This volume offers a lawyer’s view on the meaning of fundamental social rights in today’s Europe. It is published on the occasion of the 10th anniversary of the EWL and reflects the research efforts the members of the European Working Group on Labour Law have made in its 10 years of existence.
The recognition of fundamental social rights offers opportunities for valuing the meaning of the fundamental social rights for workers aiming at actually benefiting from these. The non-discrimination norm, since it has been long and widely recognised in EU law, is the most striking example. It has served as a catalyst for all Member States. Apart from that, the fundamental social rights as generally recognised by international organisations are also challenged in EU law. This is not only because the EU law does not explicitly grant protection to workers since some of these fundamental social rights are not covered by it, but also due to a potential collision between these rights and the fundamental freedoms of the European Community. The recent cases of Viking, Laval and Rüffert appear to deliver conclusive proof of the potential subordination of the fundamental social rights to the fundamental freedoms of the EC.
In this volume, experts in the field of European labour law, deal with the opportunities EU law is offering and how it is fitting into the social policy of the European Union, as well as with potential threats to an effective application of the fundamental social rights. Some of the contributions refer to the cases of Viking, Laval and Rüffert as to their impact on the right to collective action as well as its meaning for the establishment of decent employment conditions, and in particular the right to a decent wage which is one of the ‘oldest’ fundamental social rights. Another crucial issue that is touched upon in this volume is the right to work and the right of protection for workers. The objective that is advocated in the EU as a cornerstone of modern social policy is the combination of flexibility and security, in one word: flexicurity, which has been analysed in terms of contributing to or jeopardising the position of the employee. It is the supposed dilemma of the protection of the ‘haves’ at the expense of the ‘have nots’, ‘insiders versus outsiders’. A third topic is the fundamental right connected to the freedom of association. A problem that has recently raised a lot of discussion and legislative proposals is whether sufficient representativeness of trade unions is required in order to be legitimised for collective bargaining and the conclusion of binding collective agreements. Linked to this is the effective recognition of the right of participation for workers and their representatives at enterprise level: the right to information and consultation, its scope and its effect.
What these contributions have in common is the question whether European law has to play a harmonising or only a facilitating role. Can or must the European Union contribute to the upgrading of the meaning and the impact of fundamental social rights in the labour law of the EU and its Member States, and if so, to what extent and in which way?
Contributions by Saskia Klosse, Antonio Lo Faro, Norbert Olszak, Jens M. Schubert, Fernando Valdés Dal-Ré and Charlotte Villiers.
About this book
‘The book offers interesting and stimulating reading.’
Ruth Nielsen in CMLR (2011) 648.
THE REPRESENTATIVENESS OF TRADE UNIONS IN FRANCE: A SUBSTANTIAL EVOLUTION (p. 1)Corinne Sachs-Durand
AN OLD QUESTION: WHAT DO THE FRENCH TRADE UNIONS REPRESENT? (p. 13)
FUNDAMENTAL FREEDOMS OF THE EC TREATY VERSUS THE FUNDAMENTAL SOCIAL RIGHT TO TAKE COLLECTIVE ACTION - A CRITICAL COMMENT ON THE NEW JURISDICTION OF THE EUROPEAN COURT OF JUSTICE (ECJ) (p. 25)Ulrike Wendeling-Schröder
THE ‘SECOND ROUND’ IN THE RELATIONSHIP BETWEEN FUNDAMENTAL FREEDOMS AND FUNDAMENTAL SOCIAL RIGHTS - A Short Comment on the Case ECJ, C-346/06 (Ruffert) (p. 37)
TRANSNATIONAL WAGES SETTING AS A KEY FEATURE OF A SOCIALLY ORIENTED EUROPEAN INTEGRATION: ROLE AND (QUESTIONABLE) LIMITS OF COLLECTIVE ACTION (p. 45)Edoardo Ales
IS A DECENT WAGE PART OF A DECENT JOB? ANSWERS FROM AN ENLARGED EUROPE (p. 65)
FLEXICURITY: A CONTRIBUTION TO THE SOLUTION OF THE 'INSIDERS - OUTSIDERS' DILEMMA? (p. 81)Teun Jaspers
HOW ‘HAVE NOTS’ CAN BE TURNED INTO ‘HAVES’ (p. 107)
WORKER PARTICIPATION AND INDUSTRIAL DEMOCRACY: STRENGHTENING INFORMATION AND CONSULTATION (p. 125)Pascale Lorber
WORKER PARTICIPATION AND INDUSTRIAL DEMOCRACY: A CHALLENGE FOR EUROPEAN UNITY IN DIVERSITY (p. 141)
The Social Europe Series gives the reader more than an introduction to the social systems of the member states of the European Union. It offers the social security expert with comparative experience the opportunity to place his or her knowledge of (aspects of) foreign social security systems in a broader national context. The series facilitates the broad comparison of the national systems, by describing them according to a uniform structure.
Editorial board: Michael Adler (University of Edinburgh), Anne Davies (University of Oxford), Guus Heerma van Voss (University of Leiden), Frank Hendrickx (University of Leuven & Tilburg University), Frans Pennings (Utrecht University), Sophie Robin-Olivier (University of Paris X Nanterre), Achim Seifert (University of Luxembourg ), Sara Stendahl (Göteborg University) and Bernd Waas (Johann Wolfgang Goethe-University Frankfurt).
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