The book provides insights into the complex labour and social security framework of EU employment and its enforcement, outlining the complicated legal framework, practical problems, and ways to overcome them. It analyses the penetration of EU (market) law into national systems of labour and social security law, considering the divergent solutions and views within labour and social security law. It also pays special attention to the cooperation between inspection services and other stakeholders to guarantee efficient enforcement, including prevention and monitoring issues.

Format: Paperback / softback
Length: 602 pages
Publication date: 09 December 2023
Publisher: Springer International Publishing AG

This book offers valuable insights into the intricate labor and social security framework of EU employment, encompassing a comprehensive analysis of various EU instruments and case law. It delves into the complex legal framework, practical challenges, and strategies to address them. Additionally, it provides a historical perspective on the evolution of the framework, highlighting numerous modifications over the years and addressing interpretation-related difficulties. Since the establishment of the European Community 65 years ago, migration and the European labor market have undergone significant transformations, characterized by unique patterns of temporary mobility, such as postings, simultaneous work in multiple Member States, and high mobility. This has raised crucial questions regarding the applicable legal framework, particularly regarding the interplay between the free movement of persons and services. The book explores the intricate interplay between these elements, examining the legal implications of border crossings and the extent to which individuals have control over their legal status. Furthermore, it delves into the penetration of EU (market) law into national systems of labor and social security law, highlighting divergent solutions and perspectives within these legal domains. Recognizing the potential negative consequences of the European construction, such as social dumping, the book emphasizes the importance of cooperation between inspection services and other stakeholders to ensure effective enforcement. Enforcement goes beyond mere sanctioning and involves a comprehensive approach that addresses the root causes of non-compliance. Overall, this book provides a comprehensive and critical examination of the EU's labor and social security framework, offering valuable insights for practitioners, policymakers, and researchers alike.

Book Overview

This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter?

Book Overview

The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view. As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction – social dumping being the prime example – special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also involves measures to prevent non-compliance and promote compliance. The book also explores the role of the European Court of Justice in interpreting EU law and its impact on the enforcement of labor and social security rights. Overall, this book provides a comprehensive and critical examination of the EU's labor and social security framework, offering valuable insights for practitioners, policymakers, and researchers alike.

Dimension: 235 x 155 (mm)
ISBN-13: 9783031188565
Edition number: 1st ed. 2022