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The Public Law/Private Law Divide
The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
The Personal Employment Contract
This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up to and including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally. In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affect...
The Contract of Employment
"The Contract of Employment provides the most ambitious and comprehensive treatise on the theoretical and doctrinal aspects of the English contract of employment in the common law world. Under the general editorship of Professor Mark Freedland, the text has been produced by a team of world leading experts in employment law. Part I examines the theoretical context to the contract of employment, studying its structure and development from a wide variety of theoretical and comparative perspectives. Part II provides an exposition and analysis of the doctrinal aspects of the contract of employment." --Publisher's website.
Viking, Laval and Beyond
EU Law in the Member States is a new series dedicated to exploring the impact of landmark CJEU judgments and secondary legislation in legal systems across the European Union. Each book will be written by a team of generalist EU lawyers and experts in the relevant field, bringing together perspectives from a wide range of different Member States in order to compare and analyse the effect of EU law on domestic legal systems and practice. The first volume focuses on the uneasy relationship between the economic freedoms enshrined in Articles 49 and 56 TFEU and the right of workers to take collective action. This conflict has been at the forefront of EU labour law since the CJEU's much-discussed decisions in C-438/05 Viking and C-341/05 Laval, as well as the Commission's more recent attempts at legislative reforms in the failed Monti II Regulation. Viking, Laval and Beyond explores judicial and legislative responses to these measures in 10 Member States, and finds that the impact on domestic legal systems has been much more varied than traditional accounts of EU law would suggest.
Employment Policy and the Regulation of Part-time Work in the European Union
This book originates from the research project 'New discourses in labour law' held at the European University Institute. A detailed analysis of part-time work regulation is presented for seven European countries, in order to ascertain how internal domestic choices of the legislatures have merged into the 'Open method of co-ordination'. The impact of European employment policies is considered in parallel with the implementation of the Directive on part-time work, thus providing a complete overview of both soft and hard law mechanisms available to national policy-makers. In this 2004 work, the interaction between law and policy emerges as a dynamic and constantly changing process of exchange between national and supranational actors, through the use of concrete examples of lawmaking. Labour law is put forward as being central in the current evolution of European law, and this centrality is presented as a confirmation of innovation and continuity in regulatory techniques.
The Personal Employment Contract
This book is an analytical study of the current English law of traditional contracts of employment and of other personal employment contracts. Concentrating on the common law basis of individual employment law, it takes full account of relevant British and European Community legislation up toand including the Employment Act 2002, and considers the impact of the Human Rights Act 1998 and of the developing law of human and social rights more generally.In this work the author has up-dated and built upon his earlier treatise on the Contract of Employment published in 1975. The present work takes account of the very considerable amount of case-law, legislation and legal writing which has affected...
Towards a Flexible Labour Market
The regulation of the labour market has been a major source of political dispute in the UK over the last half century. Paul Davies and Mark Freedland charted the conflicts over the appropriate role for the law in this area from 1945 to the fall of Mrs Thatcher in their earlier book, Labour Legislation and Public Policy. The current volume brings that history up to date, charting the development of labour legislation under 'New' Labour.
Resocialising Europe in a Time of Crisis
Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But in recent years, and in spite of the adoption of the Charter of Fundamental Rights, the EU social profile has entered a profound period of crisis. The ECJ judgments of Viking and Laval exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis, while the various 'bail out' packages are producing a constant retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.
Labour Legislation and Public Policy
In this path-breaking work, the authors seek to offer students a fresh way of looking at modern labour law. By taking as their starting point the idea that labour law, having once been governed by common law rules, is now overwhelmingly regulated by statute, the authors show that labour lawcan only be studied properly by understanding the legislation behind it.They then proceed to lead the student to an understanding of how and why the legislation came to be enacted. They therefore examine, in chronological order, the history and political context of every major piece of labour legislation from 1945 up to and including the momentous changes of theThatcher years. Guiding the reader through four and a half decades of almost continuous legislative activity, the authors successfully demonstrate how the law was created and why it looks as it does today. No other textbook on this subject takes this approach.
