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EU Intervention in Domestic Labour Law


ISBN13: 9780199277209
Published: May 2007
Publisher: Oxford University Press
Country of Publication: UK
Format: Hardback
Price: £78.00



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This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist, economic and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and seeks to demonstrate that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU.

The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of shifts in policy-making technique. From the governance perspective, labour law is a particularly useful focus of study, given the range of traditional and new approaches to governance which have been attempted, from harmonisation through framework measures to the open method of coordination, and the range of actors involved in the policy making process.

The intention is not to provide an exhaustive account of European intervention in the labour law arena. Instead it provides a framework to enable the reader to think about the role that the EU has, and should, play in this field, and argues that European level intervention can make a valuable contribution to the making of labour law in European Member States.

  • An in-depth analysis of EU intervention in labour law, which illustrates trends of relevance for other areas of EU law
  • Offers an economic and social exploration of European and domestic labour law and policy
  • Examines aspects of the 'new governance' and the topical subject of the 'Open Method of Co-ordination'

Subjects:
Employment Law
Contents:
1. Introduction;
Introduction
What is EU Intervention in Domestic Labour Law?
The Three Rationales for EU Intervention
Competence Questions
An Analysis of EU Interventions
A Map of What is to Follow
2. The Three Rationales for EU Intervention in Domestic Labour Law
Introduction
The Integrationist Rationale
The Relationship Between the Integrationist Rationale and the Economic and Social Rationales
The Economic Rationale
The Social Rationale
The Relationship Between the Economic and Social Rationales
3. Competence Questions
Introduction
Arguments For and Against Centralization in Today's EU
The Principle of Conferral
The Principle of Subsidiarity
The Principle of Proportionality
The Potential of Subsidiarity and Proportionality
Conclusions
4. The Intervention of the Court of Justice
Introduction
The Negative Integration Case Law of the Court of Justice
Conclusions
5. The Interventions of the Political Institutions
Introduction
The Relationship Between Negative Integration and the Interventions of the Political Institutions
The Harmonization or Approximation of National Labour Law Regimes
Minimum Standard Setting and Other More Flexible Approaches
The Open Method of Coordination
6. Conclusions ;

Series: Oxford Monographs on Labour Law

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Women and the Law
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Women and the Law New ed ISBN 9780198763222
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Just Wages for Women
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The Right to Strike ISBN 9780198254393
Published July 1991
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