improvement is maintained, can be achieved at EU level. "bilancia" il diritto di sciopero', (2008) 2 Lavoro e diritto, 371; How digital and smart work are putting into question many consoilidated acquisitions of labour and social security law. WP C.S.D.L.E. Not surprisi, they allow the discrimination of enterprises from the host Country which. TFEU shall not be considered as the most relevant and effective tool in. ....................................................... 11, 5. ; Regini 2000, 13 ss. These proposals are part of an effort to begin to imagine, and create, a new labor and employment law, one that can foster equity and justice in the new workplace. constitutionally becoming the objective of the new entity. The “digital transformation” of production processes poses landmark challenges for the organization of the workplace and the related employment patterns. "Massimo D'Antona" N. 3/2002}, author={A. Faro}, year={2002} } A. Faro Published 2002 Political Science [From the Introduction]. A study of the evolution of declarations of nationality over time, based on the "Permanent Demographic Sample", shows a vagueness which tends to be masked in standard exploitations. Europa, (2007) Rivista Giuridica del Lavoro, I, 773; Arbeitsrecht Schwedens auf dem europarechtlichen Pr, EUI Working Papers LAW n. 2004/8 available at, free movement provisions and human rights’, (2006), concertazione’, Dipartimento di Scienze Giuridiche, Collana, Implications of the Laval un Partneri Dispute with Swedish. This paper discusses old-age security, consisting in Europe mainly of general social pension systems, in the light of subsidiarity. European Social Policy: Between fragmentation and Integration, The Brookings Institution, Washington D.C. Lieberman R. and J. Lapinski, (2001), American Federalism, Race and the Administration of Welfare, in B.J.Pol.S., 2001/31, p.p. The project addresses a gap in current industrial relations studies, as it aims at combining a comprehensive understanding of the multifaceted phenomena linked to digitalization with the critical examination of the Fighting hunger seems to be one of the most obvious islands of consensus in world religions, and religious institutions, such as the Catholic Church, have an important role to play in advancing food security around the world. The essay analyses the evolution and the present contents of the different forms of private welfare, namely funds for supplementary pensions and for medical care,and various kinds of flexible benefits (grants for education and professional training, care services to employees and their families,support to tourism .sport and leisure activities , initiatives to promote work life balance etc. Main focus is on the consequences of the last Enlargement by ten, primarily Central and Eastern European countries. On the report see A. L, contrattazione collettiva transnazionale: prove, and more generally on the topic, see E. A, “bilancia” il diritto di sciopero’, (2008) 2. indifferenza, conflitto o integrazione?’, WP C.S.D.L.E. The intention of the logo is certainly. Five examples are given for the continuing importance of national industrial relations in integrated Europe: the renewal of tripartite concertation at national level, especially under the pressure of the Maastricht criteria; the likely impact of European Monetary Union on national collective bargaining regimes; the practical consequences of the European Works Councils Directive of 1994; the experience with the Social Dialogue since the Maastricht Treaty; and the Posted Workers Directive, which is discussed as a possible paradigm of the future relationship between European and national social protection in Europe. 39 by art. However, this is not conclusive. However, none of the global religious congregations can effectively address the hunger problem alone, and synchronized actions are needed on this issue. Even when general ethical principles are understood and agreed upon, actors in the system do not take needed actions since they lack the right incentives for doing so (von Braun, J. and Mengistu, T. (2007) Poverty and the globalization of the food and agriculture system. Click the button below to download my CV updated at year 2020 in PDF format. We were obviously wrong and a thorough reflection is needed. Assuming that the reference to a “social market economy” will, least, differentiate the European economic model from the pure neoliberal, EU fighting against social exclusion and discrimination, w, cohesion and solidarity among Member States. what Polity? In each area, she makes suggestions to address problems of insecurity, unfairness, and injustice that frequently arise. These principles have been confirmed. This task requires a deep understanding of the changes brought about by the digital transformation on three crucial features: the organization of the workplace, the rationale Thus, at least collective negotiations and collectiv, under the national rules and collective agreement law applicable, ” the trade union involved “did not have other means at its, with the “minimum rates of pay” principle, ition to trade unions of the right to cite grounds, , calls into question the very existence of, workers. Lab. actualisation of the policies, especially those regarding employment: 12 B, First of all the decision to balance requests for flexibility and, security networks, not only in labour relations but also in the labour, market itself. 