Development of Labor Law in the EE and EAEU: how comparable? (original) (raw)
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Development of labor law in the eu an d eaeu: how comparable?
Russian Law Journal, 2018
Kyrgyzstan have entered into the Eurasian Economic Union (EAEU) with the ambitious goal of ultimately transforming it into a "Eurasian Union" with a deeper confederative structure in the future. Parallels between this regional integration project and the European Union integration process are emerging. But there are also marked differences between them. The article highlights those parallels and differences in order to assess the general prospects for harmonizing labor law among the member states and to clarify how much of the EU experience in the harmonization of labor law may be applicable to the Eurasian integration project. The completely different roots and ways to harmonize the national labor law systems within the EU and the EAEU are also discussed in the article. The authors claim that the approaches to harmonizing labor law in the two regions are mirror images of each other. While the EU project attempts to provide at least a partial common legal framework for certain separate aspects of legal regulation of labor among the very diverse national labor law systems, the EAEU currently refuses even to address the harmonization of national labor laws. However, the national labor law systems of EAEU member states are already much more homogenous than in the EU. Therefore, labor law harmonization in the EAEU may develop as a consequence of its economic integration and single market.
Comparative Analysis of the EAEU and the EU Common Labour Markets
Vestnik RUDN. International Relations
The embodiment of the pragmatic school of the 100 years old Eurasianism movement - the Eurasian Economic Union - took inspiration from the European Union to create a single internal market. Hence, the EU and the EAEU both aim to liberalize economic relations between their member states despite their fundamentally distinct histories and development levels. Both unions have achieved some degree of success in establishing the common labour market. As the integration process continues in the context of the global pandemic there are new barriers to abolish. This article examines the European Union (EU) and Eurasian Economic Unions (EAEU) major accomplishments and challenges in establishing a single labour market. The research used a systematic approach to outline two regional labour markets policy context and mechanisms. Comparative analysis is used to highlight the similarities and differences of the EAEU and EUs practice and current challenges in the framework of the single labour mark...
Chicago Kent Law Review, 1992
The author wishes to thank Pam Connally, John McIntire, and Jon Newman for their able research assistance on this project, and to express her gratitude to Maria Makris-Gouvas and Ted Tomlinson, for their insightful suggestions about the manuscript. 1. A useful summary of the provisions of the Treaty on European Union and the changes it will effect in the institutional, economic, and legal structure of the European Community may be found in PAOLO MENGOZZI, EUROPEAN COMMUNITY LAW: FROM COMMON MARKET TO EURO-PEAN UNITY 295-304 (Patrick Del Duca trans., 1992). On the broad implications of the Community becoming a European Union, see generally Peter Ludlow, The Maastricht Treaty and the Future of Europe, 15 WASH. Q. 119 (1992). 2. The expanded social competence largely exempts the U.K., however. See Protocol on Social Policy annexed to Treaty on European Union, reprinted in 31 I.L.M. 357-58 (1992) [hereinafter Protocol on Social Policy]; Agreement on Social Policy Concluded Between the Member States of the European Community with the Exception of the United Kingdom of Great Britain and Northern Ireland annexed to Protocol on Social Policy annexed to Treaty on European Union, reprinted in 31 I.L.M. 358-60 (1992) [hereinafter Agreement on Social Policy]. See generally ROGER BLANPAIN, LABOUR LAW AND INDUSTRIAL RELATIONS FOR THE EUROPEAN UNION: MAASTRICHT AND BEYOND: FROM A COMMUNITY TO A UNION 31-33 (1992). 3. Title III of the TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY, [EEC TREATY] (as amended 1987), entitled "Social Policy," includes a Social Provisions chapter with The pace of these developments may seem glacial to some Europeans, but from the American perspective, they seem fairly breathtaking. Even the name of the Community has been rendered partially obsolete. Upon ratification of the Treaty on European Union, agreed upon at Maastricht by the twelve Member States on December 10, 1991, and signed February 7, 1992, the European Economic Community, or "EEC," is transformed into a European Union to be known as the European Community, the "EC. ' '4 As of this writing, ten Member States-all but the UK and Denmark-have ratified the Maastricht Treaty. 5 The transformation from an economic to a political and social union is by no means assured, however. The Danish refusal to ratify the Maastricht Treaty without substantive change 6 is symptomatic of growing concerns among the citizens in several EC countries regarding the "democratic deficit"-the limited electoral accountability of most organs of government in the EC structure. 7 Because the Danish objections involve issues such as the single currency and foreign and defense policy 8-matarticles bearing on employment (art. 118); labor-management relations and collective bargaining (arts. 118, 118B); working conditions (arts. 117, 118); vocational training (art. 118); social security (arts. 118, 121); occupational safety and health (arts. 118, 118A); labor law (art. 118); workers' right of association for purposes of mutual aid and protection, including union organizing (art. 118); equal remuneration for equal work by men and women (art. 119); and governmentally-mandated paid holiday schemes (art. 120). In addition, the Social Policy Title includes a chapter establishing the European Social Fund, to encourage and fund vocational retraining as well as to provide interim assistance and resettlement allowances for workers displaced by business restructurings and redeployment of operations. EEC TREATY, supra, arts. 117-21. 4. Treaty on European Union, art. G, intro. para., A(l) (amending EEC TREATY, supra note 3, art. 1) [hereinafter EC Treaty or Maastricht Treaty]. See MENGOZZI, supra note I, at 295, 297. The twelve Member States are Belgium,
