Using Italy and the Roma as a case study, this book proves that non-discrimination provisions are not sufficient to protect the cultural identity of minorities: a system encompassing also the use of collective rights is better suited for ...
Author: Claudia Tavani
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004233836
Category: Law
Page: 394
View: 192
Using Italy and the Roma as a case study, this book proves that non-discrimination provisions are not sufficient to protect the cultural identity of minorities: a system encompassing also the use of collective rights is better suited for this purpose.
This book examines collective rights, and collective or class action procedures, in the European Union and selected member states, including Austria, Belgium, Czech Republic, France, Germany, the Netherlands, Portugal, Spain, UK and others.
Author: Rebecca Mooney
Publisher: Hart/Beck
ISBN: 1849463697
Category: Law
Page: 464
View: 164
This book examines collective rights, and collective or class action procedures, in the European Union and selected member states, including Austria, Belgium, Czech Republic, France, Germany, the Netherlands, Portugal, Spain, UK and others. Conceptually, collective rights and redistributive civil justice models conflict with principles of autonomy and fundamental individual rights in liberal legal orders. However, in interconnected modern society, breach of private rights and correlated public norms can inflict mass harm on numerous individuals and on the collective public interest. Constitutional civil, political and equality rights, minority rights, economic, social and cultural rights, and diffuse environmental rights, with individual and collective or solidarity dimensions, arise under European Union law and in various guises across national legal systems. Although EU law is a unifying trait, there is extensive diversity in the recognition and enforcement of collective or solidarity rights across member states. Breach of these rights has particular propensity to cause mass or collective harm. Enforcement can be challenging, but collective or class action procedures, whilst controversial, can facilitate access to justice. As this book reveals, despite European Union harmonization objectives, member states have hugely varying approaches to collective constitutional and private law rights and class or group action enforcement procedures.
The report also provides information on the economic, social and cultural value of collective management, predominantly in the field of music, highlighting Europe's competitive strength in rights management and the characteristics of rights ...
Author:
Publisher:
ISBN: OCLC:1232976938
Category:
Page: 141
View: 142
This study examines the legal framework governing collective management in the field of copyright and neighbouring rights in the European Union, with a particular emphasis on musical works. The report also provides information on the economic, social and cultural value of collective management, predominantly in the field of music, highlighting Europe's competitive strength in rights management and the characteristics of rights management in the European Union. It provides members of the European Parliament with information on national legislation governing collective management as well as a briefing on the reforms proposed by the European Commission in relation to the provision of online music services...
This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law.
Author: ter Haar, Beryl
Publisher: Edward Elgar Publishing
ISBN: 9781788116398
Category: Law
Page: 488
View: 846
This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a ...
Author: Filip Dorssemont
Publisher: Bloomsbury Publishing
ISBN: 9781782252108
Category: Law
Page: 482
View: 647
The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.
This book presents an original multidisciplinary conceptual framework for the analysis of the processes of construction/transformation of workers' social rights.
Author: Bernadette Clasquin
Publisher: Peter Lang
ISBN: 9052012148
Category: Europe
Page: 216
View: 803
This book presents an original multidisciplinary conceptual framework for the analysis of the processes of construction/transformation of workers' social rights. The framework was developed by taking an analysis of employment and social protection in the Latin European countries as starting-point, and thus offers an innovative alternative to the dominant approaches. It takes account of the institutional forms determining employees' resource flows and associated rights, and introduces a new analytical category of «resource regimes». Four spheres are identified for the observation of recent resource regime changes: employment systems, public policy frameworks, social hierarchies and industrial relations systems. The various chapters explore how each of these spheres participates in the institution of social rights over resources, and identify key vehicles of change such as transformations in forms of employment, labour market policies, pension reforms, the swing to a logic of competencies, social pacts, and the processes involved in the construction of the European Union. The book brings to the fore the dynamic relation between employment, wages and social rights and aims to contribute to current debates on social protection reforms and employment policies implemented at both national and European levels.
This book starts with an exercise, proposing a theoretical reflection on the technological path that, over time, has transformed the ways we produce, consume and manage intellectual content subject to copyright protection.
Author: Cláudio Lucena
Publisher: Springer
ISBN: 9783319159102
Category: Law
Page: 50
View: 597
This book starts with an exercise, proposing a theoretical reflection on the technological path that, over time, has transformed the ways we produce, consume and manage intellectual content subject to copyright protection. This lays the groundwork for a further analysis of the main legal aspects of the new European Directive, its improvements, its tendencies and its points of controversy, with special and more concrete attention to how it proposes to address the issues of competition, transparency and multi-territorial licensing. Digital technologies, networks and communication have boosted the production and distribution of intellectual content. These activities are based on a renewable and infinite resource – creativity – which turns this content into strategic artistic, cultural, social, economic and informational assets. Managing the rights and obligations that emerge in this system has never been an easy task; managing them collectively, which is more often than not the case, adds even more complexity. The European Directive on collective management of copyright and related rights and multi-territorial licensing of rights in musical works for online use in the internal market is a policy initiative that seeks to establish an adequate legal framework for the collective management of authors’ rights in a digital environment, recognizing this goal as crucial to achieving a fully integrated Single Market. Part of the Digital Agenda for Europe, it is an effort to promote simplification and to enhance the efficiency of collective rights management by tackling three of the main issues that are currently undermining the business model of collecting societies: competition, transparency and multi-territorial licensing. The book is intended to support students, academics and practitioners by enhancing their general and legal grasp of these phenomena, while also encouraging their collaboration with policymakers and other interested parties in the ongoing task of transposing the Directive into concrete national legislation.
Dimitras, P.E., Recognition of Minorities in Europe: Protecting Rights and Dignity, Minority Rights Group International, 2004. European Roma Information Office, The Situation of Roma in an Enlarged European Union European Roma Rights ...
Author: Claudia Tavani
Publisher: Martinus Nijhoff Publishers
ISBN: 9789004202610
Category: Social Science
Page: 395
View: 812
Using Italy and the Roma as a case study, this book proves that non-discrimination provisions are not sufficient to protect the cultural identity of minorities: a system encompassing also the use of collective rights is better suited for this purpose.
Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the ...
Author: Bernd Waas
Publisher: Kluwer Law International B.V.
ISBN: 9789403523743
Category: Law
Page: 360
View: 584
Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.
The collective complaints procedure was created in 1995 as an optional quasi-jurisdictional monitoring mechanism specific for the protection of social rights, within the framework of the Council of Europe treaty system of the European ...
Author: Giuseppe Palmisano
Publisher: Anthem Press
ISBN: 9781839981432
Category: Political Science
Page: 106
View: 675
The collective complaints procedure was created in 1995 as an optional quasi-jurisdictional monitoring mechanism specific for the protection of social rights, within the framework of the Council of Europe treaty system of the European Social Charter. In recent years, the importance and use of this procedure has increased considerably, in the context of a number of serious economic and social crises which are impacting negatively on the effective enjoyment of social rights in Europe. This short monograph explores and clarifies the specific features, the potential and limits of the collective complaints procedure, intended as a sui generis instrument for the protection of social rights, in the light of its evolutive application by the European Committee of Social Rights (the monitoring body of the European Social Charter) and its real impact on the state and conditions of social rights in the European countries concerned.