5 TFEU reds: “The provisions of this Article shall not, Art. and further developed by ECJ 15 April 2008, Case 268/06, udy_en.pdf. According to the EC. [From the Introduction]. growing number of people are deprived of the fundamental right to food, which is essential for all other rights as well as for human existence itself. To realize the potential of technology and economic policies in reducing hunger and food insecurity, this approach should also give adequate attention to the role of institutions, including religious institutions. Universal Citizenship and the Problem of Alienage. The purpose is to highlight the different positions adopted by the old Member States and the new accession Member States as regards the underlying substantive issues, and the options available to the Court of Justice in answering the questions posed. It. The food and nutrition crisis expands and deepens because ending hunger is a global priority. But I will return to this topic later when I speak on, The second guiding light in European social strategy is the new era of, discrimination (by sex, age, handicap or ethnic origin) has become, increasingly clear and firm. (a) “In this regard, it suffices to point out that, even, domain of freedom to provide services.”. Many lone mothers who are in low income or SA recipients have a post-secondary certification. The changes in the nature of the employment relationship have many implications for labor and employment regulation. Fundamental freedoms as limits and conditions for collective. 6. Also, a higher level of education does not seem to have any benefits in terms of shortening SA spells. It is also this, but it will only be achieved if, opportunities) and solidarity, and for th, still a need for political community and the certainties this provides. introduction remember well the killing of colleagues Ezio Tarantelli, Massimo D’Antona and Marco Biagi at the hands of the Red Brigades. In Ethics, Hunger and Globalization In Search of Appropriate Policies . 10.6 million Died in 2003 before they reached the age of 5 (or roughly 29,000 children per day). No longer is employment centered on a single, primary employer. Get PDF (183 KB) Abstract. The local level is where the interrelationship of multiple factors leading to social exclusion becomes obvious, and at the same time where policies responding to it are most directly needed. Originally stimulated by EU institutions, these forms of bargaining have since progressed autonomously. It brings together university and research centers from Italy, Denmark, Germany, Bulgaria, Estonia, Poland and Hungary. Rev.. ’Europa Sociale: problemi e prospettive, Dir. O, eri in Italia’, (2008) Rivista Italiana di Diritto, This seems to be the case now also for solida, (19.6.2007, 1 AZR 396/06) according to which also, in the main proceedings complies with Community, , no exemption being allowed under: (a) the lack of competence, , nn. Reality and Myth of, “Constitutionnalisation” de l’Union européene et des, EC Framework Directive on Equal Treatment in, De l’étranger à l’immigré. . The Commission shall have the task of promoting the consul, See art. (editors). Shared Work-Valued Care: New Norms for Organizing Market Work and Unpaid Care Work, The new psychological contract: Implications of the changing workplace for labor and employment law, A European perspective on the transformation of work and the future of labour law, Report of the High Level Group on Industrial Relations and Change in the European Union, De l'étranger à l'immigré: La magie sociale d'une catégorie statistique, Smoke Without Fire: The Social Policy Agenda and the Internal Market. 49 whi, legal and contractual treatment applicable to (temporary) t, of all discrimination against a person providing services on the ground of. Such challenges call into question the regulatory role of industrial relations and the capacity of social partners to promote fair working conditions along with a smooth adjustment of companies to the new determinants of competitiveness. Resumen. As a matter of fact, as the ECJ (13 September 2007, Case 307/05, r to call into question the aims pursued by, vel of wages falls within the contractual freedom, nce.”. Jour.. Contract: From Collective Procedure to Individual Rights, BJIR. But … “(..) with regard to workers posted in the, ) only if it is aimed at obliging an undertaking, ) bodies governed by public law, they cannot avail themselves of, . This project aims at analysing the way industrial relations and social dialogue are coping with the problems that arise from the transformation of employment patterns prompted by technological inno, This article analyses place-specific and common social exclusion patterns and trends in a wide variety of European localities from a comparative case study perspective. Are national social models protected? "Massimo D'Antona" 10/2002 Experts’ Report (2002), Report of the High Leve l Group on Industrial Relations and Change in the Eu ropean Union, Employment & nell'ambito del diritto comunitario e comparato del lavoro. The essay pleads for interest mediation along the model of the (former) posted workers directive and critics the recent labour law jurisprudence of the ECJ. Poverty is the state for the majority of the world’s people and nations. The key words: uncertainty and identity. De La Porte C., Pochet P., Room G., (2001). La Presidente della CGIL Susanna Camusso legge la lettera del Presidente della Repubblica Sergio Mattarella In this Article, Professor Stone describes the profound changes that are occurring in the employment relationship in the United States. overlapping of art. Not in Library. "Massimo D'Antona" 10/2002, The Future of Labour Law: Traditional Models of Social, 7July 2002 (http://www.lex.unict.it/eurolabor/ricerca/intell6/default.htm), 2 B, – some of a personal and others of a general nature – which I will outline, The first personal reason is that this internation, no longer with us, Massimo D’Antona. 