The European Social Charter and the Employment Relation

ISBN-13: 9781509906321 / Angielski / Twarda / 2017 / 552 str.

Niklas Bruun; Klaus Loercher; Isabelle Schoemann

Opis

This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of ETUI Transnational Trade Union Rights expert network members from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In a second phase a series of social rights are examined in light of the jurisprudence of the ECSR, to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights at national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection will stimulate academic scrutiny and raise awareness amongst practitioners and trade unions about the necessary anchor of the social dimension of Europe in legal and political practice. Subject: Labor & Discrimination Law, European Law]

Recenzje

One of the book's strengths is that, from a methodological perspective, it is written in a systematic and transparent manner, allowing the reader to locate the desired information with ease ... One can only hope that the reviewed collection will stimulate further academic scrutiny and will significantly raise awareness amongst practitioners and trade unions about, as the authors eloquently put it in the foreword, the 'necessary anchor of the social dimensions of the European Union in legal and political practice. Primoz Rataj European Journal of Social Security

Spis treści

Part I: General PartThe European Social Charter as the Social Constitution of EuropeOlivier De SchutterInterpretationKlaus LörcherImplementation: Article ITeun JaspersRestrictions: Article GAristea KoukiadakiThe Charter's Supervisory ProceduresStefan ClauwaertPart II: Specific ArticlesArticle 1: The Right to WorkSimon DeakinArticle 2: The Right to Just Conditions of WorkKlaus LörcherArticle 3: The Right to Safe and Healthy Working ConditionsKlaus LörcherArticle 4: The Right to a Fair RemunerationZoe Adams and Simon DeakinArticle 5: The Right to OrganiseAntoine JacobsArticle 6: The Right to Bargain Collectively: A Matrix for Industrial RelationsFilip DorssemontArticle 7: The Right of Children and Young Persons to ProtectionIsabelle SchömannArticle 8: The Right of Women to Maternity ProtectionCsilla Kollonay-LehoczkyArticle 15: The Right of Disabled Persons to Vocational Training, Rehabilitation and ResettlementIsabelle SchömannArticle 19 4: The Right of Migrant Workers and Their Families to Protection and AssistanceStefan ClauwaertArticle 20: The Right to Equal Opportunities and Equal Treatment in Matters of Employment and Occupation without Discrimination on The Grounds of SexCsilla Kollonay-LehoczkyArticle 21: The Right to Information and ConsultationBruno VenezianiArticle 22: The Right to Take Part in the Determination and Improvement of the Working Conditions andWorking EnvironmentNiklas BruunArticle 24: The Right to Protection in Cases of Termination of EmploymentMélanie SchmittArticle 26: The Right to Dignity at WorkCsilla Kollonay-LehoczkyArticle 27: The Right of Workers with Family Responsibilities to Equal Opportunities and Equal TreatmentIsabelle SchömannArticle 28: The Right of Workers' Representatives to Protection in the Undertaking and Facilities to Be Accorded to ThemNiklas BruunArticle 29: The Right to Information and Consultation in Collective Redundancy ProceduresBruno VenezianiArticle E: Non-DiscriminationCsilla Kollonay-LehoczkyConclusions-The Potentials for the Charter to be UsedNiklas Bruun, Klaus Lörcher, Isabelle Schömann and Stefan Clauwaert

O autorze

Niklas Bruun is Professor (emeritus) at Hanken School of Economics, Helsinki, Finland, and guest Professor at the University of Stockholm, Sweden. Klaus Lörcher is former Legal Adviser to the European Trade Union Confederation (ETUC) and former Legal Secretary of the Civil Service Tribunal of the European Union. Isabelle Schömann is Senior Researcher at the European Trade Union Institute (ETUI).Photo courtesy of the ETUI. Stefan Clauwaert is a Senior Researcher at the European Trade Union Institute (ETUI).Photo courtesy of the ETUI.