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Article
Publication date: 15 December 2003

Diane Ryland

Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was…

Abstract

Aims to trace the legal bases for the protection of fundamental rights in the European Community and the European Union, but looks here at internal policy only. Though there was no basis in the Treaty of Rome (1957) for human rights, the European Court of Justice has declared that fundamental human rights are enshrined in the general principles of Community law and thereby protected by the Court. Investigates the Charter, in full, herein

Details

Managerial Law, vol. 45 no. 5/6
Type: Research Article
ISSN: 0309-0558

Keywords

Book part
Publication date: 7 October 2020

Nicolas Jabko

Sovereignty retains considerable currency today insofar as it fuses ordinary understandings of the state, the nation, and democracy. Against widespread expectations, however, the…

Abstract

Sovereignty retains considerable currency today insofar as it fuses ordinary understandings of the state, the nation, and democracy. Against widespread expectations, however, the European Union has increasingly harnessed sovereignty as a source of vitality. We are thus witnessing a mainstreaming of populist politics, as the rhetoric of sovereignty no longer disqualifies new EU institutions and policies. This can be better understood if we consider sovereignty, from a constructivist perspective, as an evolving set of practices. First, sovereignty evolves within political and administrative circles, as European officials act to modify longstanding practices of state sovereignty. Second, sovereignty evolves in an increasingly politicized context, as political leaders dramatize EU crises in order to mobilize coalitions around new practices of popular sovereignty. This dual dynamic of state sovereignty and popular sovereignty is demonstrated in the case of the Eurozone and then extrapolated to the current trajectory of the EU polity against the benchmark of US federalism after the Civil War. An open question is whether sovereignty practices in the European Union will continue to evolve without compromising the Union's cosmopolitan and liberal objectives.

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Europe's Malaise
Type: Book
ISBN: 978-1-83909-042-4

Keywords

Book part
Publication date: 7 October 2020

Brendan O'Leary

The European Union (EU) is not a state, though it has some statelike attributes; it is not an empire, though it includes many former European imperial powers; and it is not a…

Abstract

The European Union (EU) is not a state, though it has some statelike attributes; it is not an empire, though it includes many former European imperial powers; and it is not a federation, though Euro-federalists seek to make it one. There is, however, no need to argue that the Union is a singularity, nor to invent novel terminology, such as that deployed by “neo-functionalists” and “intergovernmentalists” to capture its legal and political form. The EU is a confederation, but with consociational characteristics in its decision-making styles. This conceptualization facilitates understanding and helps explain the patterns of crises within the Union.

Article
Publication date: 1 September 1994

Paul Teague

EU social policy is perhaps the most controversial aspect of Europeanintegration yet, despite all the political clashes on the matter,concepts like “social Europe” or “social…

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Abstract

EU social policy is perhaps the most controversial aspect of European integration yet, despite all the political clashes on the matter, concepts like “social Europe” or “social dimension” remain ill‐defined and imprecise terms. Intends to outline and clarify in detail the debate about whether or not the European Union should have competence with regard to labour market affairs. A key message is that social policy has been controversial because it has become embroiled in the debate about the future political direction of the EU. In particular, three contrasting political models –symbiotic integration, integrative federalism and neo‐liberalism – have been put forward as organizing principles for the EU and each has a coherent view of what form social policy should take at the European level. It is the clash between these three models that has caused EU social policy to be so contestable and intractable.

Book part
Publication date: 29 January 2021

Björn Hacker

In a globalised economy, the EU, being self-confident, could shape international standards by defending and promoting its own socioeconomic model. Social democratic parties…

Abstract

In a globalised economy, the EU, being self-confident, could shape international standards by defending and promoting its own socioeconomic model. Social democratic parties rhetorically confess the need for a ‘European social model’, but meanings and ways to achieve it differ largely. In a comparative case study on the programmatic positioning of the German Sozialdemokratische Partei Deutschlands and the Spanish Partido Socialista Obrero Español, the parties' perspectives on the integration mode and their handling of the Economic and Monetary Union framework and its crisis over the last decade are traced. Although similar paths from neoliberal convictions of the ‘third way’ to a positive integration process in a fiscal union setting are found, the scope and levels vary, illustrating the abilities of both parties to meet new transnational challenges. The crisis of the Eurozone was a definitive turning point for the positioning of the Social Democrats in Spain in favour of more political and fiscal integration. In contrast, their German comrades already advocated increased social integration of the EU since 2005 but remained very cautious regarding reforms of the economic framework established by the Eurozone.

Article
Publication date: 1 July 2006

J.R. Carby‐Hall

This article aims to analyse the development of the concept of social dialogue in the UK as it has been encouraged by the European Union vision of social democracy. The starting…

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Abstract

Purpose

This article aims to analyse the development of the concept of social dialogue in the UK as it has been encouraged by the European Union vision of social democracy. The starting points for the discussion are articles 27 and 28 of the Character of Fundamental Rights of the European Union on information and consultation and collective bargaining and collective agreements, respectively.

