From Labour Law to Social Competition Law?

Labour law is widely considered to be in crisis. The objective of this book is threefold. First of all, it draws attention to a number of phenomena and processes both within and outside the law that affect the protective mechanisms and essential functions of labour law. Secondly, the authors want to point out their main causes and principal consequences. Finally, the book reflects the remedies proposed by the authors to preserve the essential task of labour law.
Editor(s):
Marc Rigaux, Jan Buelens, Amanda Latinne
Series:
Publications on Labour Law
Volume:
2
book | published | 1st edition
February 2014 | x + 190 pp.

Paperback
€45.-


ISBN 9781780682211


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Details

It may seem dangerous to express oneself on the future of labour law, since it is widely considered to be in crisis by scholars of the field. There is no doubt that anyone attempting to predict the probable developments by presenting hypotheses regarding these developments runs the risk of making errors. Especially the impossibility to guarantee the relevancy of the chosen parameters and a correct evaluation of the nature of their relations could lead to erroneous predictions. The same applies when one has the ambition to pronounce oneself on the future of institutions, structures or procedures laid down in and protected by law.

The objective of this book is threefold. First of all, it draws attention to a number of phenomena and processes both within and outside the law that affect the protective mechanisms and essential functions of labour law. Secondly, the authors want to point out their main causes and principal consequences. Finally, the book reflects the remedies proposed by the authors to preserve the essential task of labour law. Those objectives are achieved by developing the following four themes: the existential relation between labour law, the labour market and social competition; the historical tie between labour law and human dignity; the relationship between labour law, market law and (social) competition law; and finally the risk of a renewed contestation of the dignity of working people.

The aim of this book is to provide intellectually challenging ideas for those interested in understanding, explaining and interpreting labour laws - whether they are scholars, practitioners, judges, policy-makers, or workers and employers.

With contributions of Jan Buelens, Wolfgang Däubler, René de Quenaudon, Filip Dorssemont, Teun Jaspers, Barbara Kresal, Fleur Laronze, Amanda Latinne, Esteban Martinez, Giovanni Orlandini, Kelly Reyniers, Marc Rigaux, Willemijn Roozendaal and Jens M. Schubert.

Chapters

Table of Contents (p. 0)

Labour law or social competition law? The right to dignity of working people questioned (once again). Observations on the future of labour law (p. 1)

Droit du travail ou droit de la concurrence sociale ? De droit à la dignité du travailleur est-il (à nouveau) remis en question ? (p. 15)

Instruments of labour law. It is high time to start wondering whether labour law has not changed into social competition law, meaning that the right to dignity of working people is questioned (once again) (p. 21)

Les changements juridiques sur le marché du travail externe et interne (p. 33)

Le droit du travail et les modifications apportées au marché du travail (p. 45)

Labour law and competition (p. 57)

Market rules and the right to strike: a different approach (p. 67)

Fundamental social rights: An added value to the protection of workers? The increasing importance of fundamental (social) rights to the development of labour law? (p. 107)

Le droit du travail, la restauration de l’autonomie de la volonté individuelle et la montée de la soft law (p. 135)

Mutating or dissolving labour law? The fundamental right to dignity of working people questioned (once again) (p. 149)

Human dignity and decent work as ultimate objectives of labour law. Towards ‘basic social law’ with a labour law component? (p. 161)

Labour law or social competition law: some concluding critical remarks (p. 175)

About the series:

Publications on Labour Law

The peer-reviewed series Publications on Labour Law, edited by the Research Group Social Competition and Law of Antwerp University, has a threefold objective: to spread high quality legal research; to raise the profile of the Research Group’s work; and to contribute to a consistent labour law.

By studying the corrective influence of labour law on the labour market, the constitutional emancipatory dimension and the homogenous analysis of legal phenomena, the series contributes to the preservation of a consistent protection based on labour law

Through information and explanation. the editorial board wishes to infuse the legislative, jurisprudential and doctrinal debate with an academic argument.
Editorial board: Jan Buelens, Daniël Cuypers, Johan Peeters, Kelly Reyniers, Marc Rigaux, Kim Van den Langenbergh and Anne Van Regenmortel.

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