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Cambridge Centre for European Legal Studies (CELS) Podcast

'The Court of Justice as a Labour Court' - Professor Anne Davies: CELS Seminar

Cambridge Centre for European Legal Studies (CELS) Podcast

Faculty of Law, University of Cambridge

Business, Society & Culture, Education

0.00 Ratings

🗓️ 24 November 2011

⏱️ ? minutes

🧾️ Download transcript

Summary

Professor Anne Davies of the University of Oxford gave a lunchtime seminar entitled "The Court of Justice as a Labour Court" on Wednesday 23rd November 2011 at the Faculty of Law as a guest of CELS (the Centre for European Legal Studies). For more information see the CELS website at http://www.cels.law.cam.ac.uk/

Transcript

Click on a timestamp to play from that location

0:00.0

Good afternoon, ladies and gentlemen. It's very nice to welcome you all here. I have great pleasure in introducing to you Professor and Davis, who is margues. She marks in many ways. She is a form of many terms because she writes on labour law, European law and public law.

0:22.6

And her strength lies in the beautiful character with which she writes and the fact that she is able to bring ideas from the different disciplines and pull them together.

0:32.6

So it's a great privilege for us to have her here.

0:35.6

And without further I do, I'll give the floor to Anne. Thank you. Thank you very much, all of you for coming. I know it's getting towards the end of term and everyone is exhausted. Thank you for that kind introduction to which I fear I may not live up. But anyway, here we go. So what I want to do today is talk about the Court of Justice,

0:57.4

and I want to talk about its decisions in labour law cases.

1:02.5

From the perspective of the literature on labour courts.

1:09.1

So let me give you a little bit of background to start with and then I'll

1:13.2

explain why I think this is a useful framework for analysis. I should say that because I've got

1:18.8

roughly half an hour to talk in, this may end up sounding like a rather more blunt and

1:25.5

aggressive paper than it actually is in its full written version, because just

1:30.7

in order to get through in the time, I probably won't be able to get quite all the caveats

1:34.7

and qualifications in that exist in the main paper. So please do bear that in mind.

1:40.9

So many countries choose to resolve labour disputes by entrusting them to specialist labour courts.

1:48.9

Of course, for those of you who know the UK, we have a system of employment tribunals

1:53.8

which deal with individual employment disputes between a worker and his or her employer.

2:00.3

Other countries use them for collective labour disputes,

2:04.1

so to resolve disagreements about the interpretation of a collective agreement,

2:07.8

for example, the Norwegian Labour Court is a good example of that.

2:12.2

And there are some countries in which labour courts decide both types of dispute.

2:17.8

So why is it that people think that there's a need to entrust labour law cases to specialist courts?

2:24.8

Well, there's an interesting paper by McCarthy in which he identifies four justifications for this.

2:31.9

Firstly, the informality of proceedings or the possibility of having informal proceedings. This is

...

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