Cross-Border Collective Actions in Europe: A Legal Challenge


This volume takes a three-pronged approach to the issue. The book starts with several contributions addressing general issues related to the right to take collective action in a transnational context. The second part consists of national reports on labour law aspects of cross-border collective action. The third part includes national reports on private international law issues resulting from the transnational nature of a collective action.
Editor(s):
Filip Dorssemont, Teun Jaspers, Aukje van Hoek
Reeks:
Social Europe Series
Volume:
13
boek | uitverkocht | 1e editie
oktober 2007 | xxiv + 482 blz.

Paperback
€ 99,-


ISBN 9789050957052

Uitverkocht


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Inhoud

This volume offers a lawyer’s perspective of cross-border collective action in Europe. The Phenomenon of cross-border collective action is well-known in the transport sector where there is a long standing tradition of organising collective action and boycotts to improve the employment conditions of seafarers. However due to the expanding “Europeanisation” of the economy, industrial disputes with a cross-border impact do and will continue to arise in other sectors of the economy as well. As a result, they will or may become a more common feature in multinational enterprises when they operate in a European and global context. The recent cases of Laval (C-341/05) and Viking (C-438/05) are perfect illustrations of the complex interaction between economic freedoms and the fundamental social right to take collective action. This kind of industrial dispute tends to raise fundamental questions about the position of industrial action within the framework of the EU/EC.

This volume takes a three-pronged approach to the issue. The book starts with several contributions addressing general issues related to the right to take collective action in a transnational context. The second part consists of national reports on labour law aspects of cross-border collective action. The third part includes national reports on private international law issues resulting from the transnational nature of a collective action. Both parts are rounded off with a comparative analysis. The following Member States have been included in this study: Belgium, Finland, France, Germany, Italy, the Netherlands, Spain, Sweden and the United Kingdom.

At present, the right to take collective action with a cross border impact constitutes a major legal challenge. Firstly the question arises whether divergence between domestic labour law and domestic private international law impedes the effective use of cross-border collective action. Another quintessential issue that arises is whether Community law itself can become an obstacle to the effective use of collective action (Cf. the Viking and Laval cases) or to what extent Community law can constitute a means to resolve the obstacles to cross-border collective action. Is there a need for a ‘kind’ of a European law on collective action?

Hoofdstukken

Table of Contents (p. 0)

PART I

FOREWORD - RESTORING A BALANCE OF ECONOMIC POWER IN EUROPE (p. 1)

THE RIGHT TO COLLECTIVE ACTION IN EUROPEAN LAW (p. 23)

TRANSNATIONAL COLLECTIVE ACTION – ALREADY A REALITY? (p. 75)

TRANSNATIONAL COLLECTIVE ACTION: THE FOC CAMPAIGN CASE STUDY (p. 85)

PART II: NATIONAL REPORTS TRANSNATIONAL COLLECTIVE ACTION: LABOUR LAW APPROACH

BELGIAN LABOUR LAW REPORT (p. 93)

FINNISH LABOUR LAW REPORT (p. 105)

FRENCH LABOUR LAW REPORT (p. 123)

GERMAN LABOUR LAW REPORT (p. 135)

ITALIAN LABOUR LAW REPORT (p. 149)

DUTCH LABOUR LAW REPORT (p. 179)

SPANISH LABOUR LAW REPORT (p. 193)

SWEDISH LABOUR LAW REPORT (p. 203)

BRITISH LABOUR LAW AND PRIVATE INTERNATIONAL LAW REPORT (p. 217)

LABOUR LAW ISSUES OF TRANSNATIONAL COLLECTIVE ACTION – COMPARATIVE REPORT (p. 245)

PART III. NATIONAL REPORTS TRANSNATIONAL COLLECTIVE ACTION: PRIVATE INTERNATIONAL LAW APPROACH

BELGIAN PRIVATE INTERNATIONAL LAW REPORT (p. 275)

FRENCH PRIVATE INTERNATIONAL LAW REPORT (p. 289)

GERMAN PRIVATE INTERNATIONAL LAW REPORT (p. 307)

ITALIAN PRIVATE INTERNATIONAL LAW REPORT (p. 331)

DUTCH PRIVATE INTERNATIONAL LAW REPORT (p. 355)

SPANISH PRIVATE INTERNATIONAL LAW REPORT (p. 403)

SWEDISH PRIVATE INTERNATIONAL LAW REPORT (p. 415)

PRIVATE INTERNATIONAL LAW ASPECTS OF COLLECTIVE ACTIONS – COMPARATIVE REPORT (p. 425)

QUESTIONNAIRE: LEGAL ASPECTS OF TRANSNATIONAL COLLECTIVE ACTION (1970–2005) (p. 469)

ABOUT THE AUTHORS (p. 479)

Over de reeks

Social Europe Series

The Social Europe Series gives the reader more than an introduction to the social systems of the member states of the European Union. It offers the social security expert with comparative experience the opportunity to place his or her knowledge of (aspects of) foreign social security systems in a broader national context. The series facilitates the broad comparison of the national systems, by describing them according to a uniform structure.

Editorial board: Michael Adler (University of Edinburgh), Anne Davies (University of Oxford), Guus Heerma van Voss (University of Leiden), Frank Hendrickx (University of Leuven & Tilburg University), Frans Pennings (Utrecht University), Sophie Robin-Olivier (University of Paris X Nanterre), Achim Seifert (University of Luxembourg ), Sara Stendahl (Göteborg University) and Bernd Waas (Johann Wolfgang Goethe-University Frankfurt).

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