Eu Intervention In Domestic Labour Law

Hardcover | June 7, 2007

byPhil Syrpis

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This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist,economic and social arguments which have been deployed in defence of EU intervention. It critically considers the competence of the EU to act in this field, and seeks to demonstrate that proper regard for the subsidiarity and proportionality principles can contribute to the legitimacy of the EU. The book is informed by the ongoing debate on governance in Europe, and aims to provide insights into the implications of shifts in policy-making technique. From the governance perspective, labour law is a particularly useful focus of study, given the range of traditional and new approaches togovernance which have been attempted, from harmonisation through framework measures to the open method of coordination, and the range of actors involved in the policy making process. The intention is not to provide an exhaustive account of European intervention in the labour law arena. Instead it provides a framework to enable the reader to think about the role that the EU has, and should, play in this field, and argues that European level intervention can make a valuablecontribution to the making of labour law in European Member States.

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This book investigates the extent to which the European Union intervenes, and should intervene, in domestic labour law. It examines the stated and potential rationales for EU intervention, and argues that there are considerable merits to be derived from separating out the integrationist,economic and social arguments which have been dep...

Phil Syrpis studied Law at Jesus College, Cambridge in 1990-1993, and acquired a BCL at Wadham College, Oxford in 1994. He completed a doctoral thesis at Wadham in 2000, under the supervision of Professor Paul Davies. This thesis, on which this book is based, analysed the rationales for European Social Policy, looking in particular at...

other books by Phil Syrpis

Format:HardcoverDimensions:208 pages, 9.21 × 6.14 × 0.59 inPublished:June 7, 2007Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199277206

ISBN - 13:9780199277209

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Table of Contents

1. IntroductionIntroductionWhat is EU Intervention in Domestic Labour Law?The Three Rationales for EU InterventionCompetence QuestionsAn Analysis of EU InterventionsA Map of What is to Follow2. The Three Rationales for EU Intervention in Domestic Labour LawIntroductionThe Integrationist RationaleThe Relationship Between the Integrationist Rationale and the Economic and Social RationalesThe Economic RationaleThe Social RationaleThe Relationship Between the Economic and Social Rationales3. Competence QuestionsIntroductionArguments For and Against Centralization in Today's EUThe Principle of ConferralThe Principle of SubsidiarityThe Principle of ProportionalityThe Potential of Subsidiarity and ProportionalityConclusions4. The Intervention of the Court of JusticeIntroductionThe Negative Integration Case Law of the Court of JusticeConclusions5. The Interventions of the Political InstitutionsIntroductionThe Relationship Between Negative Integration and the Interventions of the Political InstitutionsThe Harmonization or Approximation of National Labour Law RegimesMinimum Standard Setting and Other More Flexible ApproachesThe Open Method of Coordination6. Conclusions