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EU Civil Service Law: A Practitioner’s Guide

EU Civil Service Law: A Practitioner’s Guide

Author: Oliver Mader
Publisher: Hart Publishing
ISBN: 9781509977925
Published In: July 2024
Format: Hardback
Jurisdiction: European Union ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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This practical commentary interprets EU Staff Regulations on the basis of a rich set of judgments handed down by the EU courts over more than 70 years, complemented by insightful case studies on recent landmark decisions.

In addition to presenting key aspects of employment law applicable to officials and other agents of the EU institutions, the book considers future legal developments. Several important areas of Union law meet in the practice of civil service matters: fundamental rights; general Union law principles; social and labour law; family and tax law; and procedural, administrative, institutional or constitutional law. Mader explores this intersection across chapters covering civil service law context, its legal framework and principles; procedural aspects; and collective EU civil service law.

The result is an invaluable English-language commentary by one of the field's leading figures, written for colleagues working across EU law, public international law, civil service or public sector law.

1. EU Civil Service Law as Legal Subject-Matter
I. Purpose and Scope
II. Normative Framework
III. General Principles of EU Civil Service Law

2. Review System: Admissibility of Applications and Procedural Matters in EU Civil Service Law
I. Jurisdiction for Staff Matters
II. Remedies
III. Right to Bring an Action
IV. Defendant
V. Subject Matter and Reviewable Act
VI. The Procedure in Staff Matters
VII. Scope of the Assessment on the Merits and Extent of Review
VIII. Decisions of the Court and Enforceability
IX. Remedy: Appeal
X. Complaint to the Ombudsman

3. On the Substance: Material EU Civil Service Law
I. The Framework of Administrative Decision Making
II. The Legal Status of Staff Employed
III. Remuneration
IV. Insurances and Pensions
V. Invalidity, Occupational Disease, Accident and Incapacity to Work

4. Collective EU Civil Service Law
I. Staff Committee
II. Freedom of Association – Triangle of Representation, Staff and Institutions
III. Social Dialogue
IV. Right to Strike