Social law 49 results

The European Yearbook of Disability Law reviews the significant developments at European level regarding disability law and policy.

This book investigates whether one of the basic norms underlying contemporary labour law in the EU - standard work - has been subject to drastic changes. Standard work, usually defined as fulltime, permanent employment for a single employer, has traditionally been the most common form of work structure, and various legal obligations and protections are strongly associated with it. However, standard work seems to have increasingly come under attack in recent years.

This book deals with active ageing and labour law and is dedicated to professor Roger Blanpain at the occasion of his 80th anniversary.

Flexicurity has been a core concept in the EU’s employment debates as of 2006 and was codified into common principles of flexicurity in December 2007. This study explains the development and conclusion of the EU’s flexicurity concept.

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.

This book gives an overview of the legal framework governing industrial relations in the United Kingdom at a time when a possible return of a Conservative government threatens to undermine limited advances in collective employment law.

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?

How should a State treat an irregular migrant worker who is confronted with the realisation of a social risk such as becoming incapacitated for work due to a labour accident? Should he be treated like any other worker and qualify for income replacement benefits, medical benefits and labour-market reintegration measures? Or should he be denied these benefits? This book addresses these questions and sets out proposals on how irregular migrant workers should be treated in national social security law.

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.

The authors of this book critically assess the current stage of social federalism in Belgium and ask how against the background of the major challenge of an ageing population an effective social policy can be shaped. The book considers at which level the bulk of an effective social policy is best situated, what the role of the sub-national entities can be, and which limitations are imposed by the constitutional and European framework. The various forms of power allocation are considered for social federalism in Belgium.

This book analyses the reaction of some countries to the financial and economic crisis of 2007 with regard to the effect of this economic downturn on pensions. Both European and Anglo-Saxon countries are examined. It thus clarifies the main problems with regard to accounting standards for occupational retirement schemes, the funding of both DC and DB pension schemes, the governmental troubles with PAYG schemes. Recommendations and lessons from these various countries give an insight in possible solutions.

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.

Our social security systems face many challenges. Economic crises, the ageing of the population and changing employment patterns call for a reorientation of policies. In the last few decades the introduction of private elements has often been advocated as a way forward. This book addresses the questions to which this privatisation gives rise.

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.

Recent cases decided by the European Court of Justice have raised crucial issues regarding the scope for collective action in Europe. In this context, this collection of essays investigates treatment of the right to strike in seven Member States of the European Union: Belgium, France, Germany, Italy, Spain, the Netherlands and the United Kingdom. Each national report examines how legal regulation seeks to address conflicting interests, namely those of employers, workers and the public at large. Each report also outlines the potential impact of EU jurisprudence in that country.

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.