Book Review: European Employment Law: A Systematic Exposition by Riesenhuber, Karl

IF 1.5 Q3 PUBLIC ADMINISTRATION
Primož Rataj
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引用次数: 0

Abstract

European Employment Law: A Systematic Exposition is volume 4 of the Ius Communitatis series, a well-known series that covers the most important topics in the ‘Europeanisation’ of law, such as European Union (EU) company, consumer, migration, criminal, social security and also employment law. The present volume, first published in 2012, represents a timely revised second edition after nearly a decade. The author of this remarkable volume is Karl Riesenhuber, Professor of several fields of law at Ruhr-Universität Bochum, Germany, who managed to compile it with the support of his (research and study) assistants. It needs to be stressed that the volume does not concern, and is demarcated from, comparative employment law of EU Member States. Instead it relates to EU primary law and many sources in secondary legislation, as well as the growing body of case law of the Court of Justice of the EU. The volume is structured so as to provide the relevant European complement to a traditional legal area, one of the cornerstones of national legal systems that is quite substantially influenced by European law. It covers the complete scope of European employment law up to March 2021 and is divided into five thematic parts, namely, foundations, conflict of laws, protection of personality rights, and the largest parts concerning individual and collective employment law. Parts on protection of personality rights and individual employment law are further divided into several chapters, the former into chapters on anti-discrimination law and data protection, and the latter into chapters concerning employment conditions, workers’ safety and health, atypical forms of employment, protection of specific groups of workers and employee protection in business restructuring and insolvency. For those who already know the first edition of the book, the revised second edition has, therefore, retained the basic structure of the entire work and has remained largely unchanged along with the structure of most of the chapters. Nevertheless, the new edition is nearly 200 pages longer with additions almost throughout, especially due to the new developments in CJEU case law and (legal) scholarship, such as journals, commentaries and handbooks as well as numerous monographs and articles on individual topics. The sheer size difference also reflects the inclusion of novelties due to legislative changes in the past decade. The (new) second edition takes account of the 2018 reform of the Posting of Workers Directive, the further development of the Written Statement Directive into the Transparency Directive, the new Whistleblower Directive, and the further developed Parental and Carers’ Leave Directive (all from 2019). Moreover, the Company Law Directive as Book Reviews
书评:《欧洲就业法:一个系统的阐释》,里森胡贝尔,卡尔
《欧洲就业法:系统性论述》是《国际劳工联合会公报》系列的第4卷,这是一个著名的系列,涵盖了法律“欧洲化”中最重要的主题,如欧盟(EU)公司、消费者、移民、刑事、社会保障以及就业法。本卷于2012年首次出版,是近十年后及时修订的第二版。这本引人注目的书的作者是德国波鸿鲁尔大学几个法律领域的教授Karl Riesenhuber,他在(研究和研究)助理的支持下成功地编纂了这本书。需要强调的是,该数量与欧盟成员国的比较就业法无关,并与之划清界限。相反,它涉及欧盟初级法律和次级立法的许多来源,以及欧盟法院日益增多的判例法。该卷的结构旨在为传统法律领域提供相关的欧洲补充,传统法律领域是受欧洲法律影响很大的国家法律体系的基石之一。它涵盖了截至2021年3月的欧洲就业法的完整范围,分为五个主题部分,即基础、法律冲突、人格权保护,以及涉及个人和集体就业法的最大部分。关于人格权保护和个人就业法的部分进一步分为几个章节,前者分为反歧视法和数据保护章节,后者分为关于就业条件、工人安全和健康、非典型就业形式、,对特定工人群体的保护以及企业重组和破产中的雇员保护。因此,对于那些已经知道该书第一版的人来说,修订后的第二版保留了整个作品的基本结构,并且与大多数章节的结构基本保持不变。尽管如此,新版长了近200页,几乎贯穿始终,特别是由于欧盟法院判例法和(法律)学术的新发展,如期刊、评论和手册,以及许多关于个别主题的专著和文章。纯粹的规模差异也反映了由于过去十年的立法变化而包含的新颖性。(新的)第二版考虑到了2018年《工人张贴指令》的改革、《书面声明指令》进一步发展为《透明度指令》、新的《举报人指令》以及进一步发展的《育儿假和看护假指令》(均自2019年起)。此外,作为书评的公司法指令
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来源期刊
European Journal of Social Security
European Journal of Social Security PUBLIC ADMINISTRATION-
CiteScore
1.80
自引率
14.30%
发文量
28
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