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Borderlines in Private Law

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Lord Denning: Life, Law and Legacy



  


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From Social Competition to Social Dumping

Edited by: Jan Buelens, Marc Rigaux

ISBN13: 9781780683522
Published: March 2016
Publisher: Intersentia Publishers
Country of Publication: UK
Format: Paperback
Price: £48.00



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The economic unification of Europe has created a lot of victims. The realization of the single market has taken place without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial areas its authors had in mind. It has in fact led to changes in European society that are so far-reaching that they could very well be characterized as mutations.

This book looks at the phenomenon of social dumping in the wider context of liberalized social competition as steered by the European Union. It contains a number of testimonies by people who actively fight social dumping, with special attention paid to the harrowing dumping practices in the road transport sector. Some of the authors also examine the phenomenon of social dumping in relation to compliance with the fundamental right of all workers to respect for their dignity as human beings. In this respect, the underlying question is whether, by tolerating legislation that allows human dignity to be violated by social dumping, the European and national legislators in fact infringe on this key fundamental right.

This book is intended for practitioners, academics, researchers and policy-makers working in the area of social policy.

With academic contributions from Marc Rigaux, Wolfgang Daübler, Jan Buelens and Lies Michielsen, Herwig Verschueren, Barbara Kresal, Gian Guido Balandi, Fieke Van Overbeeke, Ferran Camas Roda and Walter Gagawczuk. The book concludes with a number of testimonies from the field.

Subjects:
Competition Law
Contents:
PART I. CONTRIBUTIONS
Chapter 1. The Right to Human Dignity at Stake (p.
1)
Chapter 2. Human Dignity of Workers and Competition (p.
21)
Chapter 3. Social Dumping: A Symptom of the European Construction. An Exploratory Study of Social Dumping in Road Transport (p.
33)
Chapter 4. The Territorial Application of Labour Law in the EU Internal Market. On Legal Rules and Economic Interests (p.
63)
Chapter 5. The Tense Relationship Between Labour Market Rights and Respect for Dignity at Work: European Dimension (p.
85)
Chapter 6. Limiting the Role of Public Authorities in the Deployment of Services. The Tense Relationship between Labour Market Rights and Respect for Dignity at Work, Limiting the Role of Public Authorities in the Deployment of Services (p.
99)
Chapter 7. Do we Need a New Conflict-of-Laws Rule for Labour in the European Road Transport Sector? Yes We Do (p.
107)
Chapter 8. The Right to Human Dignity: Ultimate Limit to Social Competition and Market Freedoms (p.
123)

PART II. TESTIMONIES FROM THE FIELD
Chapter 9. The National Legal Battle against Social Exploitation in Austria (p.
137)
Chapter 11. The National Legal Battle against Social Exploitation. National Practices of Finnish Labour Inspection (p.
147)