by a Treaty article or an EU legislative act, or to legitimize a particular national reading of such an EU norm. Despite this, the European Court of Justice (ECJ) has yet to develop a coherent approach to such arguments, or express a vision of the role national identity should play in EU law. Elke Cloots undertakes this task by providing a principled and coherent scheme for the adjudication of disputes involving claims based on the national identity of a Member State. Should arguments involving national identity be legally relevant? If yes, how should the ECJ approach such identity-related interests? Cloots crafts a normative framework to assist the ECJ in striking the right balance between European integration and respect for the identity concerns at issue. The book combines rigorous theoretical inquiry with thorough analysis of the European Treaties and case law, with particular attention paid to litigation involving domestic measures concerning the national system of government, constitutional rights protections, and language policy. Clarifying the issues at stake and presenting a solution to these problems, this book will be an invaluable resource for the academics, lawyers, and policy makers in the field.



The Power of the European Court of Justice

The Power of the European Court of Justice Author Susanne K. Schmidt
ISBN-10 9781317981282
Release 2014-06-11
Pages 150
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The European Court of Justice (ECJ) has played a vital role in promoting the process of European integration. In recent years, however, the expansion of EU law has led it to impact ever more politically sensitive issues, and controversial ECJ judgments have elicited unprecedented levels of criticism. Can we expect the Court to sustain its role as a motor of deeper integration without Member States or other countervailing forces intervening? To answer this question, we need to revisit established explanations of the Court’s power to see if they remain viable in the Court’s contemporary environment. We also need to better understand the ultimate limits of the Court’s power – the means through which and extent to which national governments, national courts, litigants and the Court’s other interlocutors attempt to influence the Court and to limit the impact of its rulings. In this book, leading scholars of European law and politics investigate how the ECJ has continued to support deeper integration and whether the EU is experiencing an increase in countervailing forces that may diminish the Court’s ability or willingness to act as a motor of integration. This book was published as a special issue of the Journal of European Public Policy.



A European Social Union after the Crisis

A European Social Union after the Crisis Author Frank Vandenbroucke
ISBN-10 9781108415781
Release 2017-08-31
Pages
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Many people believe that the EU lacks solidarity and needs a social dimension. This debate is not new but, until recently, the notion of a 'social Europe' remained vague and elusive. What is now required is a coherent conception of the reasons behind and the agenda for a European Social Union. This book offers the first in-depth examination of the rationale and feasibility of such a Social Union. It explores how we can justify, define and demarcate an appropriate notion of European solidarity and examines legal and political barriers. In short, rather than merely deploring the lack of a social dimension to the EU, it provides new perspectives and answers to questions of 'why', 'what', and 'how'. A cast of outstanding scholars and practitioners reflect on the obstacles and solutions, incorporating economic, social, philosophical, legal and political perspectives.



The Autonomy of Labour Law

The Autonomy of Labour Law Author Alan Bogg
ISBN-10 9781782254645
Release 2015-03-26
Pages 304
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To what extent is labour law an autonomous field of study? This book is based upon the papers written by a group of leading international scholars on this theme, delivered at a conference to mark Professor Mark Freedland's retirement from his teaching fellowship in Oxford. The chapters explore the boundaries and connections between labour law and other legal disciplines such as company law, competition law, contract law and public law; labour law and legal methodologies such as reflexive governance and comparative law; and labour law and other disciplines such as ethics, economics and political philosophy. In so doing, it represents a cross-section of the most sophisticated current work at the cutting edge of labour law theory.



Protecting Vulnerable Groups

Protecting Vulnerable Groups Author Francesca Ippolito
ISBN-10 9781782256144
Release 2015-04-30
Pages 388
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The concept of vulnerability has not been unequivocally interpreted either in regional or in universal international legal instruments. This book analyses the work of the EU and the Council of Europe in ascertaining a clear framework or a set of criteria suitable to determine those who should be considered vulnerable and disadvantaged. It also explores the measures required to protect their human rights. Key questions can be answered by analysing the different methods used to determine the levels of protection offered by the two European systems. These questions include whether the Convention and the case law of the Strasbourg Court, the monitoring mechanisms of the Council of Europe, EU law and the case law of the European Court of Justice enhance the protection of vulnerable groups and expand the protection of their rights, or, alternatively, whether they are mainly used to fill in relatively minor gaps or occasional lapses in national rights guarantees. The analysis also shows the extent to which these two European systems provide analogous, or indeed divergent, standards and how any such divergence might be problematic in light of the EU accession to the European Convention on Human Rights.



