The Changing Law of the Employment Relationship

Author: Nicola Countouris
Publisher: Routledge
ISBN: 1317038916
Format: PDF, ePub, Docs
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During the past few decades, industrialized countries have witnessed a progressive crisis of the regulatory framework sustaining the binary model of the employment relationship based on the subordinate employment/autonomous self-employment dichotomy. New atypical and hybrid working arrangements have emerged, challenging the traditional notions of, and divisions between, autonomy and subordination. This in turn has strained labour law systems across industrialized countries that were previously based on the notion of dependent and subordinate employment to cast their personal scope of application. Nicola Countouris advances ideas for a new dynamic equilibrium in employment law to accommodate this evolution, providing a comparative account of the development of the employment relationship in four key European countries - the UK, Germany, France and Italy.

Judicial Application of European Union Law in post Communist Countries

Author: Tatjana Evas
Publisher: Routledge
ISBN: 1317110072
Format: PDF, Kindle
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This book discusses how the plurality of legal norms operating in the European Union can be balanced to produce a functioning, sustainable and legitimate legal system. Presenting a conceptual framework for assessing and comparing transformations of national judicial systems in the context of EU membership, the book contributes to the EU legal theoretical debate on the relationship between 'authority' and 'coherence'. The author develops an original analytical framework of coherence to assess the application of EU law by national courts and uses interdisciplinary scientific methods and research design that combine legal doctrinal and social science methodology to the study of 'classical' legal questions. Providing an extensive database of 2004-2009 national judgments of national courts in Latvia and Estonia, the book offers an extensive comparative review of the jurisprudence of constitutional and supreme courts, as well as providing insight into the jurisprudence of ordinary national courts. It will appeal to legal scholars and political scientists studying courts and jurisprudence.

Constitutional Evolution in Central and Eastern Europe

Author: Alexander H.E. Morawa
Publisher: Routledge
ISBN: 131716170X
Format: PDF
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This book examines EU enlargement by studying how domestic constitutional evolution in the new member states contributes to European integration. In contrast to the usual top-down analytical pattern, it reverses the paradigm by looking at constitutional developments and dynamics from the bottom-up, studying how domestic constitutional evolution contributes to European integration. The authors analyze constitutional trends from the perspective of 'new Member States' as policy-makers and not strictly as policy-takers. The issue of conditionality is also explored in a discussion of the extent to which pre-2004 and 2007 conditionality has had lasting effects at the level of constitutionalization of different areas and norms and if so, of what kind. The exploration of Europeanization effects in recent Member States substantiates and demonstrates how enlargement has been an important driving-force for the effective export of EU legal rules in this region. The book utilizes a comparative approach to highlight the merits and obstacles created by the growing diversity in the constitutional rules and patterns of the new Member States. It also contains a section that places the CEE constitutionalizing map in a broader comparative European and global context, establishing links with similar transitional regimes in the continent and elsewhere.

Central and Eastern Europe After Transition

Author: Wojciech Sadurski
Publisher: Routledge
ISBN: 1317168992
Format: PDF, ePub, Docs
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How have national identities changed, developed and reacted in the wake of transition from communism to democracy in Central and Eastern Europe? Central and Eastern Europe After Transition defines and examines new autonomous differences adopted at the state and the supranational level in the post-transitional phase of the post-Communist area, and considers their impact on constitutions, democracy and legal culture. With representative contributions from older and newer EU members, the book provides a broad set of cultural points for reference. Its comparative and interdisciplinary approach includes a useful selection of bibliographical resources specifically devoted to the Central Eastern European countries' transitions.

Industrial Relations

Author: Trevor Colling
Publisher: Wiley-Blackwell
ISBN: 9781444308853
Format: PDF, Mobi
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This revised edition of Industrial Relations: Theory and Practice follows the approach established successfully in preceding volumes edited by Paul Edwards. The focus is on Britain after a decade of public policy which has once again altered the terrain on which employment relations develop. Government has attempted to balance flexibility with fairness, preserving light-touch regulation whilst introducing rights to minimum wages and to employee representation in the workplace. Yet this is an open economy, conditioned significantly by developing patterns of international trade and by European Union policy initiatives. This interaction of domestic and cross-national influences in analysis of changes in employment relations runs throughout the volume. The structure has been amended slightly. Britain is placed straight away in comparative perspective before attention focuses explicitly on employment relations actors, contexts, processes, and outcomes. Each of the chapters is written by authorities in the field and provides up to date analysis and commentary. A spine of chapters from the preceding volume have been revised and extensively updated and new chapters have been added to refine coverage of issues such as the private sector and developing legal institutions. Overall, a picture emerges of an economy that is in incremental and contested transition. The imperatives of 'globalization' now infuse governance mechanisms that were once responsive principally to domestic agenda and employment standards are set now by the state that once were established through collective bargaining. It is this fragile and emerging model that will be tested significantly through sustained political and economic change. "Completely revised, the latest edition of Industrial Relations provides an invaluable guide to the actors, contexts, processes and significant outcomes within British employment relations. Based on a thorough review of the latest research, it is essential reading for students, academics and those professionally involved in employment relations and human resource management." —Edmund Heery, Cardiff Business School "This is a terrific collection of insightful analyses of British workplace relations in a global context provided by leading scholars. The chapters creatively utilize a multidisciplinary and critical approach that reveals the continuing and unique value of an industrial relations perspective. The volume cleverly assesses how factors including increased demographic diversity, organizational restructuring, globalization, and the reduced coverage of collective bargaining are affecting the nature and evolution of work and workplace relations. It is a must read. —Harry C. Katz, Cornell University, New York "This volume definitely constitutes the most comprehensive and best collection of empirical as well as analytical essays on industrial relations in Great Britain. This substantially revised, enlarged and updated version of its well known predecessors puts the specific national experience in comparative context and international perspective. A truly interdisciplinary volume by leading authorities, this has to be highly recommended for domestic as well as foreign scholars, practitioners and policy makers." —Bernt Keller, University of Konstanz, Germany "With working people facing the worst crisis in generations, this book is a much needed reminder of the crucial importance of employment relations research in Britain. The 3rd edition of Industrial Relations, which coincides with the 40th anniversary of the IRRU at Warwick University, provides a completely updated, cutting-edge analysis by leading scholars on work and employment developments in contemporary Britain. It delivers a most informative view of modern employment, its problems and possibilities. A must for students and practitioners in employment relations, human resource management and industrial sociology." —Professor Carola Frege, London School of Economics and Editor of BJIR