Labour Law in the Courts : National Judges and the ECJ.
Sciarra, Silvana.
Labour Law in the Courts : National Judges and the ECJ. - 1st ed. - 1 online resource (364 pages)
Half Title Page -- Title Page -- Title verso -- Preface -- Contents -- List of Tables -- Contributors -- Abbreviations -- Table of Cases -- 1. Integration Through Courts: Article 177 as a Pre-federal Device -- A. Community Dialogues under Article 177 as a Lawmaking Process -- B. Judges as Legislators: Testing Labour Law Cases -- C. Integration, Interdependence and Multi-level Policy-making -- D. Pre-federal and Pre-constitutional Labour Law in Inter-court Co-operation -- E. A Research Project on Labour Law in the Courts: Exercises in Neo-institutionalism -- 2. Gender Equality: A Fundamental Dialogue -- PART I PRELIMINARY REMARKS -- A. Measurement -- B. Explanations and Evaluations -- C. Legal Texts as the Medium of Communication -- D. Courts as Communicators -- E. Gender Equality as a Fundamental Right -- F. Concluding Remarks -- PART II THE ACTIVE PRELIMINARY REFERENCE COUPLE: GERMANY AND THE UK -- A. Germany and the UK: Who Wants to Talk to the Court of Justice? -- B. German and UK Courts: The Substance and Style of Communication -- C. The Institutional Dynamics of German and UK Dialogue -- D. Political Parties, Law Activists and Courts in Germany -- E. Dialogue on Remedies for Breach of EC Gender Equality Rights -- F. Conclusions on the Active Couple -- PART III THE LANGUID COUPLE: FRANCE AND DENMARK -- A. France: The Pauper of Gender Equality Dialogue -- B. Denmark: A Two-issue, Two-court Dialogue -- C. Conclusions on the Languid Couple -- PART IV THE INACTIVE COUPLE: SPAIN AND ITALY -- A. Spain: A Constitutional Court Dialogue -- B. Dialogue with EC Gender Equality Sources in Italy:A Legislative Love-affair -- C. Constitutional Dialogues on Gender Equality-the Possibilities of Battle -- PART V CONCLUSIONS -- 3. Transfers of Undertakings -- PART I PRELIMINARY REMARKS -- A. The Court and National Courts. B. The ECJ and the Community's Legislative Process -- C. Conclusion -- PART II THE EUROPEAN COURT OF JUSTICE IN THE DIALOGUE ON TRANSFERS OF UNDERTAKINGS: A FALLIBLE INTERLOCUTOR? -- A. Introduction -- B Common Difficulties: A Dialogue with Multiple Voices -- C. Dialogues Confined to Two Voices -- D. Future Dialogues -- E. Conclusions -- PART III TRANSFERS OF UNDERTAKINGS: AN EXPERIENCE OF CLASHES AND HARMONIES BETWEEN COMMUNITY LAW AND NATIONAL LEGAL SYSTEMS -- A. Directive 77/187: a Norm at the Crossroads -- B. Community Provisions on Transfers of Undertakings -- C. Integration of the Community Norm into National Legal Systems:an Interwoven Dialogue in Multiple Scenarios with Diverse Actors -- D. Reception of the Community System of Guaranteesby the National Legal Orders -- PART IV JUDICIAL DEVELOPMENTS OF EC SOCIAL POLICY AND INTRA-COMMUNITY INSTITUTIONAL DIALOGUES: HOW TO DEFINE A 'LEGAL TRANSFER' -- A. Inter-Community and Intra-Community Dialogues -- B. The Unitas Multiplex of the Community System and the Interactions between its Institutional Elements -- C. The Beginning (or What the 1977 Directive Did Not Seem to Mean) -- D. The Transition (or What a New Directive was Supposed to Mean) -- E. The Conclusion? (or the 1998 Directive's Reticences) -- F. The Interplay between Legal and Political Institutions in the Developmentof EC Social Law -- 4. Lessons From Some Secondary Areas of Dialogue -- PART I PRELIMINARY REMARKS -- A. A Wealth of Lessons to be Learned -- PART II JOB CENTRE: AN ILLUSTRATIVE EXAMPLE OF STRATEGIC LITIGATION -- A. A Preamble: The Crucial Notion of an Undertaking -- B. A Useful Deviation from the Main Theme: Albany International BV -- C. Actor-interest Analysis and the Role of Institutions -- D. Job Centre: Academics v. Politicians -- E. Dual Conclusions for a Dual Story. PART III THE EUROPEAN COURT OF JUSTICE AND THE SPANISHLABOUR AND SOCIAL SECURITY COURTS: TWO EXAMPLES -- A. Introduction -- B. Example 1: Inclusion of Higher Management Staff in the Pay Protection Provided under Directive 80/987 -- C. Example 2: Theoretical Calculation of Pensions for Migrant Workers under Regulation 1408/71 -- D. Outlook for the Future -- PART IV NEVER ON A SUNDAY-WHAT HAS (EU) LAW GOT TO DO WITH IT? -- A. How To Do Things With European Rules -- B. Who Does Things With European Rules -- C. The Patterns of Judicial Discourse and the Development of a European Legal Community -- D. The Patterns of Litigation and the Patterns of Participation -- 5. The Complexities of Living With an Interpretation Prerogative - Some Observations on an Imperfect Dialogue -- A. Setting the Frame -- B. The Fallacy of One-way Interpretation -- C. The Comparative Approach and the Domestication of the ECJ -- Index.
This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.
9781847311917
Labor laws and legislation -- European Union countries.
Electronic books.
