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Essays on employment law in european union
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European Constitutional Law
Introduction
Broadly the employment relationship is regulated by voluntary as well as legal measures. Voluntary measures are made up of agreements and other decisions derived from collective bargains, arbitrations, grievance and discipline handling. Voluntary measures also include accepted standards of good employment practices. Legal measures include the European Union treaties and directives, common laws of contract and of tort, statutory code of practice and some international standards among other laws. In general practice, voluntary and legal measures are not isolated sets of measures as they are invariably interlinked and they influence each other. At various points, voluntary and legal measures influences ways in which employers exercise power control and how they organize their workforce as well as managing conflict of interest.
Childcare provisions vary within the member states of the European Union, and reflect different policy legacies revolving around childcare and employment. The new informal care model promotes the informal care within the family and other dependants, and it seems t promote choices between care work and paid work through an extension of universal childcare and incentives given to care for the children. The Ireland model emerging from the liberal model focuses on public provisions of care and increasingly supports the different forms of non-parental care through a mixture of targeted and universal measures.
The EU constitutional law is based on a clear objective that civil disputes are resolved in a way that meets the objectives of resolving civil disputes to meet the needs of the parties, conforming to the fundamental principles of justice. There is clarity that there ...
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... instance, the European Council laws encourage active involvement of social partners at the national level. Compliance and implementation of European hard and soft laws have developed different agendas. The European directives have moved beyond mere questions to examine compliance with and implementation of these laws at national level. Focusing on the national realm of soft laws, welfare states and comparative Europeanization has developed frameworks that explain how implementations of various EC Directives vary. There is a cause of action under the EU law since incorporating the European level uses the different welfare state regimes as a starting point in understanding how European Directives are implemented. The EU will make a difference and the domestic institutional changes will be attributed to the EU laws.
To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
For our government to function it must be able to resolve the conflicts that arise as a result of this ‘struggle’. The rule of law is the principle that enables reconciliation and its primacy to the successful implementation of our government cannot be understated. Simply stated t...
Although there were numerous movements in promoting the unity of the European, but it seems to have failed. Robertson indicates the unity principle’s outcome is less than what is desired. Thereby, as Murat notes, the court will invariably grant a leeway to the state in deciding the cases namely, the ‘Margin of appreciation’. This maxim owes it genesis from a French term ‘marge d’ appreciation’ that deemed as a doctrine which gives way to a state’s discretion in their governance.
Over time, the debate of childcare issue within the Canadian public policy context has been raging. Rise in the media attention of the social issue of childcare policy in Canada concentrates on the relationship and coordination among the federal, provincial, and territorial governments in addressing the social issue (Finkel, 20013). According to Lewis Steven of The Star Canada News Agency, childcare is one of the priorities the Canadian Federal Government need to consider when designing its social policies. According to Lewis (2013), the Canadian Federal Government needs to consider the safety net income as an important factor contributing to affordable childcare services in the country. In Canada, parents or members of extended family have the responsibility of providing childcare services without the consideration of family net income. However, outside the family, there are many childcare providers operating as private individuals or agencies. Such childcare providers operate as private businesses.
The European Union (EU) is fundamentally democratic and is evident through its institutions, however, the current democratic electoral structure is of great concern. The EU is a new type of political system, often referred to as a sui generis, implying its uniqueness as there exists and a non comparable political body. The EU can neither regarded as a ‘state’ nor as an ‘international institution’ as it combines supranational as well as intergovernmental characteristics (Hix, 1999, p7). In this regard it has developed its own understandings of what democracy is. It is evident that the development of and spread of democracy is a central concept and foundation to all politics within the EU, and remains focuses on makings its governing institutions “more transparent and democracy”. The recent Eurozone crisis, it’s associated anti-crisis measures and the recent enlargement of EU have however re-invigorated debate about the EUs democratic legitimacy. At the heart of the debate are discussions not about whether the EU is an all-encompassing democratic institution but rather what are ‘democratic deficits’ or the democratic shortcomings that exist within this powerful economic and political union. Underpinning these divisions as Schmitter argues, are different understandings of what democracy is in the modern context and more specifically in the unique context of the EU. This essay will argue that the EU presents a unique type of political system that is fundamentally democratic, however, there are democratic shortcomings within its procedural and institutional structure.
Childcare is a necessity for a large number of working families and single parents. Fortunately, there are many options available to meet both the needs of the family and their budget. Each option comes with advantages and disadvantages. We will provide some basic information regarding each type, as well as some guidelines in regards to estimated cost.
Previously in Ireland the education side of child care was majorly under rated which meant more emphasis was placed on the care of children rather than promoting the potential of the developing child. Before the 1990’s children were cared for by mothers, other family members or neighbours and other child care settings were largely run by voluntary organisations such as Irish Preschool Playgroup Association, family support groups such as Barnardos. These services were created due to demand that was not previously needed, but they were unregulated. The Child Care Act 1991 was the first regulation brought into practice in childcare settings.
