Full Description
The current economic and financial crisis erupted several years ago. Its effects impacted deeply upon society, in which legal rules and social patterns have developed to enable the establishment of civilisation, justice and peace. Over time it has become more and more obvious that policy, financial and economic actors have adopted austerity measures as a main tool to solve the ensuing problems, and that these measures have hit social policy standards sometimes dramatically.
Recent analyses have dealt with several aspects of this issue. This book focuses on one important element: the impact on collective labour law. It seeks to add to the debate by presenting mainly legal arguments derived from different sources and backgrounds, examining the EU and 'Troika' measures, the economic and political background and the sometimes dramatic consequences of austerity measures on democracy, collective bargaining and the right to strike. Against the framework of EU law, the relevant ILO Conventions, (Revised) European Social Charter and European Convention on Human Rights provisions, the non-compliance of these measures is analysed and demonstrated. The book is also dedicated to procedural questions, and in particular, how legal approaches may be used to challenge austerity measures.
Contents
PART I THE EU'S RESPONSES AND ACTIVITIES
1. Changes in the General European Legal Framework Isabelle Schömann
2. A New Economic Governance through Secondary Legislation? Analysis and Constitutional Assessment: From New Constitutionalism, via Authoritarian Constitutionalism to Progressive Constitutionalism Lukas Oberndorfer
3. Competencies of the Troika: Legal Limitations of the Institutions of the European Union Andreas Fischer-Lescano
4. Social Policy, Economic Governance and EMU: Alternatives to Austerity Simon Deakin
PART II COLLECTIVE BARGAINING AND TRADE UNION RIGHTS IN DANGER
5. Austerity Measures, Democracy and Social Policy in the EU Bruno Veneziani
6. Collective Action Against Austerity Measures Filip Dorssemont
7. Decentralisation of Labour Law Standard Setting and the Financial Crisis Antoine Jacobs
PART III EVALUATION OF THE EU'S RESPONSES AND ACTIVITIES
8. Evaluation of EU Responses to the Crisis with Reference to Primary Legislation (European Union Treaties and Charter of Fundamental Rights) Mélanie Schmitt
9. Legal and Judicial International Avenues: The ILO Niklas Bruun
10. Legal and Judicial International Avenues: The (Revised) European Social Charter Klaus Lörcher
11. International Litigation Possibilities in European Collective Labour Law: ECHR Keith Ewing and John Hendy KC
PART IV CONCLUSIONS
Conclusions Niklas Bruun, Klaus Lörcher, Isabelle Schömann
