EU Labour Law
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EU Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ...
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European Union
The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been described as a '' sui generis'' political entity (without precedent or comparison) combining the characteristics of both a federation and a confederation. Containing 5.8per cent of the world population in 2020, the EU generated a nominal gross domestic product (GDP) of around trillion in 2021, constituting approximately 18per cent of global nominal GDP. Additionally, all EU states but Bulgaria have a very high Human Development Index according to the United Nations Development Programme. Its cornerstone, the Customs Union, paved the way to establishing an internal single market based on standardised legal framework and legislation that applies in all member states in those matters, and only those matters, where the states have agreed to act ...
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Inequality Of Bargaining Power
Inequality of bargaining power in law, economics and social sciences refers to a situation where one party to a bargain, contract or agreement, has more and better alternatives than the other party. This results in one party having greater power than the other to choose not to take the deal and makes it more likely that this party will gain more favourable terms and grant them more negotiating power (as they are in a better position to reject the deal). Inequality of bargaining power is generally thought to undermine the freedom of contract, resulting in a disproportionate level of freedom between parties, and that it represents a place at which markets fail. Where bargaining power is persistently unequal, the concept of inequality of bargaining power serves as a justification for the implication of mandatory terms into contracts by law, or the non-enforcement of a contract by the courts. Historical development The concept of inequality of bargaining power was long recognised, ...
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Race To The Bottom
Race to the bottom is a socio-economic phrase to describe either government deregulation of the business environment or reduction in corporate tax rates, in order to attract or retain usually foreign economic activity in their jurisdictions. While this phenomenon can happen between countries as a result of globalization and free trade, it also can occur within individual countries between their sub-jurisdictions (states, localities, cities). It may occur when competition increases between geographic areas over a particular sector of trade and production. The effect and intent of these actions is to lower labor rates, cost of business, or other factors (pensions, environmental protection and other externalities) over which governments can exert control. This deregulation lowers the cost of production for businesses. Countries/localities with higher labor, environmental standards, or taxes can lose business to countries/localities with less regulation, which in turn makes them want t ...
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Ohlin Report
The Ohlin Report was a report drafted by a group of experts of the International Labour Organization led by Bertil Ohlin in 1956. Together with the Spaak Report it provided the basis for the Treaty of Rome on the common market in 1957 and the creation of the European Economic Community in 1958. Summary The key element of the Olin Report was that the Common Market did not presuppose a harmonised level of labour standards. The report explained that exchange rates between countries reflect economic productivity and, thereby, offset the advantages of lower wages in other States. As a consequence, States with a higher levels of social protection and higher wages should not fear competition from low cost countries. This explains the fact that the Articles 117 and 118 of the European Economic Community treaty are ''soft'' in nature, while in contrast the ''hard'' Articles 119 and 120 of the EEC treaty have a limited scope. See also *UK labour law *EU law European Union law is a syst ...
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European Economic Community
The European Economic Community (EEC) was a regional organization created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbon Treaty. aiming to foster economic integration among its member states. It was subsequently renamed the European Community (EC) upon becoming integrated into the first pillar of the newly formed European Union in 1993. In the popular language, however, the singular ''European Community'' was sometimes inaccuratelly used in the wider sense of the plural '' European Communities'', in spite of the latter designation covering all the three constituent entities of the first pillar. In 2009, the EC formally ceased to exist and its institutions were directly absorbed by the EU. This made the Union the formal successor institution of the Community. The Community's initial aim was to bring about economic integration, including a common market an ...
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Free Movement Of Workers
The freedom of movement for workers is a policy chapter of the acquis communautaire of the European Union. The free movement of workers means that nationals of any member state of the European Union can take up an employment in another member state on the same conditions as the nationals of that particular member state. In particular, no discrimination based on nationality is allowed. It is part of the free movement of persons and one of the four economic freedoms: free movement of goods, services, labour and capital. Article 45 TFEU (ex 39 and 48) states that: The right to free movement has both 'horizontal' and 'vertical' direct effect,''Union royale belge des sociétés de football association ASBL v Jean-Marc Bosman''Case C-415/93 EUR-Lex''Angonese v Cassa di Risparmio di Bolzano SpA''Case C-281/98(2000). EUR-Lex such that a citizen of any EU state can invoke the right, without more, in an ordinary court, against other persons, both governmental and non-governmental. Histo ...
