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Vol 23 No 5 May/June 2018

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Labour Law in the Courts

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Edited by: Silvana Sciarra

ISBN13: 9781841130248
ISBN: 1841130249
Published: March 2001
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £75.00

Despatched in 6 to 8 days.

The research underpinning this book was designed to support and further develop ideas already described in broader and more theoretical studies, about the dialogues happening among national courts and the ECJ as a key factor of European integration. The role played by the courts as part of the interplay of institutions within the European Union has been recognised as crucial, and this research, which was conducted at the European University Institute, homes in upon some specific examples. It deals with six Member States of the European Union: Denmark, France, Germany, Italy, Spain and the UK, analysing two select but significant areas of substantive law: transfer of undertakings and equality legislation. The analysis dwells on these key areas, although some other fields of social law were selected in order to prove the main theory underlying the whole research.;While on the one hand offering a comparative assessment of developments in the six member states chosen for study, the research also highlights national peculiarities as well as the factors perceived to be driving national actors towards the preliminary ruling procedures. This work will be of interest to all scholars of EU law and labour law.

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Employment Law
Integration through courts - Article 177 as a pre-federal device, Silvana Sciarra: community dialogues under Article 177 as a lawmaking process; judges as legislators - testing labour law cases; integration, interdependence and multi-level policy-making; pre-federal and pre-constitutional labour law in inter-court co-operation; a research project on labour law in the courts - exercises in neo-institutionalism. Gender equality - a fundamental dialogue, Clair Kilpatrick: preliminary remarks; the active preliminary reference couple - Germany and the UK; the languid couple - France and Denmark; the inactive couple - Spain and Italy; conclusions. Transfers of undertakings: preliminary remarks, Paul Davies; the European Court of Justice in dialogue on transfers of undertakings - a fallible interlocutor?, Sylvaine Laulom; transfers of undertakings - an experience of clashes and harmonies between community law and national legal systems, Fernando Valdes Dal-Re; Judicial developments of EC social policy and intro-community institutional dialogues - how to define a ""legal transfer"", Antonio Lo Faro. Lessons from some secondary areas of dialogue: preliminary remarks, Antoine Jeammaud; job centre - an illustrative example of strategic litigation, Silvana Sciarra; the European Court of Justice and the Spanish labour and social security courts - two examples, Fernando Vales Dal-Re; never on a Sunday - what has (EU) law got to do with it?, Miguel Poiares Maduro. The complexities of living with an interpretation prerogative - some observations on an imperfect dialogue, Spiros Simitis.