This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
How can the EU's community of welfare states adapt their public policies to economic globalization? What happens when the economic and social aims of the EU come into conflict? This book examines the developing legal regimes and regulation of public services in the UK and other European countries. Public services are examined though a case-study of the complex area of public employment services. These are job-placement and vocational training services which aim to maximize employment and minimize unemployment within EU member States' Active Labour Market policies. Employment services are at the centre of a complex web of rules in both hard and soft forms of law deriving from the EU, national public law and from private, and at times contractual, agreements. They also lie at the crossroads of a series of trends in regulation, and priorities have been inspired by an array of conflicting policy rationales. These policy rationales include the establishment of an open and competitive European internal market, the establishment of an efficient welfare state, the scaling down of state administrative machinery, the fulfilment of core public service responsibilities, and the creation of public-private partnerships. Public employment services provide a highly informative and novel case study of the interaction and conflict between the economic and social aims of the EU and between regulation at national and supranational levels, and the changing forms which this regulation has taken.
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.
This book explores the conceptual framework of European employment law, focusing on understanding the law's construction of employment relationships. The book draws on extensive comparative research of the legal architecture of employment relations in national legal systems and EU law to analyse the traditional model of the contract of employment and the difficulties of using the traditional model to frame modern working relationships. The authors then present a new model of the foundations of employment relationships, based on the concept of a personal work nexus, and explore the potential of their model to shape the future development of employment law. Throughout the book, the authors analyse the interaction of domestic and EU employment law, and discuss the possibility of future legal harmonisation in the area. They conclude by exploring the potential for a common framework for European employment law, in the context of broader debates surrounding the harmonisation of European private law.
Employment services are at the centre of a complex web of rules deriving from the EU, national public law and from private agreements. This book examines the law and regulation of public services through case studies of the public employment services in EU member states.
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