Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771278
A. Anastasi
{"title":"Mondialisation, constitution européenne droit social/droits sociaux","authors":"A. Anastasi","doi":"10.1108/03090550510771278","DOIUrl":"https://doi.org/10.1108/03090550510771278","url":null,"abstract":"1. En guise d’introduction.‐ 2. Droit du tra vail, droit social et (des)ordre international.‐ 3. Droit du tra vail, droit social, legalite et droits sociaux.‐ 4. Droit du travail, droit social, legalite et correction des inegalites.‐ 5. Quelques mots a propos du role du Droit dutravail.‐ 6. Reflexions (supplementaires) sur le droit du tra vail: les domaines possibles de speculation theorique et de re cher che appliquee.‐ 7. En matiere des orientations generales du droit du travail a l’epoque contemporaine. ‐ 8. Le defi de la mondialisation.‐ 9. eour un modele economique et so cial europeen.‐ 10. A propos de Constitution europeenne et ..... alentours.‐ 11. Le traitement juridique de la ques tion economique et sociale en Eu rope.‐ 12. Le mythe de la li bre concurrence.‐ 13. Quelques conclusions, pas conclusives.‐","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"30 14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126707365","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771359
D. Ryland
{"title":"Freedom, solidarity and citizenship","authors":"D. Ryland","doi":"10.1108/03090550510771359","DOIUrl":"https://doi.org/10.1108/03090550510771359","url":null,"abstract":"This paper proposes to evaluate the heart of the concept of citizenship of the European Union: namely, freedom of movement and residence. The evolution of citizenship, from its inception in the Maastricht Treaty, as a political concept will be treated. Freedom of movement and residence, with its rights and limitations, historically and legally accrued to economically active persons. Non‐economically ac tive per sons have been given rights in secondary legislation to move and to reside subject to specified conditions and limitations. The jurisprudence of the European Court of Justice, in accordance with which the link with economic in dependence and the freedom to move and reside has been broken, will be critically appraised. Resort to the principle of non discrimination on grounds of nationality in Article 12 of the European Community Treaty, read in conjunction with the citizenship provisions in Articles 17 and 18 EC, has resulted in legal rights for nationals of European Union Member States who are lawfully resident in, and who do not become an unreasonable burden on, the host Member State. Enforceable at the suit of individuals, EU citizenship has given rise to social advantages for non‐economic actors. Citizenship has become a legal source of rights be yond those agreed to by the Member States, the legitimacy for which lies with the degree of financial solidarity accorded under the principle of non‐discrimination and the level of integration of a particular EU citizen into the society of the host Member State. The need to establish a real link and the proportionate legitimate interests of the Member State are limits to citizenship as a source of rights. Nevertheless, it is the intention of this paper to examine the potential for citizenship to transform the polity of the European Union, from one based on economic and social rights, to one based on fundamental rights.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"110 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134444500","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771296
J. Carby-Hall
{"title":"Wherefore art thou oh social responsibility of the enterprise? The United Kingdom experience","authors":"J. Carby-Hall","doi":"10.1108/03090550510771296","DOIUrl":"https://doi.org/10.1108/03090550510771296","url":null,"abstract":"The concept of corporate social responsibility of the enterprise covers a vast territory! This paper proposes to limit the analysis and evaluation of this concept to three distinct aspects. The first will treat the comparatively new and evolving common law implied term in corporated into the contract of employment relating to the enterprise’s social responsibility of respect towards the employee. The second will analyse an other generically linked recent common law development in the field of the enterprise’s social responsibility of respect towards the employee, namely the implied over‐riding term. Thirdly, the novel and developing wider concept of corporate social responsibility will be addressed and assessed. Some concluding thoughts will follow.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133420701","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771287
Umberto Carabelli, V. Leccese
{"title":"Freedom of competition and workers’ protection in conflict. Favour and Non Regression Clauses in EC social directives","authors":"Umberto Carabelli, V. Leccese","doi":"10.1108/03090550510771287","DOIUrl":"https://doi.org/10.1108/03090550510771287","url":null,"abstract":"The paper aims to examine favor and non‐regression clauses, appearing ‐ in several occasions jointly ‐ in European Community social directives, in order to underline the differences in their nature, function and effects on Member States’ legislation, also considering that the favour clause is now present in the article 137 of the Treaty.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"113 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130409775","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771214
M. Weiss
{"title":"Living up to the European Union concept of employee involvement","authors":"M. Weiss","doi":"10.1108/03090550510771214","DOIUrl":"https://doi.org/10.1108/03090550510771214","url":null,"abstract":"Employee involvement in management’s decision making has been a challenge for the European Community (EC) since its beginning. Already in view of the six founding countries the European Economic Community (EEC) was confronted with a significant degree of diversity between the different Member States. This diversity increased with every enlargement, in particular when in 1973 the United Kingdom (UK) and Ireland became members and much later in 2004 when Central and Eastern European (CEE) States together with Malta and Cyprus were included. This diversity in the area of employee involvement in management’s decision‐making is well documented. Therefore, it may be sufficient for the purpose of this paper to only give some broad indications. There are countries, as for example Germany, Austria, the Netherlands or Luxembourg, which have systems with a dual structure where employee involvement in management’s decision‐making institutionally is separated from the trade unions, even if in actual practice the links...","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"222 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115534738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771223