Design/methodology/approach

The European context for developments is followed by a historical sketch of the topics included in the discussion. Analysis and evaluation is then presented of the evolving concept of social partnership and the traditional forms of “social dialogue” in the UK – collective bargaining and collective agreements; trade union recognition for collective bargaining; disclosure of information for collective bargaining purpose. Some former collective bargaining systems are also included in the analysis.

Findings

The focus of the discussion is the influence of European law on information and consultation in three discreet areas – the transfer of undertakings; collective redundancies and health and safety at work. The general conclusion is that the discreet notions of social dialogue which emanate from the Charter of Fundamental Rights of the European Union spell good laws, good governance and effective democracy.

Originality/value

The article analyses the development of the concept of social dialogue.

Details

Managerial Law, vol. 48 no. 4
Type: Research Article
ISSN: 0309-0558

Keywords

Article
Publication date: 5 October 2010

Valeria Pulignano

The purpose of this paper is to consider the situation of workers' rights in the context of European Works Councils (EWCs) in the metalworking sector.

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Abstract

Purpose

The purpose of this paper is to consider the situation of workers' rights in the context of European Works Councils (EWCs) in the metalworking sector.

Design/methodology/approach

The paper examines the preconditions, forms and patterns of trade union transnational coordination under the regime of cross‐border competition and, in particular, its transnational implications for employment regulation in multinationals in Europe. The paper is based on evidence from the metal sector at the European Union level in the direction of establishing a framework for transnational bargaining at company level in Europe.

Findings

The paper argues that workers' representation rights at the European level (EWCs) and their resources can be very important in supporting the trade unions' bargaining activity in a situation of cross‐border negotiation in multinational companies. In the absence of a legal framework, the very recent engagement by the European trade union movement to coordinate bargaining across borders, while stipulating agreements at the European company level (European Framework Agreements) for common regulatory purposes, represents a “necessary” and “essential” – although not “sufficient” condition – for transnational collective bargaining.

Originality/value

The paper ties the formation of EWCs to the early European project of a “social Europe”.

Details

Employee Relations, vol. 32 no. 6
Type: Research Article
ISSN: 0142-5455

Keywords

Article
Publication date: 1 January 1979

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still…

Abstract

In order to succeed in an action under the Equal Pay Act 1970, should the woman and the man be employed by the same employer on like work at the same time or would the woman still be covered by the Act if she were employed on like work in succession to the man? This is the question which had to be solved in Macarthys Ltd v. Smith. Unfortunately it was not. Their Lordships interpreted the relevant section in different ways and since Article 119 of the Treaty of Rome was also subject to different interpretations, the case has been referred to the European Court of Justice.

Details

Managerial Law, vol. 22 no. 1
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 28 February 2024

Helene Langbein

This study aims to analyze the effect the liberalization of industrial relations in Germany has had on trade unions’ influence on companies’ decisions. Particular attention is…

Abstract

Purpose

This study aims to analyze the effect the liberalization of industrial relations in Germany has had on trade unions’ influence on companies’ decisions. Particular attention is given to European measures of flexibilizing company law and how they affect industrial relations in Germany.

Design/methodology/approach

After presenting a theoretical basis regarding industrial relations and corporate governance, the paper then demonstrates, via a case study, the effects of the flexible European company law. It examines the strategic avoidance of trade union activity at SAP, a case that ended up before the European Court of Justice.

Findings

The flexibility of European company law allows companies to limit the influence of trade unions on company decisions. Limiting trade unions' internal participation weakens their position overall. Precautionary measures to protect employees’ rights help to reduce the dangers of this process.

Originality/value

The influence of European law brings a new perspective to the transformation of the German industrial relations model. The analysis of the strategy of using the legal type of the European company (Societas Europaea) to limit the internal activity of trade unions demonstrates the connection between institutional settings and corporate governance.

Details

Critical Perspectives on International Business, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1742-2043

Keywords

Book part
Publication date: 20 April 2023

Omca Altın

With the dissolution of the Soviet Union, the European Union (EU) expanded, and its borders, and therefore its neighbors, changed. Hence, the EU needed a new policy to ensure its…

Abstract

With the dissolution of the Soviet Union, the European Union (EU) expanded, and its borders, and therefore its neighbors, changed. Hence, the EU needed a new policy to ensure its borders' security and improve relations with its neighbors. The idea of establishing a European Neighborhood Policy (ENP) thus emerged. One of the closest neighbors of the EU, Ukraine has always been in a priority position in the ENP, as it is a very important state for establishing a safe neighborhood. In this context, this article examines the EU's Ukraine strategy within the framework of ENP as a foreign policy instrument and its impact on Ukraine and EU–Ukraine relations by evaluating ENP's success based on the Euromaidan and Crimean crises.

Details

The European Union in the Twenty-First Century
Type: Book
ISBN: 978-1-80382-537-3

Keywords

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