Collective Action and Fundamental Freedoms in Europe
Collective Action and Fundamental Freedoms in Europe

Collective Action and Fundamental Freedoms in Europe


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About the Book

Recent cases decided by the European Court of Justice have raised crucial issues regarding the scope for collective action in Europe. In this context, this collection of essays investigates treatment of the right to strike in seven Member States of the European Union: Belgium, France, Germany, Italy, Spain, the Netherlands, and the United Kingdom. Each national report examines how legal regulation seeks to address conflicting interests, namely those of employers, workers, and the public at large. Each report also outlines the potential impact of EU jurisprudence in that country. Striking the balance between domestic entitlements (to take industrial action and the protection of EU fundamental freedoms) is far from straightforward. The problem of balance is considered further in three supplementary essays. The first of these assesses the position of those engaged in or affected by collective action under conflict of law principles stated in Rome II. The second essay provides a comparative analysis of the constitutional status (or otherwise) of collective action. The collection ends with an essay which subjects to scrutiny the assumptions made by the European Court of Justice in the Viking and Laval judgments, which would seem to be questionable, in light of the national reports presented in the book.
About the Author: Edoardo Ales is Full Professor Labour Law and Equal Opportunity in Labour Law at the Faculty of Law, University of Cassino ( Italy), Professor Italian and European Labour Law at the Faculty of Political Sciences, LUISS - Guido Carli (Rome, Italy), Professor Labour Law and Social Security Law at the Faculty of Law, Pontificial Lateran University (Rome, Vatican State), Lehrbeauftragte at the Johann Wolfgang Goethe-Universität Frankfurt, Professuer invités de L'Ecole de Droit de la Sorbonne and Professor of European Labour law, AUDENCIA, School of Management, Nantes. He holds a Degree in Political Sciences cum laude (LUISS G. Carli, Rome, 1990) and a Degree in Law cum laude (Università degli studi "La Sapienza" Roma, 1997).


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Product Details
  • ISBN-13: 9789400000728
  • Publisher: Intersentia
  • Publisher Imprint: Intersentia
  • Depth: 19
  • Language: English
  • Returnable: Y
  • Spine Width: 18 mm
  • Weight: 508 gr
  • ISBN-10: 9400000723
  • Publisher Date: 16 Jul 2010
  • Binding: Paperback
  • Height: 236 mm
  • No of Pages: 274
  • Series Title: Social Europe
  • Sub Title: Striking the Balance
  • Width: 157 mm


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