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30 results

Page 1 of 2

  • How Social Will Social Europe Be in the 2020s?

  • Silvana Sciarra
  • Journal:
    German Law Journal / Volume 21 / Issue 1 / January 2020
    Published online by Cambridge University Press:
    14 January 2020, pp. 85-89
    • Article
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Solidarity and Conflict
  • European Social Law in Crisis
  • Silvana Sciarra
  • Published online:
    16 March 2018
    Print publication:
    29 March 2018
  • The ongoing austerity crisis is being felt in all sectors of EU law, but has had a particularly severe impact on labour law. Silvana Sciarra, a leading judge and scholar of EU employment law, considers how solidarity regimes have been shaken by the crisis. She brings together existing European policies in social and employment law, to enhance synergies and developments in a post-crisis discourse. She looks at reactions of national constitutional courts to austerity measures and of international organizations in re-establishing respect of fundamental workers' rights. Criticizing soft law approaches in employment policies, she favours recourse to binding measures connected with selective financial incentives through European funds. She highlights developments in European sector social dialogue and new horizons of transnational collective bargaining in large multinationals. Taking a positive, practical approach, Sciarra shows how social policies can enhance solidarity and social cohesion, through European financial support.

  • Trusting Judges to Deliver Changes: Italy, the EU and Labour Law

  • Silvana Sciarra
  • Journal:
    Cambridge Yearbook of European Legal Studies / Volume 9 / 2007
    Published online by Cambridge University Press:
    27 October 2017, pp. 441-464

  • The title of this paper embraces three concepts which will be used as paths to reach a destination. The destination is Italy, taken as an example of an active promoter of European integration, even when facing difficulties in complying with its obligations under the EC Treaty.

    The first path leads towards judicial intervention, seen as a major tool for making changes within a national legal system. Some examples (section III) concern the scrutiny that the ECJ operates, when prompted by the Commission, acting under Article 88(2) EC. Other examples (sections IV and V) are related to the open dialogue national judges engage in with the ECJ, when they start preliminary references under Article 234 EC.

Employment Policy and the Regulation of Part-time Work in the European Union
  • A Comparative Analysis
  • Edited by Silvana Sciarra, Paul Davies, Mark Freedland
  • Published online:
    30 July 2009
    Print publication:
    01 July 2004
  • This book originates from the research project 'New discourses in labour law' held at the European University Institute. A detailed analysis of part-time work regulation is presented for seven European countries, in order to ascertain how internal domestic choices of the legislatures have merged into the 'Open method of co-ordination'. The impact of European employment policies is considered in parallel with the implementation of the Directive on part-time work, thus providing a complete overview of both soft and hard law mechanisms available to national policy-makers. In this 2004 work, the interaction between law and policy emerges as a dynamic and constantly changing process of exchange between national and supranational actors, through the use of concrete examples of lawmaking. Labour law is put forward as being central in the current evolution of European law, and this centrality is presented as a confirmation of innovation and continuity in regulatory techniques.

  • Foreword by Professor Silvana Sciarra

  • Stefano Giubboni, Università degli Studi di Firenze, Italy
  • Book:
    Social Rights and Market Freedom in the European Constitution
    Published online:
    28 July 2009
    Print publication:
    12 January 2006, pp xiii-xiv

  • Summary

    A foreword written by an older academic who followed and supervised a younger colleague's work conceals a very subtle dilemma. Praising too much or too little may reveal differing degrees of involvement in someone else's work and even a concern not to interfere with a distinct and separate intellectual enhancement. And yet, sharing the doubts, the aspirations and the fears of the lengthy enterprise leading to the publication of a book means, in a sense, becoming part of that journey, while at the same time maintaining a sufficiently detached critical eye.

    When the final result – as in the present case – follows a rigorous, well-balanced and deeply investigated line of research, self-restraint must give way to enthusiasm and joy. A wide community of readers now becomes the addressee of what the author delivers. The circulation of ideas thus starts to follow an unpredictable route, since this book challenges the curiosities of scholars in both labour law and European law.

    Stefano Giubboni is a member of a very special generation of European labour lawyers, whose interests spread well beyond the boundaries of domestic law. The stimulating environment of the European University Institute contributed, in expanding the research questions and adding new dimensions to both national and European legal research.

    However, Stefano Giubboni's writing is characterized by an inborn personal instinct to seek out the historical and social reasons behind the law.

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