Suchergebnisse

Is crowdsourcing the future of work? This book offers a lively and critical account of the gig economy: its promises and realities, what is at stake, and how we can ensure that customers, workers, platforms, and society at large benefit from this global and growing phenomenon

The concept of the employer has been surprisingly ignored in employment and corporate law, leaving protective norms unable to grapple with modern work arrangements. This book scrutinises the received concept of a unitary employer providing a functional reconceptualization as a framework for future arguments and coherent judicial decision-making.

AbstractIn this article, I explore the substance and operation of Article 16 of the European Union's Charter of Fundamental Rights, which recognises 'the freedom to conduct a business', in order to determine the extent to which the constitutionalisation of commercial interests as fundamental rights could pose a threat to the Union's worker-protectiveacquis. Having surveyed three important Directives which regulate employees' rights in transfers of undertakings, collective redundancies, and the organisation of working time, I argue that future challenges based on Article 16 CFR are unlikely to succeed: even in situations where the Directives limit employers' economic freedoms, such interference is justified and proportionate.

"Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious 'praktische Konkordanz' or rather a messy 'ménage à trois'? These and other questions are discussed in the four parts that form the book. Part I is dedicated to the normative foundations. Part II sets out Member States' Perspectives, providing a structured, in-depth account of the Charter's operation in 16 different Member States. Part III provides a detailed evaluation of selected rights contained within the Charter. Part IV synthesises the materials presented up to that point to develop a series of broader perspectives, looking to discover underlying lessons about the relationship between EU fundamental rights law and national legal systems"--

5. Luxembourg v Montreal: Time for The Hague to Intervene I. Ex Parte IATA ; II. Sturgeon and Bock ; III. Nelson ; IV. Rodriguez and McDonagh ; V. Conclusions ; 6. EU Regulations in the Member States: Incorporating International Norms ; I. International Law and European Sources of Law ; II. Constitutional Amendments and New Interpretations of Previous Doctrines ; III. Conclusion ; Part II: Member States' Perspectives; 7. Austria and Germany: Well-Informed Passengers, Extensive Case Law and a Strong Demand for Legal Certainty ; I. Introduction ; II. Austria ; III. Germany ; IV. Conclusion.

Recent years have seen a radical shift in the practice and profile of the labour economy in the United Kingdom consisting in the considerable growth of the so-called 'Sharing Economy' or 'Gig Economy', better identified as the 'On-demand Economy'. From that starting point, it is argued that a corresponding change seems to have occurred in the set of concepts which the labour/ employment law of the United Kingdom uses to analyse and to characterize the work relations and work contracts which are created, made, and operated within this rapidly growing sector of the labour market. Two recent high-profile Employment Tribunal decisions in the Uber and Citysprint cases, and a decision of the Court of Appeal in this same area in the Pimlico Plumbers case have served to confirm the legislative creation of a third intermediate category of 'workers' who benefit from a set of employment rights which is more limited than that enjoyed by employees but which is nevertheless very important. This crystallization of labour law's newly tripartite taxonomy of work relations has occurred very largely in the context of the on-demand economy, and is beneficial to those located in that sector. This is, however, a rather fragile conceptual structure.

Cover -- Title -- Copyright -- Dedication -- Contents -- Cases -- Acknowledgments -- 1. From Rome with Love The European Union's New Legal Order -- Debate 1: How did the European Economic Community become the European Union? -- (A) Integration Through Economics - and Law -- Debate 2: A new legal order? -- (A) Beyond Dualism: Supreme Rights for Individuals -- (B) Dual Vigilance -- Debate 3: An ever closer Union? -- (A) Three Themes -- (B) The Ride Ahead -- Further Reading -- 2. Regulating Bananas Conferral, Competence, and the Exercise of Union Powers -- Debate 1: Conferral as enabling Union action -- (A) Conferral -- (B) From Agriculture to Zoology: Union Powers -- (C) Member States as (Generous, Yet Anxious) Masters of the Treaties -- Debate 2: Conferral as a limit on Union competence -- (A) Red Lines … or Gaping Holes? -- (B) Competence Creep Revisited -- (C) Regulating Bananas - Properly -- Conclusion: Competence Creep as a Bug, or Feature? -- Further Reading -- 3. Inside the Sausage Factory EU Law-Making, Political and Legal Safeguards, and Democracy -- Debate 1: Is EU law-making overly centralised? -- (A) EU Legal Acts: From Cradle to Adulthood -- (B) Initiating Legislation: Starting the Production Line -- (C) Decision-making: Polycentricity in Action -- (D) Implementation: It Ain't Over 'Till It's Over -- (E) Enforcement: The Last Resort -- Debate 2: Is there any way of challenging 'Brussels'? -- (A) Political Safeguards -- (B) Legal Safeguards -- Debate 3: Is EU law-making undemocratic? -- (A) Unpacking the Democratic Deficit -- (B) To Whom Are EU Institutions Accountable? -- Conclusion: An Endowment for Democracy -- Further Reading -- 4. Ferraris vs Bicycles Challenging EU Action: A Complete System of Remedies? -- Debate 1: Who gets to challenge EU action - and how? -- (A) Judicial Review at the Union Level.