Social law 33 results

This Yearbook consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights.

The position of non-EU migrants in social security is problematic. Many European states reduce access to social benefits for categories of migrants whose presence is not desired. At the same time the scope of application of the national systems is becoming more confined to the national borders, as, for example, countries take measures to reduce the exportability of benefits. These two trends of exclusion and retrenchment particularly affect irregular immigrants and persons moving between Europe and developing countries who are not protected by any bilateral social security agreements.

The interaction between legal instruments and policy coordination in the field of social inclusion and social protection constitutes the theme of this book. The contributions essentially inquire whether there is any interaction at all, or if the two realms of law and policy of the EU function in parallel. If there is any sort of interchange between the two, in what areas is it taking place, and what does it result into?

Within the European Union, social security basically remains a national field of competence. The lack of common norms has paved the way for a large disparity in social protection between EU Member States, which is not conducive to the European single market. Moreover, it may lead to an increase in poverty and social exclusion and intensify economic competition between Member States. At the same time, almost all EU Member States are bound by one or more international social security instruments developed by the ILO and by the Council of Europe. This book analyses the international standards, followed by the case studies of the Czech Republic and Estonia.

Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, this book seeks to define a contemporary disability human rights approach for the field of employment.

In recent years, many academics and policymakers have argued that the welfare state needs to be modernized. It is claimed that social protection systems still largely reflect the ‘old social risks’ created under industrial capitalism and that they need to be adapted to the ‘new social risks’ that have developed with the transition to post-industrial society. This book addresses some of the challenges for social protection posed by these demographic, social and economic transformations.

On 16 May 2009, the EC Directive 2009/38 (Recast Directive) has been published in the Official Journal. With effect from 6 June 2011, the EC Directive 94/45 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees will be repealed. It will be substituted by the Recast Directive.

The field of disability law and policy is both new and rapidly expanding at European level. It covers a disparate range of subject areas including non-discrimination, transport, education, employment and housing. For the first time, the Yearbook draws all of the relevant developments at the European level together and provides an indispensable reference work for lawyers, public policy analysts, researchers, government agencies and civil society groups.

In this work the author tries to uncover the parameters the labour legislators used in the development of labour protection. He formulates a number of theses that allow him to establish a theory of labour law. The themes dealt with in this work fit in an overall vision on labour in its relation with capital as dealt with in law.

This book sheds an innovating light on the relations between EU and non-EU countries and nationals, as far as social security is concerned. These are dealt with in a number of contributions by eminent international experts.

This book explores the intricate, complex, and sometimes contentious relationship between the European Union’s agenda for a free internal market and the protection of labour standards within the European Union. Its immediate focus is on recent legal developments, both in case law and in legislation.

The book opens with an introduction to the conventions and then presents contributions of experts working for various organisations which are of extreme importance for the implementation and understanding of standards: the Committee of Experts of the ILO, the Council of Europe, a national government, university professors, a judge, a government advisor from an East European country, and a trade union. The book concludes with a chapter in which the contributions are put into perspective. As a result, the legal meaning and interpretation of the standards is approached from various angles in a unique way.

What is the meaning of the “right to social security” for the world of today, at times of neo-liberalism and globalization? Which entitlements can individual citizens derive from this right? What is meant by “social security”? Is it only about minimum benefits, or also about income maintenance? Does it include assistance? Health care? Housing? Social services? hose are the crucial questions that are discussed in this book which brings together the views and opinions of numerous specialists in social protection of all disciplines and from all parts of the world.