| Author | : Wolf Sauter |
| Publisher | : Cambridge University Press |
| Total Pages | : 293 |
| Release | : 2014-11-27 |
| Genre | : Business & Economics |
| ISBN | : 1107066123 |
Comprehensive analysis showing that utilities and welfare services are important building blocks for the EU social market economy.
| Author | : Patrick Birkinshaw |
| Publisher | : Cambridge University Press |
| Total Pages | : 700 |
| Release | : 2003-02 |
| Genre | : Law |
| ISBN | : 9780406942883 |
European integration has been most successful at a legal level and European influences have left an indelible mark on English Public Law. These influences must be understood by students and practitioners if they are to understand our public law and its continuing development. This new book aims to cover the debate surrounding the influence of Community law on the public law of the United Kingdom in a thematic and analytical manner.
| Author | : Daniele Gallo |
| Publisher | : |
| Total Pages | : |
| Release | : 2022 |
| Genre | : Antitrust law |
| ISBN | : 9781032132396 |
"This monograph, which was also designed as a short reference book for specialized undergraduate and graduate courses on EU law, intends to shed light on, and legally frame, the evolution of the doctrine of services of general economic interest (SGEIs). The book emphasizes the pivotal role played by SGEIs in striking a fair balance between market and social objectives. To this end, the book claims, first of all, that SGEIs have a dual nature inasmuch as they act as a limitation to/derogation from the free market and, simultaneously, as a value and positive obligation addressed at national authorities, undertakings, and EU institutions. The EU notions of access to public services and universal service are the clearest signal of such phenomenon. Secondly, the book claims that the transfer of competences from the Union to the Member States and the reaffirmation of Member States' sovereignty in crucial sectors of the economy are not the only solutions to foster social rights. In fact, this narrative is apt to undermine the foundations, spirit, and purpose of the process of European integration, especially at a time like the present, when new forms of populism and anti-Europeanism are on the rise, and when a European response is imperative to counter the spread of the coronavirus in European countries. The book concludes that SGEIs' regulation is an area of law where the EU institutions have generally successfully put into action and consolidated the social market economy principles on which the EU was founded. This is even further proof that the EU is not merely the reflection of interests linked to market completion, but also and foremost a 'Community based on the rule of law'. The book will be a valuable resource for academics and researchers in EU Law, European Public Law and EU competition law"--
| Author | : Ulla Neergaard |
| Publisher | : Springer Science & Business Media |
| Total Pages | : 626 |
| Release | : 2012-10-30 |
| Genre | : Law |
| ISBN | : 9067048763 |
The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.
| Author | : Matteo Bottero |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 547 |
| Release | : 2020-12-11 |
| Genre | : Law |
| ISBN | : 9403528648 |
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.
| Author | : Mark Freedland FBA |
| Publisher | : OUP Oxford |
| Total Pages | : 435 |
| Release | : 2007-09-27 |
| Genre | : Law |
| ISBN | : 0191566594 |
How can the EU's community of welfare states adapt their public policies to economic globalization? What happens when the economic and social aims of the EU come into conflict? This book examines the developing legal regimes and regulation of public services in the UK and other European countries. Public services are examined though a case-study of the complex area of public employment services. These are job-placement and vocational training services which aim to maximize employment and minimize unemployment within EU member States' Active Labour Market policies. Employment services are at the centre of a complex web of rules in both hard and soft forms of law deriving from the EU, national public law and from private, and at times contractual, agreements. They also lie at the crossroads of a series of trends in regulation, and priorities have been inspired by an array of conflicting policy rationales. These policy rationales include the establishment of an open and competitive European internal market, the establishment of an efficient welfare state, the scaling down of state administrative machinery, the fulfilment of core public service responsibilities, and the creation of public-private partnerships. Public employment services provide a highly informative and novel case study of the interaction and conflict between the economic and social aims of the EU and between regulation at national and supranational levels, and the changing forms which this regulation has taken.
