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With a focus on how directly the conditions of access to employment are
modified by EU legislation and case law, this important book critically
analyses the mandate by which the EU constrains domestic competences to
regulate access to labour markets. The author identifies an ‘EU public-social
order approach’ – a set of norms imposed by EU institutions on domestic
authorities in the performance of a task with social implications. In the area
of access to labour markets, this approach is characterized by the following
measures and objectives:
prohibition of certain forms of discrimination in access to employment, which
enhances the protection of individuals;
facilitation of the cross-border allocation of workforce among Member States,
which requires domestic decision-makers to give equal chances to all EU
promotion of the economic competitiveness of domestic labour markets, which
affects the rights of third country nationals.
The presentation assesses the effectiveness of this public-social order
approach – in particular as revealed in ECJ case law – as a tool to increase
economic efficiency, advance distributive justice, and ensure protection of
dignity. By way of detailed example, the author examines reforms of employment
contract law and economic migration law in France, and for purposes of
comparison illustrates parallel movements in defining the principle of
equality as manifested in U.S. law. Thorough and incisive, this analysis of
the constraints imposed by EU law on the exercise by domestic institutions of
their competence in regulating labour markets is valuable not only to lawyers
and academics in employment law, but also of great interest to jurists and
policymakers in the wider field of European law as an accurate overview of the
tensions between EU constraints and the tools used by national policy makers.
List of Abbreviations.
Part I The EU Public-Social Order Constraining Domestic Regulation of
Access to Labour Markets.
Chapter 1 EU Constraints to Facilitate Cross-Border Workforce Allocations.
Chapter 2 EU Constraints to Promote the Competitiveness of Domestic Labour
Chapter 3 EU Constraints for Greater ‘Fairness’ for Individuals in Domestic
Part II Tensions within the EU Public-Social Order Approach of Access to