- Title Pages
- General Editors' Preface
- Acknowledgements
- List of Contributors
- Table of Cases
- Abbreviations
- 1 Binding Unity in EU Legal Order: An Introduction
- 2 Experiences from Professional Practice: Some Steps towards Empirical Research
- 3 Translation at the Court of Justice of the European Communities
- 4 Rights in the European Landscape: A Historical and Comparative Profile
- 5 Rights in EU Law
- 6 EU Rights and Discretion as Reflected in Spanish Public Law
- 7 Protection of Rights: How Far?
- 8 On Discretion
- 9 Discretion, Divergence, and Unity
- 10 Divergence and the <i>Francovich</i> Remedy in German and English Courts
- 11 Stability and Flexibility in Administrative Decision Making: The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law
- 12 Democracy and Direct Effect: EU and National Perceptions
- 13 Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders
- 14 Laws at Cross-Purposes: Conceptual Confusion and Political Divergence<sup>1</sup>
- 15 Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation
- 16 Conceptual Convergence and Judicial Cooperation in Sex Equality Law
- 17 On the Unity of European Labour Law
- 18 A Case of Multidirectional Constitutional Transplant in the EU: Infra-state Law and Regionalism
- 19 Back to the <i>Begriffshimmel</i>?<sup>1</sup> A Plea for an Analytical Perspective in European Law
- 20 Conceptual Divergence, Functionalism, and the Economics of Convergence
- 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
- Index
On the Unity of European Labour Law
On the Unity of European Labour Law
- Chapter:
- (p.397) 17 On the Unity of European Labour Law
- Source:
- The Coherence of EU Law
- Author(s):
Emilios Christodoulidis
Ruth Dukes
- Publisher:
- Oxford University Press
This chapter examines European labour law. It focuses on the binding unity in European labour law and the divergence in terms of the competing interests of capital and labour. It addresses the following questions: In what sense precisely is the articulation of unity and divergence not problematic but instead productive for law? What are the ideological effects of this productivity? What strategic use can be made of the articulation — and at what level — of unity and divergence?
Keywords: EU law, industrial democracy, unity, divergence
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- Title Pages
- General Editors' Preface
- Acknowledgements
- List of Contributors
- Table of Cases
- Abbreviations
- 1 Binding Unity in EU Legal Order: An Introduction
- 2 Experiences from Professional Practice: Some Steps towards Empirical Research
- 3 Translation at the Court of Justice of the European Communities
- 4 Rights in the European Landscape: A Historical and Comparative Profile
- 5 Rights in EU Law
- 6 EU Rights and Discretion as Reflected in Spanish Public Law
- 7 Protection of Rights: How Far?
- 8 On Discretion
- 9 Discretion, Divergence, and Unity
- 10 Divergence and the <i>Francovich</i> Remedy in German and English Courts
- 11 Stability and Flexibility in Administrative Decision Making: The Community Law Influence on Discretion with Respect to Administrative Decisions in German Law
- 12 Democracy and Direct Effect: EU and National Perceptions
- 13 Discretion and Public Policy: Timing the Unity and Divergence of Legal Orders
- 14 Laws at Cross-Purposes: Conceptual Confusion and Political Divergence<sup>1</sup>
- 15 Binding Unity and Divergence while Creating a Common European Culture of Energy Regulation
- 16 Conceptual Convergence and Judicial Cooperation in Sex Equality Law
- 17 On the Unity of European Labour Law
- 18 A Case of Multidirectional Constitutional Transplant in the EU: Infra-state Law and Regionalism
- 19 Back to the <i>Begriffshimmel</i>?<sup>1</sup> A Plea for an Analytical Perspective in European Law
- 20 Conceptual Divergence, Functionalism, and the Economics of Convergence
- 21 Towards an Internally Consistent Doctrine on Invoking Norms of EU Law
- Index
