The Basis in EU Constitutional Law for Further Social Integration

Baere, Geert De; Gutman, Kathleen; Vandenbroucke, Frank; Barnard, Catherine

doi:10.1017/9781108235174.015

Cited by 5 publications

(5 citation statements)

References 18 publications

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“…9 Pre-Brexit, Article 14 of the European Convention on Human Rights and EU labour law (Employment Equality Directive 2000/78/EC) also provided protection against age discrimination. Although post-Brexit, EU 10 law no longer has a binding force on UK equality law, because many of the earlier (now incorporated and retained) UK anti-discrimination legislation has implemented EU Directives, the EqA and human rights law in the UK more generally, is strongly connected with EU law (Barnard, 2018; Schiek and Fanning, 2022), and improvements in UK law can be traced back to the input of EU law (Fredman, 2023).…”

Section: Overview Of Age Discrimination Legislationmentioning

confidence: 99%

Are employer-dismissed older workers adequately compensated? Comparison of Australian and UK age discrimination and dismissal cases

Gardiner

Debrulle

2023

Journal of Industrial Relations

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This paper focuses on the legal remedies for age discrimination and dismissal of older workers, identifying the factors that courts and tribunals in Australia and the United Kingdom (UK) consider when calculating compensation for two forms of damages: injury to feelings and future losses. A secondary aim is to determine whether these factors adequately consider the unique workforce participation challenges faced by older workers in both countries. Considering the similarities between Australian and UK age discrimination law and given that the latter jurisdiction has had considerably more successful cases than the former, this study adopts a comparative approach and draws on UK cases to inform the development of Australian age discrimination law. Analysis of all successful Australian and a selection of successful UK age discrimination and dismissal cases spanning from 2017 to 2020 suggests that Australian law might be strengthened by: adopting a scale of awards similar to the guidelines established in Vento v Chief Constable of West Yorkshire Police [2002] EWCA Civ 1871 (‘ Vento’) for recognising and awarding injury to feelings; and by more readily awarding future losses, particularly for claimants who plan to work or who are already working past retirement age.

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Section: Overview Of Age Discrimination Legislationmentioning

confidence: 99%

Are employer-dismissed older workers adequately compensated? Comparison of Australian and UK age discrimination and dismissal cases

Gardiner

Debrulle

2023

Journal of Industrial Relations

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“…352 TFEU. 106 The rationale behind opting for a soft-law instrument was thus more of a political decision rather than a problem of lack of competence. 107 Arguably, a binding instrument providing minimum standards would be more effective when tackling the constitutional asymmetries inherent to the EU between the internal market and monetary and economic governance on the one hand, and the social dimension of the EU on the other.…”

Section: For Poorer and In Sicknessmentioning

confidence: 99%

Adapt or perish: Recent developments on social protection in the EU under a gig deal of pressure

Aranguiz

Bednarowicz

2018

European Labour Law Journal

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In times of the so-called gig economy, access to an adequate level of social protection should not depend on whether or not a person is working on a standard employment contract. Access to social protection for non-standard forms of labour and self-employment is, as a matter of fact, one of the main themes being discussed at the moment within the debates surrounding the European Pillar of Social Rights. This article aims at assessing the recent initiatives at the EU level that have the objective of ensuring access to social protection for all and both granting and enforcing transparent and predictable working conditions for workers. Accordingly, this contribution first sheds some light on the discussion on non-standard forms of labour and the problematics surrounding the emergence of new forms of labour to later analyse the new EU initiatives, in particular, the proposal for a Recommendation on access to social protection for workers and the self-employed. It concludes by welcoming the recent position of the EU with regard to such challenges, yet emphasising also the need to do more.

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“…If this causes a perceived risk for a decline in social standards and hence a reaction by policymakers (see section 1), this 'ghost' can only be tackled by increased social engagement at the EU level. 112 Acknowledging that EU competences in the area of social policy are limited, 113 there is still an economic argument that as long as states fear (negative) spill-over effects of national regulation, this constitutes a collective action problem that can only be solved at a central level. 114 In EU terminology, this would suggest a need for minimum harmonisation.…”

Section: The Case For More Social Engagement At the Eu Levelmentioning

confidence: 99%

‘Benefit tourism’ post-Brexit: tackling the ghost by more EU social engagement

Papp

2018

NILQ

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This article argues that welfare migration, although ill-defined and yet to be proven empirically, needs to be addressed by the EU. The negative perception of immigration has given rise to anti-EU, nationalist sentiment. Financial solidarity between EU citizens is subject to caveats, although there is hope for increased solidarity between pro-EU citizens post-Brexit. The EU should foster this by introducing ‘associate citizenship’. It can take guidance from the USA and provide for basic EU social standards while guaranteeing free movement for the rich and the poor.

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The Basis in EU Constitutional Law for Further Social Integration

Cited by 5 publications

References 18 publications

Are employer-dismissed older workers adequately compensated? Comparison of Australian and UK age discrimination and dismissal cases

Are employer-dismissed older workers adequately compensated? Comparison of Australian and UK age discrimination and dismissal cases

Adapt or perish: Recent developments on social protection in the EU under a gig deal of pressure

‘Benefit tourism’ post-Brexit: tackling the ghost by more EU social engagement

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