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The Charter of Fundamental Rights of the European Union and the Employment Relation de Filip Dorssemont

The Charter of Fundamental Rights of the European Union and the Employment Relation

Editat de Filip Dorssemont, Klaus Lörcher, Stefan Clauwaert, Mélanie Schmitt
en Limba Engleză Hardback – 3 apr 2019
The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, ofThe European Convention of Human Rights and the Employment Relation(2013) andThe European Social Charter and the Employment Relation(2017).
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Specificații

ISBN-13: 9781509922659
ISBN-10: 1509922652
Pagini: 712
Dimensiuni: 156 x 234 mm
Greutate: 1.23 kg
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Locul publicării:London, United Kingdom

Caracteristici

Provides a critical account of the effectiveness of these rights

Notă biografică

Filip Dorssemont is Professor of Labour Law at the Catholic University of Louvain (UCL) and the Free University of Brussels (VUB), Belgium.Klaus Lörcher is former Legal Adviser to the European Trade Union Confederation (ETUC) and former Legal Secretary of the Civil Service Tribunal of the European Union.Stefan Clauwaert is a Senior Researcher at the European Trade Union Institute (ETUI).Mélanie Schmitt is Senior Lecturer in Labour Law at the University of Strasbourg, France.

Cuprins

1. Introduction Klaus Lörcher, Filip Dorssemont, Stefan Clauwaert and Mélanie Schmitt PART IGENERAL PART2. The CFREU and its Specific Role to Protect Fundamental Social Rights Olivier De Schutter3. The Future of the Charter on Fundamental Rights of the European Union Antoine Jacobs4. In Search of the EU's Social Constitution: Using the Charter to Recalibrate Social and Economic Rights Simon Deakin5. The Concept of the 'Employment Relation' Joanna Unterschütz6. Application (Article 51) and Limitations (Article 52(1)) Aristea Koukiadaki7. Interpretation and Minimum Level of Protection Klaus Lörcher8. Procedure: Litigating before EU Courts in the Light of the Charter Zane Rasnaca PART IISPECIFIC ARTICLESTitle I - Dignity9. Article 1 - Human Dignity Barbara Kresal10. Article 5 - Prohibition of Slavery and Forced Labour Niklas Bruun and Joanna UnterschützTitle II - Freedoms11. Article 7 - Protection of Private and Family Life Frank Hendrickx12. Article 8 - Protection of Personal Data Frank Hendrickx13. Article 10 - Freedom of Thought, Conscience and Religion Fleur Laronze14. Article 11 - Freedom of Expression and Information Elliot Cobbaut15. Article 12 - Freedom of Assembly and of Association Antoine Jacobs16. Article 15 - Freedom to Choose an Occupation and Right to Engage in Work Simon Deakin17. Article 16 - Freedom to Conduct a Business Bruno Veneziani18. Article 17(2) - Right to Intellectual Property Niklas BruunTitle III - Equality19. Articles 20 and 21 - Equality and Non-discrimination Niklas Bruun20. Article 23 - Equality Between Men and Women Csilla Kollonay LehoczkyTitle IV - Solidarity21. Article 27 - Worker's Right to Information and Consultation within the Undertaking Bruno Veneziani22. Article 28 - Right of Collective Bargaining and Action Filip Dorssemont and Marco Rocca23. Article 30 - Protection in the Event of Unjustified Dismissal Mélanie Schmitt24. Article 31 - Fair and Just Working Conditions Klaus Lörcher25. Article 32 - Prohibition of Child Labour and Protection of Young People at Work Antoine Jacobs26. Article 33 - Family and Professional Life Csilla Kollonay Lehoczky and Barbara KresalTitle VI - Justice27. Article 47 - Right to an Effective Remedy and to a Fair Trial Klaus Lörcher28. Conclusions Filip Dorssemont, Klaus Lörcher, Stefan Clauwaert and Mélanie Schmitt

Descriere

The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).