The traditional concept of employment, which involved fixed, permanent contracts, with full time hours and security in work has gradually been replaced by a ‘neoliberal’ model of employment that... Show moreThe traditional concept of employment, which involved fixed, permanent contracts, with full time hours and security in work has gradually been replaced by a ‘neoliberal’ model of employment that prioritises the development of competitive labour markets through increased flexibility in work. This shift has resulted in increasing levels of ‘precarious’ work: forms on non-standard employment that places the individual in a situation where they have little security in work or power over their working situation. Examples of precarious employment include platform work, zero-hour and on-demand contracts, the repeated use of temporary/short-term contracts, and bogus/false self-employment.The European Precariat asks what level of protection is available to EU migrant workers engaged in precarious employment, who must navigate complex national migration and social security rules linked to their employment status. The thesis assesses how economic and political changes affect the constitutional and political limitations of European integration; how the legal framework applicable to precarious workers risks creating gaps in the law and excluding them from certain protections; and finally suggests how EU migrant workers engaged in precarious work can be better protected under EU law while adhering to the economic, political, and constitutional limitations of the legal system. Show less
In the multi-level legal order, it is not unusual for a legal relationship between private parties to be governed by multiple Union rules on, for instance, non-discrimination, free movement,... Show moreIn the multi-level legal order, it is not unusual for a legal relationship between private parties to be governed by multiple Union rules on, for instance, non-discrimination, free movement, competition and the internal market more broadly. Nor is it uncommon that, on the face of it, national private law creates rights and duties as well. In such situations of concurrence, the question that arises is whether the interested party may elect the rule of his choice. Is he entitled to choose the rule which appears to him to be the most advantageous?This book offers a scheme of analysis by which this question can be debated and solved. Inspired by the experiences gained from examining several national systems of private law, the book starts from the premise that each rule, however founded, should be realised to the greatest possible extent. In principle, the existence of one rule does not, therefore, affect the scope of application of another rule. The book demonstrates that this principle also runs through the texts adopted by the Union legislature and through the judgments delivered by the Court of Justice of the European Union. It makes a clear case that in situations of concurrence, the substance of the rules should be decisive, and not merely their formal relationship Show less