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Effective Enforcement of EC Labour Law

Effective Enforcement of EC Labour Law

Edited by Jonas Malmberg


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Effective Enforcement of EC Labour Law deals with the rules designed to enforce EC labour law directives in the workplace. Directives normally do not provide any specific rules on procedures and sanctions according to which the substantive rules of the directives are to be enforced. Instead, domestic rules shall apply. However, the European Court of Justice has developed some principles of enforcement that limit the autonomy of the Member States. The aim of this book is to analyse the meaning of the principle of effective enforcement developed by the Court in three areas of labour law:
  • working time in the context of EU health and safety law;
  • the restructuring of enterprises through collective redundancies and transfers of undertakings; and
  • equality of opportunity between women and men.

    The principle of effective enforcement is analysed in the light of how labour law directives are enforced in France, Germany, Italy, the Netherlands, Sweden and the UK. The book also includes an analysis of regulations in Poland, which illustrates some of the challenges that candidate countries will face in joining the EU.

    Effective Enforcement of EC Labour Law is the result of collaboration between a group of labour law researchers from a number of European countries. The work has been co-ordinated by Jonas Malmberg, Associate Professor at the National Institute for Working Life, Stockholm, and Uppsala University.

  • Last Updated 06/27/2003
    Update Frequency As Needed
    Product Line Kluwer Law International
    ISBN 9789041121608
    SKU 10059027-0001
    Table of Contents
    Preface, Abbreviations, Presentations of the authors, Foreword 1 Introduction 1.1 Introducing the project 1.2 Development of the principle of effective enforcement 1.3 Strategies for shaping and enforcing labour law 1.4 EC law on equal treatment, restructuring of enterprises and working time 2 Industrial relations processes 2.1 Introduction 2.2 Support for negotiations in European law 2.3 Support for negotiations in national labour law 2.4 Negotiations about the application of rules 2.5 Industrial action as a means of enforcement 2.6 Conclusions concerning negotiations and industrial action as a means of enforcement 3 Administrative processes 3.1 Introduction 3.2 The changing role of public authorities with regard to working time regulations 3.3 The supporting role of administrative authorities in restructuring 3.4 The advisory role of equality agencies 3.5 Concluding remarks 4 Judicial processes 4.1 Taking the initiative in judicial enforcement 4.2 Interim decision making power 4.3 Aspects of judicial procedures - time limits, burden of proof, ex officio application of EC law 5 Effective sanctions 5.1 Introduction 5.2 Requirements of European Law with regard to judicial sanctions 5.3 Nullity/reinstatement 5.4 Damages 5.5 Claims for performance and injunctions 5.6 Conclusions 6 Effective Enforcement of EC Labour Law in Poland 6.1 Introduction 6.2 Industrial relations processes 6.3 Administrative process 6.4 Judicial processes 6.5 Outcomes of the enforcement process 7 Four lessons References, Index