Alexander Somek
- Published in print:
- 2011
- Published Online:
- September 2011
- ISBN:
- 9780199693375
- eISBN:
- 9780191729737
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199693375.003.0002
- Subject:
- Law, Philosophy of Law, EU Law
The impact of the European Union on the social policies of its Member States can generally be described in terms of domestication, assimilation, and disarmament. Social policy has been domesticated ...
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The impact of the European Union on the social policies of its Member States can generally be described in terms of domestication, assimilation, and disarmament. Social policy has been domesticated in the sense of remaining largely within the competence of the Member States, however, it is also subject to constraints by the law of the internal market. Assimilation has occurred where the fundamental freedoms were used in order to make social benefits move across national bounds. Disarmament is epitomized by monetary union and by recent developments in the Court’s case law that have moved beyond domestication and ushered in a new era of market liberalisation. The development affects, in particular, industrial relations and systems of collective wage determination. The rise to prominence of European anti-discrimination law needs be seen and assessed against this background.Less
The impact of the European Union on the social policies of its Member States can generally be described in terms of domestication, assimilation, and disarmament. Social policy has been domesticated in the sense of remaining largely within the competence of the Member States, however, it is also subject to constraints by the law of the internal market. Assimilation has occurred where the fundamental freedoms were used in order to make social benefits move across national bounds. Disarmament is epitomized by monetary union and by recent developments in the Court’s case law that have moved beyond domestication and ushered in a new era of market liberalisation. The development affects, in particular, industrial relations and systems of collective wage determination. The rise to prominence of European anti-discrimination law needs be seen and assessed against this background.
David S Berry
- Published in print:
- 2014
- Published Online:
- April 2014
- ISBN:
- 9780199670079
- eISBN:
- 9780191749452
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199670079.003.0009
- Subject:
- Law, Public International Law, Comparative Law
Chapter 9 introduces the regimes of the CARICOM Single Market and Economy and the OECS Economic Union. It explores the rules related to the right of establishment and the free movement of persons, ...
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Chapter 9 introduces the regimes of the CARICOM Single Market and Economy and the OECS Economic Union. It explores the rules related to the right of establishment and the free movement of persons, services and capital. The right of establishment allows for the creation and staffing of companies that satisfy certain criteria, including nationality, in other jurisdictions. Freedom to provide services encompasses both cross-border provision of services and services provided within the territory of a Member State by persons of another Member State. Free movement of capital, although limited in practice in CARICOM as a result of currency restrictions, is readily available in the OECS. Free movement of persons is provided for certain categories of skilled nationals in CARICOM and more generally to allow for hassle free travel and stay for a period of six months. It is embraced in full in the OECS.Less
Chapter 9 introduces the regimes of the CARICOM Single Market and Economy and the OECS Economic Union. It explores the rules related to the right of establishment and the free movement of persons, services and capital. The right of establishment allows for the creation and staffing of companies that satisfy certain criteria, including nationality, in other jurisdictions. Freedom to provide services encompasses both cross-border provision of services and services provided within the territory of a Member State by persons of another Member State. Free movement of capital, although limited in practice in CARICOM as a result of currency restrictions, is readily available in the OECS. Free movement of persons is provided for certain categories of skilled nationals in CARICOM and more generally to allow for hassle free travel and stay for a period of six months. It is embraced in full in the OECS.
Robert Schütze
- Published in print:
- 2017
- Published Online:
- September 2017
- ISBN:
- 9780198803379
- eISBN:
- 9780191841576
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198803379.003.0008
- Subject:
- Law, EU Law, Constitutional and Administrative Law
The Conclusion brings together the various strands of the general argument, while it also offers a defence of the methodological approach adopted in the book. The second part explores whether the ...
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The Conclusion brings together the various strands of the general argument, while it also offers a defence of the methodological approach adopted in the book. The second part explores whether the results, found in the context of the free movement of goods, can be transferred to the other three fundamental freedoms.Less
The Conclusion brings together the various strands of the general argument, while it also offers a defence of the methodological approach adopted in the book. The second part explores whether the results, found in the context of the free movement of goods, can be transferred to the other three fundamental freedoms.
Georg Menz
- Published in print:
- 2014
- Published Online:
- January 2015
- ISBN:
- 9780198714101
- eISBN:
- 9780191782657
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198714101.003.0003
- Subject:
- Law, Human Rights and Immigration, Employment Law
This chapter examines the political economy of employers’ advocacy of their ‘need’ for migrant workers, focusing on posted workers and temporary labour migration to the UK and Germany. Posted workers ...
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This chapter examines the political economy of employers’ advocacy of their ‘need’ for migrant workers, focusing on posted workers and temporary labour migration to the UK and Germany. Posted workers are those moving as adjuncts to employers’ transnational service provision under EU law, as exemplified in the Viking Line and Laval cases. It argues that employers proactively use and abuse these forms of migration as a tool to achieve more pronounced disparities in wages and working conditions, that is, to bifurcate labour markets. Drawing on scholarship on dual labour markets, the chapter identifies how migration exacerbates this phenomenon in both the traditionally strongly regulated German labour market, and the more deregulated UK.Less
This chapter examines the political economy of employers’ advocacy of their ‘need’ for migrant workers, focusing on posted workers and temporary labour migration to the UK and Germany. Posted workers are those moving as adjuncts to employers’ transnational service provision under EU law, as exemplified in the Viking Line and Laval cases. It argues that employers proactively use and abuse these forms of migration as a tool to achieve more pronounced disparities in wages and working conditions, that is, to bifurcate labour markets. Drawing on scholarship on dual labour markets, the chapter identifies how migration exacerbates this phenomenon in both the traditionally strongly regulated German labour market, and the more deregulated UK.
