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• The right to take collective action in EU law based on the European Pillar of Social Rights and the recent case law of the CJEU

  9-24

  Márton Leó Zaccaria

  Views:

  237

  This paper is built around the workers’ fundamental right to take collective action and collective bargaining. Although, this right is firmly embedded in the majority of labour law systems in the social policy (meaning labour law, too) of the European Union, it is worth analysing it separately with an independent meaning. We can approach this right from the fundamental rights, the fundamental treaties or from certain directives, so we can find several questions that are difficult to answer properly. These problems are mostly catalysed by the necessary collision between the need for socially motivated legal protection and the fundamental economic freedoms. In my research, I analyse this right – along with some other connected ones – with the help of the recent case law of the Court of Justice of the European Union and the European Pillar of Social Rights because the latter highlights the holistic approach in the current reforms of EU social policy.

• Collective Redress in Certain States of Europe

  84-106

  Tamás Jagusztin

  Views:

  184

  Collective redress mechanisms can be seen in almost all of European countries (except Switzerland and Czech Republic for example). The established regulatory solutions are diverse, basically two lines are typical, and mixed systems based on these are created. One is a representative collective claim enforceable to protect the collective interests of the community (public interest). In general, such claims can only be enforced by government bodies designated by a legislator or by associations whose purpose is the protection of those interests. Another type of collective demand assists the homogeneous demands of a group of individuals by taking advantage of the merged action. In these cases, a person is usually validated by the requirements of the group members, who is himself interested in the proceedings because of his own material right.

• The Right Answer to the Diesel Scandal? The latest Reform of German Collective Redress through the Eyes of Outsiders

  9-38

  Viktória Harsági

  Views:

  322

  The aim of the article is the understanding of the development, experiences and barriers of the the German collective redress mechanisms – from the point of view of a foreign researcher. When establishing a possibility for collective redress the course of the whole procedure and almost all segments are concerned. The case known as Volkswagen-dieselgate made the issue particularly crucial. Through this case, the author  examines the new  procedure introduced in November 2018. She also gives a brief overview of the class action in the US, concluded by a settlement between the Volkswagen Group and consumers. She  tries to answer the question of whether the new law can be expected to provide an effective solution to the procedural issues that have arisen in this case. The analysis is also based on a review of previous sectoral regulation, which was  the main basis of the development of the new regulation introduced in 2018.

• Social Dumping in the Face of Cross-border Collective Agreements and Actions: A Dilemma of the European Legal Practice on the Edge of Law and Economy in the Light of the Framework of International Standards

  180-202

  Attila Gábor Kószás

  Views:

  171

  In this paper I outline the objectives of the ILO, the conventions relevant to collective bargaining and action, and furthermore the pronouncements of the ILO supervisory bodies. After describing social dumping I examine the jurisprudence of the European Union regarding the collision of fundamental freedoms and collective labour rights in the light of international labour standards. My observation is that the hierarchical relationship between fundamental freedoms and labour rights in favour of the former cannot be maintained even based on EU law.