The Role Of The Court Of Justice In Eu Labour Law

In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers’ interests than of workers’ rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU’s reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues – such as uneven bargaining power, labour as a commodity, coexistence of workers’ rights and the market economy – in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU’s interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU’s reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU’s case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU’s judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU’s case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU’s decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists.

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.

This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.

The vast single labour market of the European Union continues to manifest an ever-increasing interdependence of economies, companies, trade unions and employees, calling once again for an update of Roger Blanpain's magisterial European Labour Law. This Fourteenth Edition remains the preeminent practice guide in its field, covering the full spectrum - legislation, collective agreements, and more than 400 cases - of both individual and collective labour law and practice from the fundamental freedoms to the significance of the Reform Treaty of Lisbon. Among the abundant new material in the Fourteenth Edition the reader will find incisive commentary and analysis of such issues and trends.

European Social Law at a glance The present book sets out – in a concise manner – the social law of the European Union. Apart from core areas of European labour law, the regulation of which is based on the EU’s competence in social policy, it covers notably the numerous rights based one the free movement of workers and other EU citizens, as well as the coordination of social security. Beyond that, the book refers to other fields of EU regulation which are prone to cause conflicts between the member states’ national social law and the relevant EU norms, which remain challenging to resolve to this day. Extensive reference is made to the case law of the European Court of Justice, which continues to have a paramount role in shaping the social law of the EU as it stands. The book is primarily aimed at students confronted with European social law for the first time. Besides, it should constitute a well-structured source of reference for law practitioners in the rising number of cases where EU law is of relevance for national legal practice.

Despite the fact that the case-law of the European Court of Justice on employment related issues has become increasingly erratic of late,there is no denying the centrality of the Court's role in the development of EC employment law. Though concentration on the work of the Court of Justice may no longer be in vogue, this book examines its contribution in the employment law field in its political and economic context, as well as with reference to the juridical structures within which the Community's judicial arm is obliged to operate. The objective is not simply to critique the employment jurisprudence of the Court but also to examine the procedural, operational and structural context in which the Court of Justice is obliged to work and to reflect on how this context may affect the jurisprudential outcome. The book focuses, in particular, on the shortcomings of the preliminary reference procedure. When the Court of Justice hands down decisions in the employment law field, Article 234 EC dictates a particular type of judicial dialogue between it and the national referring courts. It is contended that the dual dispute resolution/public interest nature of the Court's role in the preliminary reference procedure goes some way to explaining why its answers are often regarded as unsatisfactory from the perspective of the referring court and “users” of EC law generally. The book further outlines the developing Community policy on employment and reflects on the effect which this nascent policy may have on the balancing exercises which the Court is inevitably called upon to perform in a variety of social policy contexts. Finally, part two of the book examines specific substantive areas of EC employment law. The policy considerations at play in the case-law of the Court are discussed in detail, as is the coherence of this case-law with the Community's political stance on employment.

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.