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Treaty Of Amsterdam
The Treaty of Amsterdam, officially the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related acts, was signed on 2 October 1997, and entered into force on 1 May 1999; it made substantial changes to the Treaty of Maastricht, which had been signed in 1992. Under the Treaty of Amsterdam, member states agreed to transfer certain powers from national governments to the European Parliament across diverse areas, including legislating on immigration, adopting civil and criminal laws, and enacting common foreign and security policy (CFSP), as well as implementing institutional changes for expansion as new member nations join the EU. Background The treaty was the result of long negotiations which began in Messina, Italy, on 2 June 1995, nearly forty years after the signing of the Treaty of Rome, and reached completion in Amsterdam on 18 June 1997. Following the formal signing of the Treaty on 2 October 1997, th ...
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1997 United Kingdom General Election
The 1997 United Kingdom general election was held on Thursday 1 May 1997. The governing Conservative Party led by Prime Minister John Major was defeated in a landslide by the Labour Party led by Tony Blair, achieving a 179 seat majority. The political backdrop of campaigning focused on public opinion towards a change in government. Blair, as Labour Leader, focused on transforming his party through a more centrist policy platform, entitled 'New Labour', with promises of devolution referendums for Scotland and Wales, fiscal responsibility, and a decision to nominate more female politicians for election through the use of all-women shortlists from which to choose candidates. Major sought to rebuild public trust in the Conservatives following a series of scandals, including the events of Black Wednesday in 1992, through campaigning on the strength of the economic recovery following the early 1990s recession, but faced divisions within the party over the UK's membership of the Eur ...
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Labour Party (UK)
The Labour Party is a political party in the United Kingdom that has been described as an alliance of social democrats, democratic socialists and trade unionists. The Labour Party sits on the centre-left of the political spectrum. In all general elections since 1922, Labour has been either the governing party or the Official Opposition. There have been six Labour prime ministers and thirteen Labour ministries. The party holds the annual Labour Party Conference, at which party policy is formulated. The party was founded in 1900, having grown out of the trade union movement and socialist parties of the 19th century. It overtook the Liberal Party to become the main opposition to the Conservative Party in the early 1920s, forming two minority governments under Ramsay MacDonald in the 1920s and early 1930s. Labour served in the wartime coalition of 1940–1945, after which Clement Attlee's Labour government established the National Health Service and expanded the welfa ...
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Conservative Party (UK)
The Conservative Party, officially the Conservative and Unionist Party and also known colloquially as the Tories, is one of the Two-party system, two main political parties in the United Kingdom, along with the Labour Party (UK), Labour Party. It is the current Government of the United Kingdom, governing party, having won the 2019 United Kingdom general election, 2019 general election. It has been the primary governing party in Britain since 2010. The party is on the Centre-right politics, centre-right of the political spectrum, and encompasses various ideological #Party factions, factions including One-nation conservatism, one-nation conservatives, Thatcherism, Thatcherites, and traditionalist conservatism, traditionalist conservatives. The party currently has 356 Member of Parliament (United Kingdom), Members of Parliament, 264 members of the House of Lords, 9 members of the London Assembly, 31 members of the Scottish Parliament, 16 members of the Senedd, Welsh Parliament, 2 D ...
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Treaty Of Maastricht
The Treaty on European Union, commonly known as the Maastricht Treaty, is the foundation treaty of the European Union (EU). Concluded in 1992 between the then-twelve member states of the European Communities, it announced "a new stage in the process of European integration" chiefly in provisions for a shared European citizenship, for the eventual introduction of a single currency, and (with less precision) for common foreign and security policies. Although these were widely seen to presage a "federal Europe", the focus of constitutional debate shifted to the later 2007 Treaty of Lisbon. In the wake of the Eurozone debt crisis unfolding from 2009, the most enduring reference to the Maastricht Treaty has been to the rules of compliance – the "Maastricht criteria" – for the currency union. Against the background of the end of the Cold War and the re-unification of Germany, and in anticipation of accelerated globalisation, the treaty negotiated tensions between member state ...
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Community Charter Of The Fundamental Social Rights Of Workers 1989
The Community Charter of the Fundamental Social Rights of Workers (9 December 1989) is a principles-based charter of human rights that apply specifically to the workforce in the European Union. It is used as an interpretative aid by the Court of Justice of the European Union in construing the meaning of legislation and developing case law. It was initially drafted in 1989. All member states have adopted the text. (Initially, the United Kingdom under Margaret Thatcher's government did not adopt the charter, but the UK subsequently adopted the Charter in 1998). Contents *articles 1-3, free movement of workers *articles 4-6, freedom to choose employment, for fair remuneration, with access to free job placement services *articles 7-10, improvement of working conditions, rest time, paid annual leave, stipulated by law, collective or individual agreement *article 10, right to social protection and adequate social security, and adequate social assistance *articles 11-14, freedom of asso ...
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