Viking, Laval and Beyond

ISBN-13: 9781509909919 / Angielski / Miękka / 2016 / 390 str.

Mark Freedland; Jeremias Prassl

Opis

Now available in paperback EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book is written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyze the effect of EU law on domestic legal systems and practice. This first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest. (Series: EU Law in the Member States, Vol. 1) Subject: European Law, Labor and Discrimination Law]

Spis treści

1. Viking, Laval and Beyond: An Introduction Mark Freedland and Jeremias Prassl 2. Viking and Laval: The EU Internal Market Perspective Steve Weatherill 3. Viking and Laval: The International Labour Law Perspective Alan Bogg 4. The Right to Strike in the EU after Accession to the ECHR: A Practical Assessment Vilija Velyvyte 5. The Life of a Death Foretold: The Proposal for a Monti II Regulation The Adoptive Parents 6. Three Dimensions of Heterogeneity: An Overview of Member State Experiences Jeremias Prassl 7. Austria Eva Tscherner 8. Estonia Tatjana Evas 9. Germany Bernd Waas 10. Greece Aristea Koukiadaki 11. Italy Edoardo Ales 12. Norway Stein Evju 13. Poland Leszek Mitrus 14. Sweden Mia Rönnmar 15. The United Kingdom Tonia Novitz and Phil Syrpis 16. Civilising the European Posted Workers Directive Nicola Countouris and Samuel Engblom 17. Broader Lessons for European and Domestic Labour Law Robert Rebhahn 18. Conceptualising Conflict between the Economic and the Social in EU Law after Viking and Laval Dorota Leczykiewicz 19. EU Law in National Courts: Viking, Laval and Beyond Michal Bobek 20. Epilogue Ulf Bernitz