J. Laborde
{"title":"Social Security and the European Union","authors":"J. Laborde","doi":"10.1108/03090550510771223","DOIUrl":"https://doi.org/10.1108/03090550510771223","url":null,"abstract":"The impact of the European Union on Social Security is quite complex and enigmatic. At the starting point, there is a genuine paradox: whereas the construction of a large and unique market supposes, among many others prerequisites, the harmonization of social security systems, this harmonization is left to the good will of the member States since Social security is not truly within the competence of the Union. In these conditions, it is quite obvious that a thought and organised harmonisation is absolutely unreachable. So we have yet very different systems from a State to an other and even the typology is very discouraging with at least four families of systems. As for the article 137 of the EC Treaty, which allows the European bodies to harmonize the different Social security legislations, without being completely vacuous, is extremely limited in its real reach by the rule of unanimity.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126590204","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771313
Philippe Martin
{"title":"Social protection in europe: What model, what rules?","authors":"Philippe Martin","doi":"10.1108/03090550510771313","DOIUrl":"https://doi.org/10.1108/03090550510771313","url":null,"abstract":"Nowadays, most European welfare states have to face a crisis and to adapt themselves in the context of globalisation. This is true for most of the “original” European member states, so what a challenge for the European central and eastern countries that had to reform deeply their social systems in order to fit the rules of the market economy and join the European Union. So the point is to know in which direction the national systems of social protection are going by now.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115705105","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771368
Nikitas Aliprantis
{"title":"The social rights are full and justiciable rights","authors":"Nikitas Aliprantis","doi":"10.1108/03090550510771368","DOIUrl":"https://doi.org/10.1108/03090550510771368","url":null,"abstract":"Considerable confusion reigns as to whether social rights are genuine rights and whether they are justiciable, that is to say whether they are subject to scrutiny by the courts ‐ and, if so, to what extent. The confusion is kept alive not to say enhanced by a large number of legal writers who, for ideological reasons, will not accept that social rights are full rights in themselves and will not even reconcile themselves to the fact that they are part of positive law. I believe therefore that it is important ‐ indeed high time ‐ for us, firstly, to review the various arguments put forward ‐ particularly by German writers ‐ and examine them from a purely legal viewpoint in order to show that social rights are justiciable and, secondly, to highlight the “structural” characteristics of social rights which lend their justiciability certain distinctive traits.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125439853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771241
Bruno Veneziani
{"title":"Fundamental trade union rights and european constitution","authors":"Bruno Veneziani","doi":"10.1108/03090550510771241","DOIUrl":"https://doi.org/10.1108/03090550510771241","url":null,"abstract":"The new European Constitution recognises the function of the role of the social dialogue in the EU context as a key element of the European strategies. But the impression is that the legal outcome contained in the too sober sentences of the European Constitu tion is not coherent with the role gained defacto by social partners today in the national members states and at the EU context. It is still striking the lacking of legal rules to guaranteeing the respect of transnational trade union rights as the right of association and strike. The philosophy promoting collective labour relations at EU level, enshrined in the Constitution, does not find a coherent development in the web of provisions interesting labour law and industrial relations. The language of the social democracy is not increased in all stages of the constitutional itinerary where it would be more appropriate and logic to involve social partners in all fields of their interests: macroeconomy and social policies.","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126155658","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Managerial LawPub Date : 2005-12-01DOI: 10.1108/03090550510771331
A. Świątkowski
{"title":"European social charter: The right to strike","authors":"A. Świątkowski","doi":"10.1108/03090550510771331","DOIUrl":"https://doi.org/10.1108/03090550510771331","url":null,"abstract":"collective action in case of a collective labour conflict. Poland ratified the Charter in 1997, that is seventeen years after the world‐famous Polish Independent and Self‐Governing Trade Union Solidarity had been established. In order to commemorate the 25th anniversary of the establishment of the Union, I shall present a fragment of a monograph on the European Social Charter and, more specifically, on the right of workers to organise and participate in strikes. By means of the aforementioned regulation, both parties of collective employment relationships (workers and employers) were granted the right to take collective action","PeriodicalId":447231,"journal":{"name":"Managerial Law","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130749821","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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