Solidarity in EU Law

Solidarity in EU Law
Author: Andrea Biondi
Publisher: Edward Elgar Publishing
Total Pages: 235
Release:
Genre: Law
ISBN: 1783477784

The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.

Solidarity as a Public Virtue?

Solidarity as a Public Virtue?
Author: Veronica Federico
Publisher: Nomos Verlagsgesellschaft
Total Pages: 0
Release: 2018
Genre: Cooperation
ISBN: 9783848747399

Introduction /Christian Lahusen and Veronica Federico --Denmark /Deniz Neriman Duru, Thomas Spejlborg Sejersen and Hans-Jörg Trenz --France /Manilo Cinalli, Carlo de Nuzzo --Germany /Ulrike Zschache --Greece /Maria M. Mexi --Italy /Veronica Federico and Nicola Maggini --Poland /Janina Petelczyc --Switzerland /Eva Fernández G.G. and Délia Girod --The United Kingdom /Tom Montgomery and Simone Baglioni --Solidarity in the European Union in times of crisis : towards "European solidarity"? /Ester di Napoli and Deborah Russo --Solidarity in times of crisis : disability, immigration and unemployment in Denmark /Deniz Neriman Duru, Thomas Spejlborg Sejersen and Hans-Jörg Trenz --Disability, unemployment, immigraiton : does solidarity matter in times of crisis in France? /Manilo Cinalli, Carlo de Nuzzo --Disability, unemployment, immigration : the implicit role of solidarity in German legislation /Ulrike Zschache --Greece in times of multiple crises : solidarity under stress? /Maria M. Mexi --Disability, unemployment, immigration : does solidarity matter at times of crisis in Italy? /Veronica Federico and Nicola Maggini --Disability, unemployment, immigration : does solidarity matter in times of crisis? : the Polish case /Janina Petelczyc --Switzerland : vulnerable groups and multiple solidarities in a composite state /Eva Fernández G.G. and Tania Abbiate --Solidarity in austerity Britain : the cases of disability, unemployment and migration /Tony Montgomery and Simone Baglioni --Conclusion:Solidarity as a public virture? /Veronica Federico.

Solidarity in the European Union

Solidarity in the European Union
Author: Andreas Grimmel
Publisher: Springer
Total Pages: 178
Release: 2017-06-30
Genre: Political Science
ISBN: 3319570366

This volume approaches the current crisis of solidarity in the European Union from a multidisciplinary perspective. The contributions explore the concept of solidarity, its role in the European integration process, and analyze the risks entailed by a lack of solidarity. Experts from various academic fields, such as political science, law, sociology, and philosophy, shed new light on contemporary challenges such as the migrant and refugee crisis, the Eurozone crisis, nationalist and separatist movements, and Brexit. Finally, they also discuss different solutions for the most pressing problems in EU politics. The book has two main aims: Firstly, to show that solidarity is a key element in solving the EU’s contemporary problems; and secondly, to reveal how the crisis of solidarity has become a crucial test for the integration project, as the nature of the crisis goes beyond the well-known shortcomings in the EU’s structure and problem-solving capacities.

Posting of Workers in EU Law

Posting of Workers in EU Law
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.

Promoting Solidarity in the European Union

Promoting Solidarity in the European Union
Author: Malcolm G. Ross
Publisher: OUP Oxford
Total Pages: 332
Release: 2010
Genre: Language Arts & Disciplines
ISBN: 0199583188

The EU claims that solidarity is a fundamental value underlying the European social model, yet often stands accused of undermining solidarity by advancing market freedoms. This book provides the first extended study of the idea of solidarity in the EU context from interdisciplinary perspectives--analyzing its impact on law and policy.

Questioning EU Citizenship

Questioning EU Citizenship
Author: Daniel Thym
Publisher: Bloomsbury Publishing
Total Pages: 528
Release: 2017-12-28
Genre: Law
ISBN: 1509914668

The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.

Law, Solidarity and the Limits of Social Europe

Law, Solidarity and the Limits of Social Europe
Author: Ann-Christine Hartzén
Publisher: Edward Elgar Publishing
Total Pages: 232
Release: 2022-02-28
Genre:
ISBN: 9781800885509

This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration. Covering areas such as posting of workers, the right to collective bargaining, political rights and free movement for EU citizens, and asylum policy, chapters provide a cross-disciplinary and policy-oriented treatment of these subjects alongside focused legal analysis. Complementing traditional concepts and methodologies with newly emerged empirical elements, the book exposes the EU's inherent tensions while also offering new perspectives on the ways in which EU constitutional principles, rooted in solidarity, could inform a future Social Europe. Law, Solidarity and the Limits of Social Europe will be a stimulating read for scholars and students of EU law and social policy. It will also be of interest to legal practitioners, policy makers and civil society organisations working in fields related to Social Europe.

Solidarity and Conflict

Solidarity and Conflict
Author: Silvana Sciarra
Publisher: Cambridge University Press
Total Pages: 165
Release: 2018-03-29
Genre: Law
ISBN: 110708606X

One of the world's leading scholars of EU employment law proposes alternatives to the Union's current social and labour policies.

The Principle of Loyalty in EU Law

The Principle of Loyalty in EU Law
Author: Marcus Klamert
Publisher:
Total Pages: 354
Release: 2014
Genre: Law
ISBN: 0199683123

The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.