87 - 88 and 95; and under the scope of application of art. “nucleus of mandatory rules for minimum protection”, of pay”, is likely to produce at least three negative effects: firstly, by, level in order to avoid the legislature to in, interfering in a field traditionally ruled by collective bargaining; thirdly, by, call into question the same legitimacy of collective action aimed at, obtaining higher wages for posted workers and to avoid the above, 4.1 Limitations in purposes and contents for collective action after, interpretation of art. • The GDP (Gross Domestic Product) of the 41 Heavily Indebted Poor Countries (567 million people) is less than the wealth of the world’s 7 richest people combined. to “procedures” .........................................................13. There are only a few – about a few dozen – decisions published dealing with the issue and there is … and universally recognised (Bosniak 2000). Not only is valuable time wasted, but there is evidence that the longer individuals stay on SA, the more difficult it is to exit. Indeed the benefit the, wage standards which exceed that level, also for national workers of the, To the just drawn picture we have to add the lack of EU. Something very close to the, (d) When it eventually comes to the proportionality test, its, relevance has to be accurately evaluated. Transnational Wages Setting as a Key Feature of a, Socially Oriented European Integration: Role of and, (Questionable) Limits on Collective Action, Centro Studi di Diritto del Lavoro Europeo “Massimo D’Antona, Via Crociferi, 81 – 95124 Catania (Italy), Tel: + + 39 095 230464 – Fax: + +39 095 313145, www.lex.unict.it/eurolabor/ricerca/presentazione, WP C.S.D.L.E. 1, be considered unacceptable because of its negative consequences on the, of the Treaties, and without prejudice to an. “Massimo D’Antona”.IT – 254/2015 . Università degli Studi di Napoli "Parthenope". ............................................... ................................................................................. 8, Di prossima pubblicazione in E. Ales, T. Jasp, tà dello European Working Group on Labour Law (EWL), un. Futuro Europa Sociale - Verso una svolta “sociale” dell’Unione europea? "Massimo D'Antona" .INT - 63/2008, 1. 136 EC, inter alia, harmonisation while improvement is being maintaine, transnational provision of services have their terms and conditions of, framework of a transnational provision of services, their employer is, observe a nucleus of mandatory rules for minimum protection in the host, Member State will be justified in the light of the public interest object, policy in order to maintain that collective acti, common ground that collective action, like collective negotiations, agreements, seem to be inherently suitable and appropriate as, restrictions to the exercise of fundamental freedoms which are aimed at, protecting workers’ interests. compete for a public procurement procedure. Time limits, Burden of Proof, ex Officio Application of EC Law. APPLICATION OF MULTIDIMENSIONAL METHODS TO MEASURE POVERTY, Profiles and Transitions of Groups at Risk of Social Exclusion: Lone Parents. Pol. Restricted in its scope and legitimacy as described in the, ‘harmonisation in the improvement’ argument. Neither such a lack can be, Art. Transnational harmonisation of wages as the main instrument of, improvement of living conditions and the crucial role of collective, 3. But this is not, increase in the utility of labour has not led to a st, but it has certainly led to greater complexity and diversity in the legal, and contractual ways in which companies hire top-quality employees, n, least by means of a progressive hybridisation of the patterns of labou, and commercial law, that is, a hybridisation between. posted workers? When our numbers were small and our technology feeble, we were powerless to influence the environment of our world. "Massimo D'Antona" 1/2002 1. cases for English law. Incontri pubblici sul futuro d’Europa Instead, employees operate in a boundaryless workplace in which they expect to move frequently between firms, and between divisions within firms, throughout their working lives. The idea of a bilateral contract of service set within a monolithic employing entity2 has permeated all European legal systems for the last In these cases, the ECJ held that where industrial action infringes an employer's free movement Do traditional values still count? sociale sovranazionale e nazionale: indifferenza, “Massimo D'Antona” .INT - 61/2008; A. C. L. D, The Viking and Laval Cases in the ECJ’, (2008) 2, “Gustafsson” – “Evaldsson”: Das kollektive Arbeitsrecht Sc, European Union: free movement provisions and human rights’, (2006), Constitutional Treaty, according to which: “In defini, its policies and activities, the Union shall take into account requirements, Union shall develop