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Droits Individuels Des Travailleurs Et Licenciement Collectif, Philippe Reyniers
Droits Individuels Des Travailleurs Et Licenciement Collectif, Philippe Reyniers
Philippe Reyniers
The casenote criticises the "essentialist" approach of the European Court of justice in the definition of a collective right to consultation in the phase of restructuring. It defends a "functionalist" approach, where collective labour rights are individual rights exercised collectively.
The Interpretation Of European Union Law And The Dislocation Of The Patterns Of European Social Legitimacy, Philippe Reyniers
The Interpretation Of European Union Law And The Dislocation Of The Patterns Of European Social Legitimacy, Philippe Reyniers
Philippe Reyniers
The present paper first defends that the interpretation of European Union law is not an operation that concerns the relationship between a legal norm and a judge, but also the inter- institutional relationship of the judicial and other political legitimacies. It then goes on to analyse the development of new modes of governance as a form of de-judicialisation and an “exit” from regulation by law. It finishes by analysing the Laval case as an example of deference the Court of justice and the European legislator, conceived in an outdated institutional setting. It concludes that the recuperation of legitimacy (“voice”) developed …