Reflexive Labour Law, Capabilities and the Future of Social Europe

Author(s):  
Simon Deakin ◽  
Ralf Rogowski
Keyword(s):  
2005 ◽  
Vol 47 (2) ◽  
pp. 358-363
Author(s):  
Mark Thompson

To focus this discussion, "industrial relations" is defined as the organizations and processes through which wages, hours and conditions of work are determined for employees who are represented collectively. This definition excludes topics such as labour history, labour economics and labour law, frequently incorporated into industrial relations research, but separate here. Research should address and attempt to explain the significant features of Canadianindustrial relations, as well as provide the bases for predictions of the future. The distinguishing features of the Canadian industrial relations System for these purposes are its fragmentation, extensive legal regulation and pattern of strikes. Research needs should be based on this description of Canadian industrial relations, including the environment of the System, major actors within it, the processes of industrial relations and the results of negotiation.


2018 ◽  
Vol 14 (1) ◽  
pp. 172-190 ◽  
Author(s):  
Stefano Giubboni

Critical-contextual analysis of case law of the European Court of Justice on employers’ contractual freedom – Fundamental right to be immunised against the alleged disproportional protection enjoyed by employees – Progressive ideological overthrow of the original constitutional assumptions of the founding treaties – Prominent example of ‘displacement of social Europe’ – Court of Justice’s case law on the relationship between freedom to conduct a business and labour law – Neoliberal understanding of the freedom of enterprise – Alternative interpretation of Article 16 of the EU Charter of Fundamental Rights


2005 ◽  
Vol 34 (2) ◽  
pp. 190-192
Author(s):  
Richard Mitchell
Keyword(s):  

1995 ◽  
Vol 24 (4) ◽  
pp. 303-322 ◽  
Author(s):  
B. HEPPLE
Keyword(s):  

2010 ◽  
Vol 9 (1) ◽  
pp. 65-85 ◽  
Author(s):  
Christian Joerges

Will the welfare state survive European Integration? The paper seeks to put this currently intense debate into constitutional perspectives. It starts with a reconstruction of the débat fondateur in post-war Germany on the new Basic Law, which was focused on alleged or real tensions of welfarism with Rechtsstaatlichkeit, the commitment to rule of law. This is the background for the discussion in Section II on legal categories, which Fritz Scharpf has characterised as a decoupling of economic integration from the various welfare traditions of Member States. The third section analyses the ECJ’s recent labour law jurisprudence with its interpretation of the supremacy of European freedoms and its rigid interpretation of pertinent secondary legislation. These controversial moves are bound to provoke fierce opposition on the part of the protagonists of “Social Europe.”


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