and pursue its actions leading to the, its economic, social and territorial cohesion, Being social among the other, the question is if cohesion may be, (former art. VAT No. Let us analyse them separately, using the same wording of the ECJ. Fundándose en un informe presentado a la Comisión Europea en 2005, el autor defiende que el asunto sea objeto de una norma comunitaria — un reglamento del Consejo con arreglo a los títulos del Tratado de la Unión Europea dedicados a la política social y la cohesión socioeconómica — para dotar así a la negociación colectiva transnacional de un marco optativo de desenvolvimiento. Weaknesses in the development approach to hunger reduction, for example, undermine the rights-based approach in a way which cannot be easily compensated for by charitable actions. It also goes to the core of the debate about the preservation of a ‘European social model’ and the proposed Services Directive. Access scientific knowledge from anywhere. can compete only on labour cost, which is obviously neither true, living condition and the strengthening of economic and socia, Problems linked to the overall financial sustai, then gradually filling the existing wage gap, Such objectives have been developed by the European, Commission within the Social Agenda 2005 - 2010, “In the EU, there is still considerable potential for facilit, improvements in quality and productivity through more intensive, for transnational collective bargaining at, conditions, training. The (blurred) outlines, …. wage standards in case paid to workers from the host Country. decision on a proposal from the Commission. It thereby made foreignness a secondary criterion in the statistical system. 52, par. The Productive Disintegration of Labour Law, ILJ, Nè pubblico nè privato, ma semplicemente una via, Integrazione Europea e Sovranità Sociale dello Stato-, The Paradox of Integration: Habermas and the, Balancing family at Work – to Create a New Social, Employee Organization and Employment Law in the, WP Centro Studi di Diritto del Lavoro Europeo. 3, par. 28 of the Charter, of Fundamental Rights of the EU (hereafter CFREU), optimistically welcomed as decisive in view of eventually providing, collective action with a clear status at EU level. 49 TEC, thus applicable also to trade unions as, As it would happen in Italy, for instance. Law & Pol. Revue du monde musulman et de la Méditerranée. The Judicial Role in the New. Strumenti di qualificazione del rapporto e deflazione del contenzioso = Tools for qualifying the relationship and deflation of the dispute. Rel. Many elements related to sustainable development effects on SC. At present, it is difficult to say exactly what effect, if any, they can have on individual working conditions. "Massimo D'Antona" .INT - 63/2008 At the time of writing the Commission has not yet adopted its proposal and it is very unlikely it will do it in a near future, any reference These can be leaders of rich countries or other global actors such as multinational corporations, institutions, and influential people. E. EKLUND, 'The Laval Case', (2006) 2 Industrial Law Journal, 202; P. A. ), they represented a convergent response by governments and states to the bewilderment and anxiety of the post-war period; in the collective imagination, they meant an answer to a widespread need for certainty, protection, and also identity, often collectively perceived and experienced via participation in trade unions, political parties and other institutions of representative democracy. risk transfer from enterprises to labour; onal labour law systems are negatively or, professional assets rooted in a career (social, tion, which is strongly supported at different, of the method has yet to be demonstrated: but, einventing Labour Law, Berkeley Journ. 45, par. But deeper and more global causes of poverty are often less discussed. Journal, 397; Le sentenze Viking e Laval: la Corte di giustizia "bilancia" il diritto di sciopero. approach, linking organization studies, labour law and industrial relations, with an accurate empirical review of industrial relations practices in specific sectors in the countries involved as well as at the transnational and the EU level. Join Facebook to connect with Massimo Antona and others you may know. Pellegrino M A, D'Antona G, Bortolotto S, … The result, By this I only wish to stress the reach of the challenge that Europe, institutions such as Nafta, social policies are institu. 5, collective action has to be deemed to be the, the right of collective bargaining and action within art. A, En Norvège, la participation des travailleurs âgés à la vie active s’est considérablement accrue. The dispute exposes weaknesses in the protective floor of minimum standards offered by the posted workers Directive. View the profiles of people named Massimo Antona. social cohesion by improving living conditions. "Massimo D'Antona" .INT - 68/2009 1. From foreigner to immigrant. The main contention of the article is that a necessary precondition to the long‐term success of any regulatory strategy founded on diversity, such as that espoused in the Commission Agenda, is that the Court amends its current understanding of what is required for the establishment and functioning of the market in Europe, and that it accepts that differences between the laws of the Member States do not in themselves constitute a threat to the realisation of the internal market project.