Publicação
A crise da harmonização do direito do trabalho na União Europeia
| Resumo: | This study seeks to contribute to a critical reflection on the current and predictable trends of EU labour law. After a booming period of development known as “the golden age”, this broad and complex normative subsystem entered into a crisis phase that seems to have led to a loss of legitimacy and efficacy. Considering the origins of the crisis, the dissertation examines why and how it has affected the ability of EU labour regimes to shield workers rights, with particular focus on the transition from measures embedded in a (upward) harmonisation model to more flexible regulatory mechanisms. These vectors are essential for understanding the evolution (or mutations) of the community approach throughout the years. Two topics have been chosen as privileged barometers in this field: safeguard of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings of businesses (Council Directive 2001/23/EC); posting of workers in the framework of the provision of services (Directive EU/2018/957 of the European Parliament and of the Council). In this regard, the study gives due importance to the judgments of the Court of Justice of the European Union (CJEU) in Viking, Laval, Ruffert, Comission versus Luxembourg, Alemo-Herron, and AGET Iraklis. The pivotal parts of the research were the primary and secondary law normative instruments, including EU Directives, soft-law solutions and national legal responses, and the judicial framework (particularly the case law of the CJEU). |
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| Autores principais: | Oliveira, Pedro Amauri de |
| Assunto: | EU labour law crisis flexibility harmonisation Direito do trabalho da União Europeia crise flexibilização harmonização - - |
| Ano: | 2024 |
| País: | Portugal |
| Tipo de documento: | tese de doutoramento |
| Tipo de acesso: | acesso embargado |
| Instituição associada: | Universidade de Coimbra |
| Idioma: | português |
| Origem: | Estudo Geral - Universidade de Coimbra |
| Resumo: | This study seeks to contribute to a critical reflection on the current and predictable trends of EU labour law. After a booming period of development known as “the golden age”, this broad and complex normative subsystem entered into a crisis phase that seems to have led to a loss of legitimacy and efficacy. Considering the origins of the crisis, the dissertation examines why and how it has affected the ability of EU labour regimes to shield workers rights, with particular focus on the transition from measures embedded in a (upward) harmonisation model to more flexible regulatory mechanisms. These vectors are essential for understanding the evolution (or mutations) of the community approach throughout the years. Two topics have been chosen as privileged barometers in this field: safeguard of employees’ rights in the event of transfers of undertakings, businesses or parts of undertakings of businesses (Council Directive 2001/23/EC); posting of workers in the framework of the provision of services (Directive EU/2018/957 of the European Parliament and of the Council). In this regard, the study gives due importance to the judgments of the Court of Justice of the European Union (CJEU) in Viking, Laval, Ruffert, Comission versus Luxembourg, Alemo-Herron, and AGET Iraklis. The pivotal parts of the research were the primary and secondary law normative instruments, including EU Directives, soft-law solutions and national legal responses, and the judicial framework (particularly the case law of the CJEU). |
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