Documents Hendrickx, Frank 19 results

"Fundamental social rights have come a long way in the history of the European Union. Until recently, with the currently contested EU Constitutional Treaty, the Union showed a willingness to adopt a binding instrument containing fundamental social rights. This article argues that the newly pledged fundamental rights would have a considerable impact on both EU as well as Member State policies. The paper also outlines the development of fundamental social rights in the European Union and shows a lack of a clear and uniform approach to the fundamental rights debate in Europe. It is argued that a more general ?constitutionally coloured? fundamental rights pathway must be distinguished from the social policy track, but that the two approaches have merged over the years, finding a synthesis in the Charter on Fundamental Rights incorporated into the Constitutional Treaty. The focus is therefore on a pre-constitutional and a post-constitutional understanding of fundamental social rights."

"In their introduction to this Special Issue, the authors situate the architecture of global labour governance against the background of the challenges posed by globalization. Noting the limitations of a conventional governmental approach to labour governance, they suggest considering new “hybrid” regulatory modes and mechanisms, which involve a combination of public and private actors and initiatives alongside or instead of traditional international labour law. The authors conclude by examining possible explanations for the emergence of gaps in the enforcement of labour rights, looking in particular at the issues of labour-standard “selectivity” and the stringency with which standards are enforced."

"On the occasion of the official ‘retirement' of the eminent labour law scholar Antoine Jacobs, a number of his colleagues – themselves well-respected in the field of labour law and industrial relations – have assembled this volume of essays to manifest the breadth and variety of this great professor's work. The authors pay particular attention to the tension, always present in Jacobs's critical research, of traditional values with an acute awareness of emerging realities. He approached labour law, not merely as a series of static issues concerning workers and employers, but as an evolving discipline that persistently challenged its socio-political context. Among the wide range of issues considered in this collection – all of them prominent in Jacobs's work – are the following:

• the right to work;

• the right to strike versus the freedom to strike;

• the role of the European Union in national labour law;

• transnational collective bargaining;

• social security issues;

• labour law and the social teaching of churches;

• bankruptcy;

• ‘atypical' work;

• temporary agency work;

• discrimination on the basis of age;

• corporate social responsibility;

• European labour law after the Lisbon Treaty;

• the historical formation of the labour contract;

• labour law after the current economic situation; and

• damages and industrial action.



The authors provide detailed analyses and descriptions of trends in these and other matters central to the law of labour and industrial relations, even as they discover (or rediscover) underlying principles that bear witness to the vitality of their field in a rapidly ‘globalizing' world. Practitioners, academics, regulators, and policymakers will all find rich material here."

"This book deals with active ageing and labour law and is dedicated to professor Roger Blanpain at the occasion of his 80th anniversary. For the European Union, active ageing means growing old in good health and as a full member of society, feeling more fulfilled in our jobs, more independent in our daily lives and more involved as citizens. For labour law, it covers a wide variety of issues, such as age discrimination in recruitment and selection, seniority rules, pay and working conditions, or modern concepts such as work-life balance, involving working time regulations and adjustments made for older people in order to allow them to stay on the labour market. In this book, leading scholars share their insights on the role of labour law in an ageing society. The book has a focus on Europe, both the European Union as well as the Member States. However, in the tradition of Blanpain's school of thought, a global mindset is used, including comparative work, a perspective from the United States, as well as an interdisciplinary understanding of labour law and active ageing. "

"On 17 January 2008, the Lessius University College organized an international conference in the context of the Leo Tindemans Chair. The conference aimed to foster the debate on flexicurity in the European Union from a multi-disciplinary approach. It raised key questions, such as: In what context does flexicurity play a role? What are the current challenges for the world of work? What is the meaning of flexicurity? How is it to be understood in European economic and social policy? What is the success of the ‘Danish model' and is it transferable? What is the effect of the flexicurity debate on labour laws? How will European flexicurity policy develop and what can Member States do to become flexicure? This book contains the papers that were drafted in view of the conference. They are written from different disciplinary angles, such as economics, political sciences, labour market studies, social policy and law. "