The Impact of the European Community on Labor Law: Some American Comparisons
68 Chicago Kent Law Review 1427, 1993
The pace of these developments may seem glacial to some Europeans, but from the American perspective, they seem fairly breathtaking. Even the name of the Community has been rendered partially obsolete. Upon ratification of the Treaty on European Union, agreed upon at Maastricht by the twelve Member States on December 10, 1991, and signed February 7, 1992, the European Economic Community, or "EEC," is transformed into a European Union to be known as the European Community, the "EC." 4 As of this writing, ten Member States-all but the UK and Denmark-have ratified the Maastricht Treaty. 5 The transformation from an economic to a political and social union is by no means assured, however. The Danish refusal to ratify the Maastricht Treaty without substantive change 6 is symptomatic of growing concerns among the citizens in several EC countries regarding the "democratic deficit"-the limited electoral accountability of most organs of government in the EC structure. 7 Because the Danish objections involve issues such as the single currency and foreign and defense policy 8-matarticles bearing on employment (art. 118); labor-management relations and collective bargaining (arts. 118, 118B); working conditions (arts. 117, 118); vocational training (art. 118); social security (arts. 118, 121); occupational safety and health (arts. 118, liSA); labor law (art. 118); workers' right of association for purposes of mutual aid and protection, including union organizing (art. 118); equal remuneration for equal work by men and women (art. 119); and governmentally-mandated paid holiday schemes (art. 120). In addition, the Social Policy Title includes a chapter establishing the European Social Fund, to encourage and fund vocational retraining as well as to provide interim assistance and resettlement allowances for workers displaced by business restructurings and redeployment of operations. EEC TREATY, supra, arts. 117-21. 4. Treaty on European Union, art. G, intro. para., A(I) (amending EEC TREATY, supra note 3, art. I) [hereinafter EC Treaty or Maastricht Treaty). See MENGOZZI, supra note I, at 295, 297. The twelve Member States are Belgium,
The Future of Labour Law: Insights from an East European Country
european labour law journal, 2010
The accession of the eight former socialist countries to the European Union in 2004 (and further two in 2007) was preceded and also followed by intensive debates on the supposed effect of this accession to the labour standards in the fifteen "Old Member" states. This contribution, however, takes a somewhat different viewpoint, in light of the debate on the future of labour law in Europe. It not only takes the perspective of a so-called transitional country in the course of and after the accession to the European Union. It also encourages the search for viable solutions drawn from the pre-transition experience of Eastern European countries, without neglecting the opposite substance of centralized planned economies and market economies.
The rise and fall of EU labour law
European Law Journal, 2018
EU labour law-namely that heterogeneous, unstable combination of interventions, tools, measures, sources through which the EU directly or indirectly impacts on the normative and functional frameworks of individual and collective labour law systems of the Member States in a relationship of mutual interference and interaction-is experiencing a progressive loss of relevance, with an unprecedented decline of its normative rationales, functions, regulatory techniques, and constitutional hierarchies. This article offers a critical reflection on the reasons behind such a regressive path in the context of the EU crisis.
EU Governance of Employment Relations and Its Discontents
Cambridge University Press eBooks, 2024
Most union leaders knew that the single market project and monetary union could expose workers' pay and working conditions to increased horizontal market integration pressures. Even so, European unions by and large supported the Single European Act (SEA) () and the Maastricht Treaty (). Most European trade unionists thought that these treaties not only promised higher overall growth rates but also seemed to provide a basis for social EU laws and some protection against the most radical forms of capitalist globalisation (Bieler, ). Although the idea of a European social model successively gained some traction among European policymakers, vertical EU interventions in the social field that improved working and living conditions remained an exception. Accordingly, a multilevel system of European employment relations emerged (Marginson and Sisson, ) that included some EU-level labour laws but continued to be shaped primarily by horizontal market integration pressures and different responses to them by governments, employers, and unions at national level. As the increased European horizontal market integration pressures would put workers and national employment relations regimes in competition with one another, French and German business leaders already predicted in that unions would 'lose their role in wage negotiations' after the introduction of the Euro (Erne, : ). Until , national social partners formally remained autonomous in the key areas of employment relations, namely, wage and collective bargaining policy. After the financial crisis however, the picture changed dramatically. The EU's new economic governance (NEG) regime
Implementation of EU labour law directives by way of national collective agreements
Innovative Verwaltung in Forschung und Lehre, 2020
Living and Working Conditions (Eurofound) in Dublin. His article draws on Eurofound's European industrial relations dictionary, the working paper Welz, Transposition of EU labour law directives through collective agreements at national level, and the article Welz, EU labour law directives and national collective agreements: A clash of cultures?, Eurofound 2020 (https://www.eurofound.eur opa.eu/publications/article/2020/eu-labour-law-directives-and-national-collective-ag reements-a-clash-of-cultures).