Edited by: Zane Rasnaca, Aristea Koukiadaki, Niklas Bruun, Klaus Lorcher

ISBN13: 9781509944415

To be Published: July 2022

Publisher: Hart Publishing

Country of Publication: UK

Format: Hardback

This book by the ETUI Transnational Trade Union Rights Expert Network analyses enforcement as a key element making EU labour law effective or ineffective.

Enforcement is the key ingredient that makes rights effective and ensures compliance. It can make or break a legal system. Despite this, enforcement of EU labour law has received little scholarly attention in recent decades and has rarely been examined in a comprehensive way. This book aims to fill this gap.

Intended for academics and practitioners alike, the book adopts a threefold approach to examine this issue. First of all, it explores the idea of effective enforcement and sets out the wider context in which EU labour law enforcement takes place. Secondly, it analyses how enforcement operates in particular areas, including non-discrimination, health and safety, information and consultation rights, and the rights of migrating workers. Thirdly, it critically assesses the role of specific actors (in particular collective actors like trade unions, as well as whistle-blowers and the European Labour Authority) and settings (public procurement, economic and monetary policy) regulated by EU law. Drawing on the insights produced by these analyses, the book concludes by proposing a comprehensive Draft for a Model Directive on 'Effective Enforcement of EU Labour Law' as an inspiration for policy development and scholarly debate in this area.

Subjects:

EU Law

Contents:

1. Introduction, Zane Rasnaca, Aristea Koukiadaki, Klaus Lörcher, and Niklas Bruun

Part I – Understanding Enforcement

2. The Enforcement Structure for EU Labour Law, Antoine Jacobs

3. Remedies and Sanctions in EU Labour Law, Aristea Koukiadaki

4. Access to Justice, Klaus Lörcher

5. Enforcing EU Labour Law by Using Administrative Law Means, Joanna Unterschütz

6. Enforcement by Means of Criminal Law, Joanna Unterschütz

7. Soft Methods of Enforcement of European Labour Law Standards, Csilla Kollonay-Lehoczky

8. Strategic Enforcement of EU Labour Law, Klaus Lörcher

9. Enforcement of EU Labour Law in a Transnational Context, Mijke Houwerzijl

10. The EU's Role in the Extra-Territorial Enforcement of Labour Laws, Simon Deakin and Bhumika Billa

Part II – Enforcement in Specific Areas of EU Labour Law

11. Enforcing Non-Discrimination, Csilla Kollonay-Lehoczky

12. Enforcing EU Information and Consultation Rights, Silvia Rainone

13. Enforcing Migrant and Mobile Workers' Rights, Zane Rasnaca

14. Enforcing Rights of Non-Standard Workers, Barbara Kresal

15. Enforcing Occupational Health and Safety: A Preventive Purpose, Aude Cefaliell

Part III – Mechanisms and Specific Actors for Enforcing EU Labour Law

16. Enforcing EU Law via Collective Action, Giovanni Orlandini

17. Collective Actors Enforcing EU Labour Law, Filip Dorssemont

18. The European Labour Authority: Missing Link in the Cross-Border Enforcement of EU Labour Law, Piet Van Nuffel

19. The Alert (Whistleblowing) in Light of the Enforcement of European Labour Law, Elliot Cobbaut

20. Enforcing Labour Law via Public Procurement, Niklas Bruun

21. The European Pillar of Social Rights: Transforming Promises into Reality, Olivier de Schutter

22. Enforcing EU Labour Law in the Context of EU Economic and Monetary Policy, Mélanie Schmit and Marco Rocca

23. Model Directive on Effective Enforcement of EU Labour and Social Law, Zane Rasnaca, Aristea Koukiadaki, Klaus Lörcher and Niklas Bruun

24. Conclusion, Zane Rasnaca, Koukiadaki, and Klaus Lörcher