*** KEES WAALDIJK, MATTEO BONINI-BARALDI: Sexual Orientation Discrimination in the European Union. National Laws and the Employment Equality Directive. T.M.C. Asser Press (Cambridge University Press, The Edinburgh Building, Shaftesbury Road, Cambridge CB2 2RU, UK. Tel: (44-1223) 312393 - Fax: 315052 - Internet: http://www.cambridge.org ). 2006, 256 pp, £45. ISBN 978-90-6704-213-0.
This book utilises the work of the "European Group of Experts on Combating Sexual Orientation Discrimination" which received financial backing from the European Commission under the Community action plan to combat discrimination, coordinated by the authors, Matteo Bonini-Baraldi of Bologna University in Italy and Kees Waaldijk of Leiden University in the Netherlands. The book's specific aim is to study the European legal battery of legislation to counter discrimination based on sexual orientation, particularly Directive 2007/78/EC establishing a general framework for equal treatment in terms of work and employment.
The authors start by setting the directive (included in the annex) in context by describing the general framework for anti-discrimination legislation at EU level, the main elements of jurisprudence in the treaty establishing the Community (which contains articles covering discrimination, particularly discrimination at work). As Bonini-Baraldi and Waaldijk explain at the start of the book: "In the process of creating a common market, the Community could not avoid providing some degree of regulation of the production system and of industrial relations". They go on to assess the directive itself, explaining the concept of sexual orientation, for example (which is not actually defined in the Directive) and noting the different forms of discrimination concerned (the workers' homosexuality or belonging to a gay and lesbian organisation, for example), also describing the Directive's capacity to compensate or impose penalties, along with other related aspects, like the burden of proof. To illustrate the latter point, paragraph 31 of the Directive stipulates that it is not for the defence to prove that the plaintiff has any particular sexual orientation, which leads the authors to comment that: "According to its wording, the recital seems to create an extra burden, placed on the victim of differential treatment, to prove his or her sexual orientation. This would clash with the respect for privacy rights, as it would force a person to publicly disclose most intimate aspects of his or her particular sexual orientation."
In a way, the study of the directive is only the starting point for the book whose main aim, like the main aim of the expert group report from which it arose, is to compare and contrast the Directive with national laws to see whether member states have established a legal framework to provide protection from discrimination on the grounds of sexual orientation in the workplace. To this end, the third chapter makes a comparative study of the 27 EU member states in order to not only discern the general evolution of anti-discrimination legislation at EU level, but also to understand changes in the way homosexuals are accepted in society. This is facilitated by illustrative tables on the percentage of people not wanting homosexuals as neighbours, for example, and the dates when homosexuality was de-criminalised, etc. The next two chapters make a more detailed analysis of legislation in the fifteen old and the twelve new member states respectively. Before concluding on nine main points, the authors look at the transposition of the Directive by the twenty-seven member states given that, as a Court of Justice ruling makes clear, "the provisions of the Directive must be implemented with the specificity, precision and clarity necessary to satisfy the requirements of legal certainty". Alongside the quality of how the directive is implemented, the time it takes to implement the directive is also important, and although the Commission is issuing accelerated legal proceedings against Germany and Luxembourg for taking too long to transpose the Directive, the authors point out: "This does not mean that the Commission approves of the quality of the implementation in the other Member States". Kees Waaldijk and Matteo Bonini-Baraldi recommend their own book to the Commission for use in its assessment of how the Directive is being transposed! Will the Commission take heed? Whether it does or not, it is clear that this book will be a highly appreciated tool for people interested in the detail of legal protection against discrimination due to sexual orientation in the European Union.
Frederik Ronse
*** ANNE DUFRESNE, CHRISTOPHE DEGRYSE, PHILIPPE POCHET (Eds.): The European Sectoral Social Dialogue. Actors, Developments and Challenges. Presses Interuniversitaires Européennes - Peter Lang (1 av. Maurice, B-1050 Brussels. E-mail: info@peterlang.com - Internet: http://www.peterlang.com ). "Work & Society" series, No. 55. 2006, 342 pp, €33-90. ISBN 978-90-5201-052-6.
Although some people believe that social dialogue and the social measures underlying it restrict growth, other people see social dialogue as a crucial element both in terms of a healthy economy and to safeguard the model (or models) of European society. In this connection, sectoral dialogue is a tool of primary importance despite that fact that to date, it has attracted less attention from researchers than other forms of social dialogue. Philippe Pochet comments: 'This lack of interest is all the more surprising in that most negotiations in the vast majority of Member States (EU15) actually take place at the sectoral level'. Making use of a database of all the documents produced by social dialogue at sectoral level in Europe since the period of the Single Act, along with sixty or so formal and informal interviews with stakeholders in this dialogue, the book starts by giving an overview of sectoral social dialogue and the thirty-one different sectors listed at European level. The first part of the book obviously pays particular attention to the role of the Community institutions, describing changes in this area and conditions which have influenced its development. Some sectors, particularly telecoms, soon jumped on board and have been very active in the domain, whereas other sectors, like broadcasting and the audiovisual industry, have been far less enthusiastic as is shown in some of the tables published in the book. The second part provides case studies in contrasting sectors in terms of social dialogue, some of which have proceeded a long way down this path, like rail freight, some have remained closed off to sectoral dialogue (like the chemicals industry) and some are in decline and under pressure, like the textile and sugar industries. The book ends by describing the challenges facing this type of social dialogue, among the greatest of which is enlargement because the situation and traditions differ considerably among old and new member states.
(FRo)
*** BRIGITTE FAVAREL-DAPAS, ODILE QUINTIN: L'Europe sociale. La Documentation française (29-31 quai Voltaire, F-75344 Paris cedex 07. Tel: (33-1) 40157128 - Fax: 40156991 - Internet: http://www.ladocumentationfrancaise.fr ). "Réflexe Europe" series. 2007, 174 pp. ISBN-978-211-006239-8.
