Research Handbook on EU Tort Law
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Research Handbook on EU Tort Law

Edited by Paula Giliker

The Research Handbook on EU Tort Law focuses on the study of the law of tort/delict/non-contractual liability of the European Union and examines the institutional liability of the EU, Francovich liability, and liability arising from a variety of EU secondary legislation (directives/regulations). The impact of EU tort law on national legal systems is wide-ranging, covering areas such as consumer law, competition law, data protection law, employment law, insurance law and financial services law. It also discusses the potential development of a European culture of tort law and harmonisation. This comprehensive Research Handbook contains contributions from leading authors in their field, representing a cross-section of European jurisdictions. It offers an authoritative reference point for academics, students and practitioners studying or working in this field, but one which is also accessible for those approaching the subject for the first time.
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Chapter 8: Employment law

Jule Mulder

Abstract

This chapter explores how EU employment law encourages and/or imposes the development of new remedies for non-contractual liability at a national level. Such developments are not straightforward. Employment law predominantly focuses on the employment relationship, and legal duties and rights of the employees and employers are often implied in the employment contract. Moreover, European Union (EU) directives on employment law do not always safeguard the existence of specific remedies, if they address remedies at all. Nevertheless, the Court of Justice of the European Union (CJEU) interpretation of primary as well secondary EU law affecting employment and labour rights has forced national courts to re-evaluate the existing national remedies and national approaches towards non-contractual liability, (statutory) torts, and the law on delict. The chapter demonstrates this by analysing the effect of two distinct areas of EU employment law on the development of remedies of non-contractual liability, free movement rights and non-discrimination law, and the national responses in Sweden, Germany and the United Kingdom.

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