KJE2855.L333 2001
341.7/63
Labour Law in the Courts : National Judges and the ECJ. - 1st ed. - 1 online resource (364 pages)
Half Title Page -- Title Page -- Title verso -- Preface -- Contents -- List of Tables -- Contributors -- Abbreviations -- Table of Cases -- 1. Integration Through Courts: Article 177 as a Pre-federal Device -- A. Community Dialogues under Article 177 as a Lawmaking Process -- B. Judges as Legislators: Testing Labour Law Cases -- C. Integration, Interdependence and Multi-level Policy-making -- D. Pre-federal and Pre-constitutional Labour Law in Inter-court Co-operation -- E. A Research Project on Labour Law in the Courts: Exercises in Neo-institutionalism -- 2. Gender Equality: A Fundamental Dialogue -- PART I PRELIMINARY REMARKS -- A. Measurement -- B. Explanations and Evaluations -- C. Legal Texts as the Medium of Communication -- D. Courts as Communicators -- E. Gender Equality as a Fundamental Right -- F. Concluding Remarks -- PART II THE ACTIVE PRELIMINARY REFERENCE COUPLE: GERMANY AND THE UK -- A. Germany and the UK: Who Wants to Talk to the Court of Justice? -- B. German and UK Courts: The Substance and Style of Communication -- C. The Institutional Dynamics of German and UK Dialogue -- D. Political Parties, Law Activists and Courts in Germany -- E. Dialogue on Remedies for Breach of EC Gender Equality Rights -- F. Conclusions on the Active Couple -- PART III THE LANGUID COUPLE: FRANCE AND DENMARK -- A. France: The Pauper of Gender Equality Dialogue -- B. Denmark: A Two-issue, Two-court Dialogue -- C. Conclusions on the Languid Couple -- PART IV THE INACTIVE COUPLE: SPAIN AND ITALY -- A. Spain: A Constitutional Court Dialogue -- B. Dialogue with EC Gender Equality Sources in Italy:A Legislative Love-affair -- C. Constitutional Dialogues on Gender Equality-the Possibilities of Battle -- PART V CONCLUSIONS -- 3. Transfers of Undertakings -- PART I PRELIMINARY REMARKS -- A. The Court and National Courts. B. The ECJ and the Community's Legislative Process -- C. Conclusion -- PART II THE EUROPEAN COURT OF JUSTICE IN THE DIALOGUE ON TRANSFERS OF UNDERTAKINGS: A FALLIBLE INTERLOCUTOR? -- A. Introduction -- B Common Difficulties: A Dialogue with Multiple Voices -- C. Dialogues Confined to Two Voices -- D. Future Dialogues -- E. Conclusions -- PART III TRANSFERS OF UNDERTAKINGS: AN EXPERIENCE OF CLASHES AND HARMONIES BETWEEN COMMUNITY LAW AND NATIONAL LEGAL SYSTEMS -- A. Directive 77/187: a Norm at the Crossroads -- B. Community Provisions on Transfers of Undertakings -- C. Integration of the Community Norm into National Legal Systems:an Interwoven Dialogue in Multiple Scenarios with Diverse Actors -- D. Reception of the Community System of Guaranteesby the National Legal Orders -- PART IV JUDICIAL DEVELOPMENTS OF EC SOCIAL POLICY AND INTRA-COMMUNITY INSTITUTIONAL DIALOGUES: HOW TO DEFINE A 'LEGAL TRANSFER' -- A. Inter-Community and Intra-Community Dialogues -- B. The Unitas Multiplex of the Community System and the Interactions between its Institutional Elements -- C. The Beginning (or What the 1977 Directive Did Not Seem to Mean) -- D. The Transition (or What a New Directive was Supposed to Mean) -- E. The Conclusion? (or the 1998 Directive's Reticences) -- F. The Interplay between Legal and Political Institutions in the Developmentof EC Social Law -- 4. Lessons From Some Secondary Areas of Dialogue -- PART I PRELIMINARY REMARKS -- A. A Wealth of Lessons to be Learned -- PART II JOB CENTRE: AN ILLUSTRATIVE EXAMPLE OF STRATEGIC LITIGATION -- A. A Preamble: The Crucial Notion of an Undertaking -- B. A Useful Deviation from the Main Theme: Albany International BV -- C. Actor-interest Analysis and the Role of Institutions -- D. Job Centre: Academics v. Politicians -- E. Dual Conclusions for a Dual Story. PART III THE EUROPEAN COURT OF JUSTICE AND THE SPANISHLABOUR AND SOCIAL SECURITY COURTS: TWO EXAMPLES -- A. Introduction -- B. Example 1: Inclusion of Higher Management Staff in the Pay Protection Provided under Directive 80/987 -- C. Example 2: Theoretical Calculation of Pensions for Migrant Workers under Regulation 1408/71 -- D. Outlook for the Future -- PART IV NEVER ON A SUNDAY-WHAT HAS (EU) LAW GOT TO DO WITH IT? -- A. How To Do Things With European Rules -- B. Who Does Things With European Rules -- C. The Patterns of Judicial Discourse and the Development of a European Legal Community -- D. The Patterns of Litigation and the Patterns of Participation -- 5. The Complexities of Living With an Interpretation Prerogative - Some Observations on an Imperfect Dialogue -- A. Setting the Frame -- B. The Fallacy of One-way Interpretation -- C. The Comparative Approach and the Domestication of the ECJ -- Index.
This book deals with six EU Member States analysing two areas of substantive law: transfer of undertakings and equality legislation.
9781847311917
Labor laws and legislation -- European Union countries.
Electronic books.
KJE2855.L333 2001
341.7/63