This book, now in its second edition, describes Social Europe in the broad sense, not restricted to labour issues and social security but also addressing other questions concerning living conditions for European citizens like education, for example, or anti-discrimination. Odile Quintin, erstwhile 'boss' of DG Employment at the European Commission, and Brigitte Favarel-Dapas of the European Affairs Secretariat General in France, start by describing the backdrop against which European social policy has developed, describing its foundations, main stages, stakeholders, and consultation and negotiation mechanisms, etc. In the second part of the book, the authors address the achievements of Social Europe through the various tools available to the European Union, namely legislation, finance, social dialogue, convergence, cooperation and exchanges. This clear and well-structured description provides useful illustration that the subject cannot be restricted to legislation and regulations, but rather that Social Europe is multi-faceted and has a range of different intervention modalities at its disposal. The authors also show how social policy is conceived nowadays as no longer being a burden on public spending or an obstacle to company competitiveness, but rather is asserting itself as an intrinsic part of change and reform in order to reconcile companies' need for flexibility and workers' aspirations for greater security.
(JPe)
*** BERNARD JEANDET, JEAN-FRANCOIS CAVIN, ROLF BLOCH, OLIVIER BEAUMONT, JEAN-CLAUDE HEFTI, JEAN-PHILIPPE CHENAUX (Eds.): La paix du travail est-elle menacée? Centre Patronal (case postale 1215, CH-1001 Lausanne. Tel: (41-21) 7963300 - Fax: 7963382 - E-mail: info@centrepatronal.ch). "Etudes & Enquêtes" series, No. 36. 2007, 78 pp, CHF12. ISBN 2-940089-18-3.
Switzerland registers around one working day lost per one thousand workers each year, compared with the European average of more than forty days a year. This book looks at the reasons why and whether the special situation in Switzerland will continue in the future.
(PBo)
*** JAN LUCASSEN (Ed.): Global Labour History. A State of the Art. Peter Lang (32 Hochfeldstrasse, Postfach 746, CH-3000 Berne 9. Tel: (41-32) 3761717 - Fax: 3761727 - E-mail: info@peterlang.com - Internet: http://www.peterlang.com ). "International and Comparative Social History" series, No. 9. 2006, 790 pp, €87-70. ISBN 978-3-03910-781-0.
This book has its roots in a conference organised in 2000 by the International Institute of Social History in Amsterdam to mark its 65th anniversary. This might seem a long time ago but the essays remain relevant by their very nature and some have been updated since the conference. Moreover, the volume also includes essays which were not presented at the conference but which were felt to be useful to expand the horizons of the subjects under discussion (concerning China, for example). Like the conference, the book is divided into two sections, one being a historiography of labour in general and workers' and trade union movements, and the other case studies. The book covers a time period starting essentially in the second half of the nineteenth century, focussing on the last few decades. By studying the way labour history became an academic discipline, the first part of the book opens a window on periods during which labour history took form and also earlier periods of time through the perception of nineteenth century historians. The second part of the book provides case studies of comparative labour history on, for example, the question of the connection between farm labour and ownership, the influence of globalisation on railway workers, and comparing the situation of brick makers in Europe with brick makers in India a century later.
Global labour history is obviously a huge subject and the term itself can be open to varying interpretations, as Marcel van der Linden of Amsterdam University explains: "Two approaches are possible in principle: a universal history of work… and a history of globalised work” depending on the commentator. The authors avoided getting caught out by disputes between different schools and, without trying to reach the utopia of covering everything, they provide a well-researched and often captivating study of labour relations and how labour relations are viewed over time and according to location. It should be noted that they have also managed to avoid what has too often in the past been an overly Western-centred approach while still providing proper coverage of Europe.
(FRo)
*** Business & Disability. European case studies. Business & Disability (E-mail: info@businessdisability.org - Internet: http://www.businessdisability.org. 2007, 166 pp.
This brightly designed book opens with a warm preface by Commissioner Spidla and benefits from the patronage of the European Disabled Persons Forum with the aim of raising awareness of disability issues among employment stakeholders. Some fifty million people in the European Union are disabled, less of half of whom have access to employment. The European network Business & Disability was formed from a voluntary partnership struck during the European Disability Year in 2003 to raise awareness among political decision-makers and other players of disability issues. Three topics are discussed in the book namely access to buildings, e-accessibility and access to the jobs market. After explaining the three concepts, the book lists legislation and regulations introduced in EU member states, a list of companies involved and a glossary of terms. The second part of the book is a compendium of case studies carried out in 2005 and 2006 on good practice by companies to integrate disabled people at all levels of society.
(NDu)
*** VALERIE SEBAG: Droit et bioéthique. Editions Larcier (39 rue des Minimes, B-1000 Bruxelles. Tel: (32-10) 482500 - Fax: 482519 - E-mail: commande@deboeckservices.com - Internet: http://www.editions.larcier.com ). "Droit des technologies" series. 2007, 190 pp, €27. ISBN 978-2-8044-2468-8.
Senior lecturer at the law faculty of Paris XIII University, Valérie Sebag provides a valuable introduction to bioethics and biomedicine in this book. She starts by describing the advent of biomedicine as a discipline, defining the rules of law which have been adopted to cover the new discipline, which leads her to highlight the importance of fundamental rights in this sensitive area and to review the prevailing stancards and institutions. The second part of the book is more technical. The author looks in detail at the rules governing big areas of biomedicine, from human generics to the question of the end of life, via medical assistance for fertilisation and the donation and use of parts and products of the human body.
(MT)