Editorial

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Authors: F. Hendrickx

Volume 2 - p. 300

Labour Law and the ‘Public Interest’: Discrimination and Beyond

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Authors: L. Rodgers

Volume 2 - p. 302

Content: This article considers the intersection between labour law and the ‘public interest’ at EU level. It focuses particularly on the recent age discrimination cases in which the right to age discrimination has been balanced with the public interest (in... employment policy). The article seeks to address a number of issues. Firstly, it considers the meaning of ‘public interest’ in relation to labour law, and why this notion has only traditionally been evident in very restricted fields (particularly collective bargaining). Secondly, the article considers the derogations on ‘public interest’ grounds in relation to age discrimination legislation. On this point, the relationship between formal equality (in employment directives) and constitutional equality (in relation to the general principle of non-discrimination) in the EU is discussed. Finally, the article discusses the balance struck between formal and constitutional equality in recent age discrimination cases heard in the ECJ. It considers particularly the effect on this balance of the margin of appreciation afforded to member states in the regulation of economic and social affairs.hide

On Labour Market Intermediation in France

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Authors: P. Auvergnon

Volume 2 - p. 323

Content: This contribution makes an analysis of labour market intermediation services in France. In doing so, attention is paid to the developments and influences that made the labour market intermediation function evolve over time. The liberalisation and r...estructuring of the intermediation market in France is taken into account, seen the adoption of ILO Convention No. 181. While the public function remains unchallenged in the recruitment of unemployed people with rather low qualification levels, private employment agencies today focus on qualified employees who are already in work, or individuals seeking outplacement. Nevertheless, the practical effects of free-market principles should not overestimated.hide

Keeping a Secret: The Increasing Equivalence of Civil Service Concepts in the European Union

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Authors: A. De Becker

Volume 2 - p. 356

Content: This article analyses some legal aspects of the complex world of public service law. These aspects concern the cutting edge of labour law, EU law, administrative and constitutional law. The current legal status of officials is no longer regulated (...or fully regulated) by the sovereignty of the EU- Member States. The national sovereignty of the Member States to retain a specific status for their officials is put under pressure by the EU-regulations and the case law of the ECJ and even also by case law of the ECHR.hide

Who is Responsible for Health and Safety of Temporary Workers? EU and UK Perspectives

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Authors: V. Howes

Volume 2 - p. 379

Content: There have been several attempts to provide certain protection to temporary agency workers at the EU level by Directive 91/383/EEC in respect of health and safety and most recently by Directive 2008/104/EC in respect of other working conditions. Ho...wever, the precarious employment status of temporary workers has been a stumbling block in clear understanding of who owes duties and responsibilities for health and safe of these workers. By seeking to address this issue, the paper analyses the existing legal provisions relating to health and safety of temporary agency workers at the EU and UK levels in the context of a more general problem associated with the employment status of such workers, and suggests a number of alternatives to the existing legal regime which could potentially clarify the situation.hide