After WWII, many politically influential people saw a need to create some form of interdependence between the nation states of Europe as a means to preventing further war (Watts, 2008: p6). In 1951 Germany, France, Italy, Netherlands, Belgium and Luxembourg all signed the Treaty of Paris creating the European Coal and Steel Community (ECSC); the beginnings of an integrated Europe which has seen many changes since its creation (Thody, 1997: p1). Today it has become the highly integrated European Union with 28 member states, 18 of which share a single currency (Archick, 2014: p1). The process of EU integration is a complex one, as can be seen in its history and will surely be seen in its future. There is no simple explanation that can successfully explain the growth of the EU from a economic community of six nation states to the political and economic union it has become today. However there are two competing theories for explaining EU integration that give opposing views on the matter, neo-functionalism and intergovernmentalism. In this essay I will examine both theories and attempt to reach a conclusion if either successfully explains EU integration.
The Civil Procedure Rules recognised in Wales and England imposes a positive duty on the court to encourage parties to use an alternative dispute resolution (ADR) procedures if the court considers it appropriate, from the forgoing it could be inferred that achieving unbiased and objective dispute resolution is no longer the exclusive claim of the adversarial legal process as hitherto claimed by liberal societies. In addition, exact practices of adversarial legal system scarcely exist, since the daily life of court now involves routine departures from its original fundamental ideals. Nonetheless, growing evidence depict that mediated outcomes are more likely to be complied with than court decrees contrary to the position of pro adversarial advocates.
A collective bargaining agreement collectively sets the terms on which an employer offers individual work contracts to each of its employees in the bargaining unit. A bargaining agreement, also herein referred to as a labour agreement, is a legally enforceable written commitment, which states the rights and duties of all parties involved. The labour agreement should be made in good faith and is intended to be observed and not violated. The National Labour Relations Act obligates employers and unions to bargain in good faith concerning terms and conditions of employment, including hours and wages. Like any normal contract, competent parties must enter into a labour agreement. However, a labour agreement is unique from other legal contracts in that there is no consideration involved and nothing tangible is exchanged. Many, but not all, unions require formal ratification of a new labour contract by a majority membership acceptance, which is determined through vote by the members. Until majority approval of those voting in a ratification election is received, the proposed labour contract is not final. While each labour agreement is unique to the needs of an organization and its employees, most agreements include five issues: (1) Management Rights, (2) Union Security, (3) Wages and Benefits, (4) Individual Security (Seniority) Rights, and (5) Dispute Resolution. Management Rights “Management” is the process of working with people and resources to accomplish organizational goals by making the best possible use of money, time, materials and people. The management process, when properly executed, involves a wide variety of activities including planning, organizing, directing and controlling. It is management’s role to perform all of these functions in order to maximize results.
Europe has a history of war and conflict that predates living memory and the idea of a united Europe is something that appears repeatedly in that history. Hitler, Napoleon, and the many Roman Emperors all sought a united Europe. Their quests although in many ways motivated by a horrifying desire for power sparked the minds of philosophers and other political thinkers to imagine Europe united in harmony and peace despite national differences. Today we have the European Union which is quite unique. After the horrors, bloodshed, and economic disaster of the twentieth century, in a desire for peace and harmony and economic and political prosperity twenty-seven states have limited their national sovereignty.2 With national interests and ambition still in mind these countries see the European Union and supranational governance and the benefits of peace and prosperity therein as something worthwhile. However, in the history of European integration there has been much conflict and Euroskepticism. Some see unity in diversity and diversity in unity as impossible, and the existence of differentiation in the EU as highly problematic. However, differentiation in the European Union’s integration process is not the hindrance it is often defined as, rather it creates further cooperation in Europe bringing the European Union closer to its objectives of peace, and economic and political growth, resulting in a more effective and efficient bureaucracy. Differentiation in the EU’s integration process has created more successful integration as it allows the nations who wish t...
Forgue, D.G., Kehoskie, N.S. 2007. ‘Enlargement Fatigue in the European Union’. International Law News. Vol 36 (2). Spring 2007. Pp 1-2.
Employment relations refer to the relationship between the employer and the employee. Employment relations are governed by the provisions of the employment contract and/or collective agreement where applicable, common law principles and legislative provisions governing specific situations. Many factors in the external environment have an effect on the employment relations within an organization, which they need to monitor and possibly adapt to the necessary changes. The external environmental factors that would influence employment relations are political, economic, social, technological, legal and environmental.
Traditional literature in the field of labor relations has focused immensely on its benefit towards the employer and in the process equating it to working rules. This has been so despite the field being expected to cover the process of, labor management, union formation, and collective bargain; all which are anticipated to create a positive employer-employee relationship. This relationship is said to be positive if there exist a balance between employment functions and the rights of the laborer. Also important to note, is that this relation is equally important to the public sector as it is to the private one. Therefore, to ensure a mutually conducive labor environment exists, effective labor management process and inclusive negotiation program should be adopted (Mulve 2006; Walton, 2008).
The theory holds work to be governed by a wide range of formal and informal rules and regulations, which cover everything from recruitment, holidays, performance, wages, hours, and a myriad of other details of employment. It asserts that these rules are what industrial actors try to determine, that their establishment is influenced by the wider environmental context in which the actors operate, and that the actors themselves share an interest in maintaining the processes of negotiation and conflict resolution. On the back of these assertions four elements are held to make up the system of industrial relations rule-making. The first is industrial actors, which consists of employers and their representatives (i.e., employer associations), employees and their representatives (i.e., trade unions), and external agencies with an interest in industrial relations (i.e., government departments and labour courts). The second is the environmental context, which