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See detailAn uncertain future for EU-Level Collective Bargaining: the new rules of the game after EPSU
Garcia Munoz Alhambra, Manuel Antonio UL

in Industrial Law Journal (2022), 51(2), 318-345

The General Court of the European Union (GCEU) in EPSU and Goudriaan vs. Commission and the Court of Justice of the European Union (CJEU) in the subsequent appeal judgment reached an identical conclusion ... [more ▼]

The General Court of the European Union (GCEU) in EPSU and Goudriaan vs. Commission and the Court of Justice of the European Union (CJEU) in the subsequent appeal judgment reached an identical conclusion on a key aspect of the system of EU level collective bargaining. The Courts held that Article 155(2) of the Treaty on the Functioning of the European Union (TFEU) does not impose any obligation on the European Commission to send a social partner agreement to the Council. This is in line with the Commission’s recent interpretation of Article 155(2) TFEU that subordinates the implementation of the European agreements to a positive assessment of their appropriateness. This article critically assesses the GCEU and CJEU rulings in EPSU and argues that they confirm a major break with the praxis of European collective bargaining that will have negative consequences for the social partners’ autonomy and role in the EU. In order to better understand this break, the article examines how and when the Commission changed its approach to European social dialogue, resulting in the new interpretation of Article 155(2) TFEU, and proposes a hypothesis to understand why. The article concludes by describing the consequences of the new reading of Article 155(2) TFEU for the idea of collective autonomy in EU law as well as for the practice of EU level social dialogue and collective bargaining. [less ▲]

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See detailEU Law, In-Work Poverty, and Vulnerable Workers
Ratti, Luca UL; Garcia Munoz Alhambra, Manuel Antonio UL

in European Law Open (2022), (3), 733747

The focus of the present contribution is the role of European Union (EU) law in shaping the working conditions of four groups of vulnerable workers. It assesses to what extent the impact of EU law favours ... [more ▼]

The focus of the present contribution is the role of European Union (EU) law in shaping the working conditions of four groups of vulnerable workers. It assesses to what extent the impact of EU law favours, on these particular groups, an increased risk of In-Work Poverty (IWP) and explores whether the recent attention to IWP at EU level and the latest initiatives adopted may change the picture in the near future. The purpose is, therefore, to contribute to the debate on the role of EU law and policy in structuring vulnerability from the perspective of IWP. What is commonly known as EU labour law is a fragmentary legal corpus that has grown in a rather patchwork fashion as part of a social dimension of the European project that was, broadly speaking, functional to the logic of market integration. This originates in the early division of competences between the EU and the Member States in the Treaty of Rome, which left labour law and social protection outside the EU sphere of action. It partly explains why the protection of workers, particularly those that do not engage in cross-border situations, does not seem to be the EU’s primary goal, or at least it is not formulated as contrary to other potentially clashing rationales such as market integration, flexibility, enhanced competitiveness and so on. The prevention of IWP was not, in any case, one of the concerns of the original European project. Yet, EU law has produced several pieces of legislation that directly or indirectly contribute to shaping the working conditions of European workers, including those more exposed to IWP. The paper assesses the relevant EU legal framework and discusses its impact on the working conditions of those more at risk of IWP. It concludes by estimating the potential of a series of recent initiatives to enhance the protection of the most vulnerable workers, thus making a positive change. [less ▲]

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See detailIn-Work poverty in the EU - EU Law Live Special Issue (II)
Ratti, Luca UL; Garcia Munoz Alhambra, Manuel Antonio UL

in EU Law Live - Weekend Edition (2022)

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See detailIn-work poverty in Luxembourg
Garcia Munoz Alhambra, Manuel Antonio UL

in Ratti, Luca (Ed.) In-Work Poverty in Europe. Vulnerable and Under-represented Persons in a Comparative Perspective (2022)

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See detailThe Challenge of Defining, Measuring, and Overcoming In-Work Poverty in Europe: An Introduction
Ratti, Luca UL; Garcia Munoz Alhambra, Manuel Antonio UL; Vergnat, Vincent

in Ratti, Luca (Ed.) In-Work Poverty in Europe. Vulnerable and Under-represented Persons in a Comparative Perspective (2022)

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See detailEuropean Sectoral Social Dialogue
Garcia Munoz Alhambra, Manuel Antonio UL

in Garcia Munoz Alhambra, Manuel Antonio; ter Haar, Beryl; Kun, Attila (Eds.) EU Collective Labour Law (2021)

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See detailLiving Wage: Regulatory Solutions to Informal and Precarious Work in Global Supply Chains
Garcia Munoz Alhambra, Manuel Antonio UL

in Australian Journal of Labour Law (2021), (3), 235-241

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See detailIn-Work poverty in the EU - EU Law Live Special Issue (I)
Ratti, Luca UL; Garcia Munoz Alhambra, Manuel Antonio UL

in EU Law Live - Weekend Edition (2021)

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See detailCovid-19 and labour law in Spain
Garcia Munoz Alhambra, Manuel Antonio UL

in European Labour Law Journal (2020), 11(3), 319-323

The Covid-19 crisis in Spain has led to the adoption of several pieces of legislation with labour law and social security content. The main priority of this fast-changing and frequently adapted ... [more ▼]

The Covid-19 crisis in Spain has led to the adoption of several pieces of legislation with labour law and social security content. The main priority of this fast-changing and frequently adapted legislation has been to avoid a sharp rise in unemployment. To do so, the legislator facilitated the use of the already existing procedures to temporarily suspend contracts (Expedientes Temporales de Regulacion de Empleo) ´ and prohibited certain kinds of dismissals (those based on economic circumstances and force majeure). To further develop a social shield with the ambition to protect the most vulnerable workers and families several measures that can be classified as income support have been adopted. [less ▲]

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See detailHarnessing Public Institutions for Labour Law Enforcement. Embedding a Transnational Labour Inspectorate within the ILO
Garcia Munoz Alhambra, Manuel Antonio UL; Ter Haar, Beryl; Kun, Attila

in International Organizations Law Review (2020), 17(1), 233260

The paper explores how to integrate a Transnational Labour Inspectorate (‘TLI’) dealing with transnational private instruments of Multinational Enterprises (‘MNEs’) into the International Labour ... [more ▼]

The paper explores how to integrate a Transnational Labour Inspectorate (‘TLI’) dealing with transnational private instruments of Multinational Enterprises (‘MNEs’) into the International Labour Organization (‘ILO’). After exploring monitoring initiatives with roots in public international organizations, we will argue that from an international law perspective on international legal personality such activities can be justified. Under the qualification of ‘subject normation’, as we dub these activities, we will argue that the ILO is the best situated locus to embed a system to inspect commitments MNEs voluntary adhere to in their CSR strategies, including Global Framework Agreements. Finally, we explain how the TLI as we envisage it could fit within the existing system of enforcement and compliance monitoring of the ILO. [less ▲]

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