| Author | : Pieter Jan Kuijper |
| Publisher | : Kluwer Law International B.V. |
| Total Pages | : 1251 |
| Release | : 2018-09-28 |
| Genre | : Law |
| ISBN | : 9041154124 |
The Law of the European Union is a complete reference work on all aspects of the law of the European Union, including the institutional framework, the Internal Market, Economic and Monetary Union and external policy and action. Completely revised and updated, with many newly written chapters, this fifth edition of the most thorough resource in its field provides the most comprehensive and systematic account available of the law of the European Union (EU). Written by a new team of experts in their respective areas of European law, its coverage incorporates and embraces many current, controversial, and emerging issues and provides detailed attention to historical development and legislative history of EU law. Topics that are constantly debated in European legal analysis and practice are touched on in ways that are both fundamental and enlightening, including the following: .powers and functions of the EU law institutions and relationship among them; .the principles of equality, loyalty, subsidiarity, and proportionality; .free movement of persons, goods, services, and capital; .mechanisms of constitutional change – treaty revisions, accession treaties, withdrawal agreements; .budgetary principles and procedures; .State aid rules; .effect of Union law in national legal systems; .coexistence of EU, European Convention of Human Rights (ECHR), and national fundamental rights law; .migration and asylum law; .liability of Member States for damage suffered by individuals; .competition law – cartels, abuse of dominant position, merger control; .social policy, equal pay, and equal treatment; .environmental policy, consumer protection, public health, cultural policy, education, and tourism; .nature of EU citizenship, its acquisition, and loss; and .law and policy of the EU’s external relations. The fifth edition embraces many new, ongoing, and emerging European legal issues. As in the previous editions, the presentation is notable for its attention to how the law relates to economic and political realities and how the various policy areas interact with each other and with the institutional framework. The many practitioners and scholars who have relied on the predecessors of this definitive work for years will welcome this extensively revised and updated edition. Those coming to the field for the first time will instantly recognize that they are in the presence of a masterwork that can always be turned to with profit and that helps in understanding the rationale underlying any EU law provision or principle.
| Author | : Ziegler, Katja S. |
| Publisher | : Edward Elgar Publishing |
| Total Pages | : 656 |
| Release | : 2022-04-22 |
| Genre | : Political Science |
| ISBN | : 1784712388 |
This Research Handbook offers a comprehensive study of existing and emerging general principles of EU law by scholars from a wide range of expertise in EU law, international law, legal theory and different areas of substantive law. It explores the theory, content, role and function of general principles in EU law to better understand general principles as a mechanism for the substantive openness of the EU legal order as well as for cross-fertilization and coherence of legal orders. Their potential as a tool to manage the interaction of legal regimes and orders is a particular focal point and will make this Handbook a must-read for scholars of EU Law.
| Author | : Anthony Arnull |
| Publisher | : Oxford University Press |
| Total Pages | : 1092 |
| Release | : 2015-07-23 |
| Genre | : Law |
| ISBN | : 0191653055 |
Since its formation the European Union has expanded beyond all expectations, and this expansion seems set to continue as more countries seek accession and the scope of EU law expands, touching more and more aspects of its citizens' lives. The EU has never been stronger and yet it now appears to be reaching a crisis point, beset on all sides by conflict and challenges to its legitimacy. Nationalist sentiment is on the rise and the Eurozone crisis has had a deep and lasting impact. EU law, always controversial, continues to perplex, not least because it remains difficult to analyse. What is the EU? An international organization, or a federation? Should its legal concepts be measured against national standards, or another norm? The Oxford Handbook of European Union Law illuminates the richness and complexity of the debates surrounding the law and policies of the EU. Comprising eight sections, it examines how we are to conceptualize EU law; the architecture of EU law; making and administering EU law; the economic constitution and the citizen; regulation of the market place; economic, monetary, and fiscal union; the Area of Freedom, Security, and Justice; and what lies beyond the regulatory state. Each chapter summarizes, analyses, and reflects on the state of play in a given area, and suggests how it is likely to develop in the foreseeable future. Written by an international team of leading commentators, this Oxford Handbook creates a vivid and provocative tapestry of the key issues shaping the laws of the European Union.
