The role of the Court of Justice in EU labour law : a case study on the transfer of undertakings directive /
Case study on the transfer of undertakings directive
Silvia Rainone ; general editor, Frank Hendrickx ; founding editor, Roger Blanpain.
- xiii, 411 pages : illustrations ; 24 cm
- Bulletin of comparative labour relations, volume 112. 0770-3724 ; .
- Bulletin of comparative labour relations ; v. 112. .
Includes bibliographical references (pages 355-384) and index.
Exploring the Role of the Court of Justice in Defining Labour Law -- The First Analytical Layer: The Court from a Labour Law's Doctrinal Perspective -- The Second Analytical Layer: The Court from a Judicial Lawmaking Perspective -- Research Questions, Methodology and Structure -- Introduction -- Labour Law's Origins and Its Transformation -- The Court of Justice and the Purposive Approach to Labour Law: Myth or Reality? -- Concluding Remarks -- Introduction -- Historical Overview of the EU's Approach to Labour Law -- The EPSR: A Paradigm Shift? -- The EU Response to COVID-19: A Game Changer? -- Concluding Remarks -- Introduction -- Directive 2001/23/EC on Acquired Rights in Case of Transfer of Undertaking -- Margin of Generalisation of the Case Study -- Case Study's Structure and Methodology -- The Case Studies -- The Court's Approach to Labour Law -- Concluding Considerations: A First Definition of the Role of the Court -- Introduction -- Political Inclination and Neofunctionalist Theory -- The Court of Justice as the Trustee of EU Integration: The Integrationalist Theory -- Concluding Remarks -- Introduction -- Intergovernmentalism -- The Relevance of National Legal Systems in the Court's Reasoning -- Trans-judicial Dialogue -- Concluding Remarks-- Introduction -- Objects, Structure and Methodology of the Case Study -- A Purposive Approach Behind Labour Law Adjudication -- Influences from the National Context -- Concluding Remarks on the Judicial Lawmaking Logics -- Introduction -- The Main Findings -- Reshaping the Perception of the Court of Justice in Relation to Labour Law -- Introduction -- Chapter 1. Theoretical and Normative Framework -- Chapter 2. Labour Law in EU Policymaking -- Chapter 3. The Court of Justice and Labour Law: A Case Study on the Transfer of Undertakings Directive -- Chapter 4. The Court of Justice as a Judicial Policymaker -- Chapter 5. The Relevance of the National Context in the Reasoning of the Court -- Chapter 6. What's Behind the Decision-Making of the Court of Justice? A Case Study on Directive 2001/23/EC -- Conclusion -- Annex: Case Study Figures for Chapter 6
"'The Role of the Court of Justice in EU Labour Law' is a unique book that augments the discussion on the declining condition of labour law in Europe. While the research touches upon the whole EU social acquis, specific case studies are conducted on the directive on transfer of undertakings – a milestone for the emergence of labour rights at the EU level. How does the Court of Justice of the European Union (CJEU) address the normative tension between economic and social values while interpreting labour norms? And, what are the dynamics and logic that drive its judicial reasoning? This book explores the judicial contribution to the making of EU labour law going beyond a classical labour law disciplinary perspective, and it engages in a thorough analysis of the judicial law-making that lies behind (and explains) the CJEU normative approach." -- "In an unresolved ongoing debate, the Court of Justice of the European Union (CJEU) is often included among the institutional actors responsible for the declining condition of labour law in Europe. Has its case law been more protective of employers' interests than of workers' rights? This innovative book greatly enhances the discussion by bringing to light the judicial lawmaking logic, other than those pertaining to the balancing of social and business values, that drive the CJEU's reasoning in its interpretation of the labour law provisions enshrined in the European Union (EU) law, with particular attention to the directive on transfer of undertakings. Addressing fundamental issues - such as uneven bargaining power, labour as a commodity, coexistence of workers' rights and the market economy - in the context of judicial lawmaking, the author clearly defines the tensions at work: What normative models underlie the approaches of EU institutional policymakers with respect to labour law? Does the CJEU have its own vision of the socioeconomic model to which the Union should adhere? How does the CJEU's interpretative approach stand in relation to the transformation processes that regulators impose on labour law? Is the CJEU particularly attentive to the preferences expressed by national governments, especially those from the most politically influential states, or rather reflect the political pressure of the European Commission? What is the role of trans-judicial dynamics in shaping the CJEU's reasoning in labour law cases? The study is extraordinarily thorough, drawing on a wide range of policy documents, scholarly and doctrinal research, and the entire body of the CJEU's case law on transfer of undertakings. The legal arguments that the CJEU has developed over the years are mapped and classified according to their affinity with the labour law functions that underlie them. With its comprehensive assessment of the normative implications of EU policymaking in the labour and social domains, its thorough exploration of the CJEU's judicial lawmaking dynamics, and its extensive empirical legal analysis of the CJEU's case law on transfer of undertakings, the book has no peers in revealing the forces that guide the CJEU's decisions in the realm of labour law. Of particular value to scholars and researchers interested in EU social policies and constitutional law, the book will also prove of immeasurable value to labour law practitioners aiming to use the case law of the CJEU, as well as to in-house counsel, industrial relation specialists, and trade unionists"--
9789403528960 9403528966
Court of Justice (Court of Justice of the European Union)
Labor laws and legislation--European Union countries. Justice, Administration of--European Union countries. Judge-made law--Europe.