The Laval and Viking Cases

The Laval and Viking Cases Author Roger Blanpain
ISBN-10 9789041128508
Release 2009
Pages 248
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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.



EU Industrial Relations V National Industrial Relations

EU Industrial Relations V  National Industrial Relations Author Mia Rönnmar
ISBN-10 9789041127709
Release 2008
Pages 314
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1996 concerning the posting of workers in the framework of the provision of services, Official Journal L 18 of 21 January 1997, pp. 1-6. Directive 2006/123/EC of the European Parliament and of the Council of 12 December 2006 on services in the international market, Official Journal L 376 of 27 December 2006, pp. 36-68. Judgement of the European Court of Justice Laval un Partneri Ltd v. Svenska Byggnadsarbetareforbundet, Case C-341/05 [2007] ECR I-000. Judgement of the European Court of Justice International Transport Workers' Federation v. Viking Line ABP, Case C-438/05 [2007] ECR I-000. Table of cases from the European Court of Justice. Index



The Images of the Consumer in EU Law

The Images of the Consumer in EU Law Author Dorota Leczykiewicz
ISBN-10 9781509900367
Release 2016-01-28
Pages 488
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This book consists of contributions exploring from different perspectives the 'images' of the consumer in EU law. The images of the consumer form the foundation for various EU policies, more or less directly oriented towards the goal of consumer protection. The purpose of the volume is to establish what visions of the consumer there are in different contexts of EU law, whether they are consistent, and whether EU law's engagement with consumer-related considerations is sincere or merely instrumental to the achievement of other goals. The chapters discuss how consumers should be protected in EU contract, competition, free movement and trade mark law. They reflect on the limits of the consumer empowerment rationale as the basis for EU consumer policy. The chapters look also at the variety of concerns consumers might have, including the cost of goods and services, access to credit, ethical questions of consumption, the challenges of excessive choice and the possibility to influence the content of regulatory measures, and explore the significance of these issues for the EU's legislative and judicial process.



Europe s Functional Constitution

Europe s Functional Constitution Author Turkuler Isiksel
ISBN-10 9780191076879
Release 2016-05-26
Pages 280
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Constitutionalism has become a byword for legitimate government, but is it fated to lose its relevance as constitutional states relinquish power to international institutions? This book evaluates the extent to which constitutionalism, as an empirical idea and normative ideal, can be adapted to institutions beyond the state by surveying the sophisticated legal and political system of the European Union. Having originated in a series of agreements between states, the EU has acquired important constitutional features like judicial review, protections for individual rights, and a hierarchy of norms. Nonetheless, it confounds traditional models of constitutional rule to the extent that its claim to authority rests on the promise of economic prosperity and technocratic competence rather than on the democratic will of citizens. Critically appraising the European Union and its legal system, this book proposes the idea of 'functional constitutionalism' to describe this distinctive configuration of public power. Although the EU is the most advanced instance of functional constitutionalism to date, understanding this pragmatic mode of constitutional authority is essential for assessing contemporary international economic governance.



Humans as a Service

Humans as a Service Author Jeremias Prassl
ISBN-10 9780198797012
Release 2018-03-28
Pages 208
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The digital revolution is changing the way we work. Online platforms like Amazon's Mechanical Turk and Uber connect workers and consumers directly, promising both convenience and flexibility. But convenience comes at a price. Traditional protections for workers have been denied to those selling their services in the 'gig' economy. Algorithms can discriminate and deny workers their livelihoods without chance of reply. In 'Humans as a Service' Jeremias Prassl cutsthrough the rhetoric of the sharing economy to expose the systematic exploitation of the new class of digital workers. He shows how legal reform can end the exploitation and restore worker protectionfor the digital age.