Employment Law at the European Court of Justice : Judicial Structures, Policies and Processes.

Prelims -- Title page -- Contents -- Acknowledgements -- Introduction -- The objective and remit of the book -- The problem with deconstruction -- The individual chapters -- The legislative background -- 1 The Operation of the Court of Justice of the European Communities -- Introduction -- The court and its members -- Internal structure: administrative and judicial -- Case management -- Written phrase of procedure -- Oral phrase of procedure -- The deliberation -- 2 Article 234 EC and EC Employment Law: Is the Preliminary Reference Procedure Still Working? -- Introduction -- An overview of the essential features of article 234 EC -- The changing nature of the relationship between national courts and the court of justice (i): the the adjudicative role pursuant to article 234 EC -- The changing nature of the relationship between national courts and the court of justice (ii): the thorny question of (in)admissibility -- The quality of the court's preliminary rulings under attack -- Revising the role of national courts in the reference procedure -- 3 EC Social and Labour Law and Employment Policy: Judicial Perspectives and the Flexibility Debate -- Introduction -- EC judicial perspectives on EC social and labour law -- The contested consequences of labour market regulation -- Employment policy in the EC treaty -- Concluding remarks -- 4 Economic v Social Policy Considerations in Indirect Sex Discrimination Cases -- Introduction -- The dual economic and social aims of EC equality law: from defrenne to schroder -- The development of the early jurisprudence of the court on indirect sex discrimination -- Indirectly discriminatory employment policies and practices and the standard of judicial scrutiny -- Indirectly discriminatory national legislation and the standard of scrutiny -- Member state social policies and supranational judicial scrutiny.

Article 234 EC and indirect sex discrimination cases -- 5 Reconciling Pregnancy, Maternity and Family Responsibilities with the Fundamental Principle of Equality and the Demands of the Workplace -- Introduction -- Pregnany and maternity protection through the case-law of the court of justice -- Judicial endeavers to cater for working women's family responsibilities -- Legislating for special protection -- 6 Employment Protection: Struggling with Acquired Rights -- The original legislative framework governing transfers of undertakings: directive 77/187 -- Judicial development of directive 77/187 -- What constitutes a legal transfer? -- The legislative response to the court's case-law on aquired rights: directives 98/50 and 2001/23 -- Reconciling employment protection and business interests -- The preliminary reference procedure and the aquired rights directives -- Bibliography -- Index.

This book examines the Court of Justice's contribution in the employment law field in its political and economic context.

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Electronic reproduction. Ann Arbor, Michigan : ProQuest Ebook Central, 2024. Available via World Wide Web. Access may be limited to ProQuest Ebook Central affiliated libraries.