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|Other Titles:||The Application of Criminal Law and Administrative Law to Collective Labor Disputes|
Labor Disputes Settlement Law in The European Union;Collective Agreement Law in The European Union;Primary European Union Law;Secondary European Union Law;Strike;Lock-out
|Issue Date:||2016-05-20 14:19:50 (UTC+8)|
After forty years of unification, the standard of ‘Law for the Settlement of Labor Disputes’ or ‘Collective Bargaining Agreement Law’ has however not yet been developed (including primary community law and secondary community law) in the European Union. As for the future developments, whether or not the basic protection of the right of labor dispute will be formed, as well as whether the European Union will take an interest in integrating labor dispute settlement laws in various member nations, is completely dependent upon the role of strike and factory lock-out will play in each member nation, as well as in the European Union as a whole (in particular) in the future. In this respect, the dialogues engaged in by social partners as stipulated by the European Union Treaty 139th, will provide a space for thinking about a future ‘European Union collective bargaining agreement law (Europaeisierung des the Tarifrechts)’ At the same time, a procedure for unifying dispute actions will inevitably be activated. It is essential for scholars to strengthen and elaborate this procedure. However, undeniably, before a legal system for the settlement of labor disputes appears in the European Union, legal systems for the settlement of labor disputes in the member nations must also enter into the European Union’s field of vision, and expand an active space for explaining, maintaining and promoting the working and economic conditions. In order to prevent the situation of ‘vicious competition of social costs (Sozialkostenwettbewerb)’ from appearing, it is necessary that the national legal systems for the settlement of labor disputes in each member nation be as competitively neutral as possible.
|Relation:||法學評論, 117, 109-221|
|Appears in Collections:||[Chengchi law review ] Journal Articles|
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