Effective Enforcement of EU Labour Law

Erscheinungsjahr 2022
ISBN: 978-1-5099-4441-5
Verlag: Hart Publishing

Buch, Englisch, 592 Seiten, Hardback, Format (B × H): 236 mm x 160 mm, Gewicht: 1060 g

This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective.

Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap.

Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.

Autoren/Hrsg.

Rasnaca, Zane

Koukiadaki, Aristea

Bruun, Niklas

Lörcher, Klaus

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Europarecht Europäisches Arbeits- und Sozialrecht
• Rechtswissenschaften Arbeitsrecht Antidiskriminierung (AGG), Gleichbehandlung

Inhaltsverzeichnis

PART I
UNDERSTANDING ENFORCEMENT
1. The Enforcement Structure for EU Labour Law

Antoine Jacobs (Tilburg University, the Netherlands)
2. Remedies and Sanctions in EU Labour Law

Aristea Koukiadaki (University of Manchester, UK)
3. Access to Justice

Klaus Lörcher (formerly European Trade Union Conference, Belgium)
4. Enforcing EU Labour Law by Means of Administrative Law

Joanna Unterschütz (University of Business and Administration in Gdynia, Poland)
5. Enforcement by Means of Criminal Law

Joanna Unterschütz (University of Business and Administration in Gdynia, Poland)
6. Soft Methods of Enforcement of European Labour Law Standards

Csilla Kollonay-Lehoczky (Central European University, Hungary)
7. Strategic Enforcement of EU Labour Law

Klaus Lörcher (formerly European Trade Union Conference, Belgium)
8. Enforcement of EU Labour Law in a Transnational Context

Mijke Houwerzijl (Tilburg University, the Netherlands)
9. The EU's Role in the Extra-territorial Enforcement of Labour Laws

Simon Deakin (University of Cambridge, UK) and Bhumika Billa (University of Cambridge, UK)

PART II
ENFORCEMENT IN SPECIFIC AREAS OF EU LABOUR LAW
10. Enforcing Non-discrimination

Csilla Kollonay-Lehoczky (Central European University, Hungary)
11. Enforcing EU Information and Consultation Rights

Silvia Rainone (European Trade Union Institute, Belgium)
12. Enforcing Migrant and Mobile Workers' Rights

Zane Rasnaca (European Trade Union Institute, Belgium)
13. Enforcing the Rights of Non-standard Workers

Barbara Kresal (University of Ljubljana, Slovenia)
14. Towards Effective Enforcement of Occupational Health and Safety Law in the European Union
Aude Cefaliello (European Trade Union Institute, Belgium)

PART III
MECHANISMS AND SPECIFIC ACTORS FOR ENFORCING EU LABOUR LAW
15. Enforcing EU Law via Collective Action

Giovanni Orlandini (University of Siena, Italy)
16. Collective Actors Enforcing EU Labour Law
Filip Dorssemont (Catholic University of Louvain, Belgium)
17. The European Labour Authority: Missing Link in the Cross-Border Enforcement of EU Labour Law

Piet Van Nuffel (KU Leuven, Belgium)
18. The Alert (Whistleblowing) in Light of the Enforcement of European Labour Law

Elliot Cobbaut (Catholic University of Louvain, Belgium)
19. Enforcing Labour Law via Public Procurement
Niklas Bruun (Hanken School of Economics, Finland)
20. The European Pillar of Social Rights: Transforming Promises into Reality

Olivier de Schutter (Catholic University of Louvain, Belgium)
21. Enforcing EU Labour Law in the Context of EU Economic and Monetary Policy

Mélanie Schmit (Housing First Europe, the Netherlands) and Marco Rocca (National Centre for Scientific Research, France)
22. Proposal for a Directive on Effective Enforcement

Zane Rasnaca (European Trade Union Institute, Belgium), Aristea Koukiadaki (University of Manchester, UK), Klaus Lörcher (formerly European Trade Union Confederation, Belgium) and Niklas Bruun (Hanken School of Economics, Finland)

Conclusion

Zane Rasnaca (European Trade Union Institute, Belgium), Aristea Koukiadaki (University of Manchester, UK), Klaus Lörcher (formerly European Trade Union Confederation, Belgium) and Niklas Bruun (Hanken School of Economics, Finland)

Über Autor(innen)

Bruun, Niklas
Niklas Bruun is Emeritus Professor in Private Law at the University of Helsinki, former Professor in Commercial Law at Hanken School of Economics, and President of the Board of the University of Helsinki, Finland.

Koukiadaki, Aristea
Aristea Koukiadaki is Professor of Labour Law and Industrial Relations at the Department of Law, School of Social Sciences, University of Manchester and member of the Transnational Trade Union Rights Experts group.

Rasnaca, Zane
Zane Rasnaca is Senior Researcher at the European Trade Union Institute and the affiliated member at the Institute for European law (KU Leuven).

Lörcher, Klaus
Klaus Lörcher is the former Legal and Human Rights Advisor of the European Trade Union Confederation and former Legal Secretary of the Civil Service Tribunal of the European Union, Germany.

Zane Rasnaca is Senior Researcher at the European Trade Union Institute (ETUI), Belgium, and Affiliated Member at the Institute for European Law (KU Leuven), Belgium.
Aristea Koukiadaki is Professor of Labour Law and Industrial Relations at the Department of Law, School of Social Sciences, University of Manchester, UK, and member of the Transnational Trade Union Rights Experts group.

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), Belgium, and former Legal Secretary of the Civil Service Tribunal of the European Union, Luxembourg.