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European Labour Law

European Labour Law. Jean Monnet Chair of EU Labour Law Academic Year 2014-2015 Silvia Borelli: silvia.borelli@unife.it http://www.unife.it/giurisprudenza/giurisprudenza/studiare/european-labour-law Please , check the web site for any materials distributed during the course ! Lesson 4.

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European Labour Law

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  1. EuropeanLabour Law Jean Monnet Chair of EU Labour LawAcademicYear 2014-2015Silvia Borelli: silvia.borelli@unife.ithttp://www.unife.it/giurisprudenza/giurisprudenza/studiare/european-labour-lawPlease, check the web site for anymaterialsdistributedduring the course!Lesson4

  2. EuropeanEmploymentStrategy Objectives: The Union shall work for «a highly competitive social market economy, aiming at full employment and social progress” (art. 3 TEU). “In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment” (Art. 9 TFEU). Member States and the Union shall “work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce and labour markets responsive to economic change” (art. 145 TFEU). States’ role: «Member States, through their employment policies, shall contribute to the achievement of the objectives referred to in Art. 145 in a way consistent with the broad guidelines of the economic policies of the Member States and of the Union” (art. 146 TFUE). MS “shall regard promoting employment as a matter of common concern and shall coordinate their action” (art. 146 TFEU). UE role: encouraging cooperation between Member States, supporting and complementing their action (art. 147 TFEU). «The objective of a high level of employment shall be taken into consideration in the formu­lation and implementation of Union policies and activities” (art. 147 TFEU)

  3. EuropeanEmploymentStrategy EmploymentCommittee: created by the Council; each MS and the Commissionappoint 2 members. Task: monitoring the employment situation and employment policies in the Member States and the Union; formulating opinions at the request of the Council or the Commission or on its own initiative; contributing to the preparation of the Council proceedings referred to in Article 148 (art. 150 TFEU)

  4. EES Methodology (art. 148 TFEU) Annual Report by the Council and the Commission (Join employment report) Analysis of the employment situation in the Union and conclusion of the EuropeanCouncil Guidelineswhich the MS shall take into account in theiremploymentpolicies, adopted by the Council, on a proposal from the Commission, afterconsulting the EuropeanParliament, the Economic and Social Committee, the Committee of the Regions and the EmploymentCommittee

  5. EES Methodology (art. 148 TFEU) Examination of the NRP by the Council. The Council, on a recommendation from the Commission, maymakerecommendations to MSs (country-specificrecommendations) Annual report on the principalmeasurestaken to implementitsemployment policy in the light of the Guidelines, provided by the MSs (nationalreformprogramme- NRP) • the Council and the Commission make a joint annual report to the European Council on the employment situation in the Union and on the implementation of the guidelines for employment

  6. Coordination of Employmentpolicies (art. 150 TFEU) The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, may adopt incentive measures designed to encourage cooperation between Member States and to support their action in the field of employment through initiatives aimed at developing exchanges of information and best practices, providing comparative analysis and advice as well as promoting innovative approaches and evaluating experiences, in particular by recourse to pilot projects. Those measures shall not include harmonisation of the laws and regulations of the Member States.

  7. EES Phases • 1997-2000: 4 pillars- adaptability, entrepreneurship, equal opportunities and employability. • 2001-2002: 4 pillars + orizontalobjectives • 2003-2004: 3 mainobjectives (full employment, improving quality and productivity at work, and strengthening social cohesion and inclusion) + specificguidelines • 2005-2008: 24 integratedguidelines on macro and micro-economic and employmentpolicies, revisedeverythreeyears • 2010: Europe 2020 strategy

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