The European Union Working Time Directive: Securing minimum standards, with gendered consequences

2013 ◽  
Vol 39 ◽  
pp. 30-41 ◽  
Author(s):  
Ania Zbyszewska
Keyword(s):  
European Union ◽  
Working Time ◽  
The European Union ◽  
Minimum Standards ◽  
Working Time Directive

The Limitations of the Harmonisation of Criminal Law in the European Union Protected by Articles 82(3) and 83(3) tfeu

2018 ◽  
Vol 26 (4) ◽  
pp. 315-334
Author(s):  
Kaie Rosin ◽  
Markus Kärner
Keyword(s):  
European Union ◽  
Criminal Justice ◽  
Criminal Law ◽  
Justice System ◽  
The European Union ◽  
Judicial Cooperation ◽  
Minimum Standards ◽  
Legislative Procedure ◽  
Definition Of ◽  
Criminal Matters

Articles 82(3) and 83(3) tfeu give Member States the possibility to suspend the legislative procedure of eu criminal law. Article 82(3) allows that kind of emergency brake mechanism for the process of adopting minimum standards for harmonising rules of criminal procedure enhancing judicial cooperation in criminal matters and Article 83(3) for establishing minimum rules concerning the definition of criminal offences and sanctions. A Member State can only use the emergency brake clause when the proposal for the directive would affect the fundamental aspects of its criminal justice system. This prerequisite deserves a closer analysis, therefore the aim of this article is to interpret the meaning of tfeu articles 82(3) and 83(3) to better understand the limitations of the harmonisation of criminal law in the European Union.

Between Persecution and Protection: Refugees and the New European Asylum Policy

2000 ◽  
Vol 3 ◽  
pp. 169-197 ◽  
Author(s):  
Elspeth Guild
Keyword(s):  
European Union ◽  
Asylum Seekers ◽  
The European Union ◽  
Refugee Status ◽  
Asylum Policy ◽  
Minimum Standards ◽  
Amsterdam Treaty ◽  
European Court ◽  
Common Policies ◽  
The Right

The admission, reception and treatment of asylum seekers in the European Union has been an issue of continuing political and legal concern throughout the 1990’s. The rising numbers of persons seeking protection at the beginning of the period coupled with a rapidly developing regional jurisprudence on the right to protection from the European Court of Human Rights in particular, changed the nature of the debate. The Member States began to search for common policies and practices as regards asylum through intergovernmental measures. With the Amsterdam Treaty, the most important aspects of asylum have been transferred to the EC Treaty: criteria and mechanisms for determining which Member State is responsible for considering an application for asylum; minimum standards on reception of asylum seekers; minimum standards with respect to the qualification of nationals of third countries as refugees; minimum standards on procedures for granting and withdrawing refugee status amongst others.

The Matzak judgment of the CJEU: The concept of worker and the blurring frontiers of work and rest time

2019 ◽  
Vol 10 (4) ◽  
pp. 343-352
Author(s):  
Manuel Antonio García-Muñoz Alhambra ◽  
Christina Hiessl
Keyword(s):  
European Union ◽  
Health And Safety ◽  
Working Time ◽  
Eu Law ◽  
The European Union ◽  
Special Issue ◽  
Rest Time ◽  
Working Time Regulation

The CJEU’S Matzak judgment raises diverse and important questions concerning (not only) working time regulation in the European Union. The present special issue sheds light on some of these questions, more specifically with regard to the Working Time Directive‘s personal scope as well as the notions of working time and rest time under EU law. The Directive’s scope is linked to the concept of worker and the criteria to construct it and, in the context of the Matzak case, leads to interesting questions about the position of volunteers in EU law and the problem of concurrent contracts. In this respect, exploring a purposive approach attending to the health and safety aims of the Directive may be fruitful. The boundaries between working time and rest time are far from clear, especially in situations of stand-by and on call time. Here the proposal of an intermediate category related to the idea of quality of rest time is discussed.

scholarly journals Business Freedoms and Employment Rights in the European Union

2015 ◽  
Vol 17 ◽  
pp. 189-209 ◽  
Author(s):  
Jeremias PRASSL
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Working Time ◽  
The European Union ◽  
Future Challenges ◽  
Charter Of Fundamental Rights ◽  
Employment Rights

AbstractIn this article, I explore the substance and operation of Article 16 of the European Union’s Charter of Fundamental Rights, which recognises ‘the freedom to conduct a business’, in order to determine the extent to which the constitutionalisation of commercial interests as fundamental rights could pose a threat to the Union’s worker-protective acquis. Having surveyed three important Directives which regulate employees’ rights in transfers of undertakings, collective redundancies, and the organisation of working time, I argue that future challenges based on Article 16 CFR are unlikely to succeed: even in situations where the Directives limit employers’ economic freedoms, such interference is justified and proportionate.

scholarly journals Types of employment contracts and elasticity of employment in the European Union new member states in 2000–2014

2017 ◽  
Vol 2 (328) ◽  
Author(s):  
Eugeniusz Kwiatkowski ◽  
Przemysław Włodarczyk
Keyword(s):  
European Union ◽  
Working Time ◽  
The European Union ◽  
Real Wages ◽  
Total Employment ◽  
Member States ◽  
Employment Contracts ◽  
New Member States ◽  
Panel Model

The article is focused on the problem of elasticity of employment in the economies of the European Union new member states in 2000–2014. Special attention is given to the role of types of employment contracts and their influence on the elasticity of employment. Theoretical arguments and empirical observations enable us to formulate hypothesis about a U‑shaped relationship between the share of fixed‑term employment in total employment and elasticity of employment in a given economy. We should also expect increases of price and working time elasticity in response to increases in the share of fixed‑term employment. Results of panel model estimations performed using the data for 13 new European Union member states in 2000–2014 confirm the hypothesis about an impact of share of fixed‑term employment in total employment on the elasticity of employment. In particular, an increase in the number of fixed‑term contracts results in the fall of elasticity of employment with respect to GDP and increase in the elasticity of employment with respect to real wages and working time. There is however no confirmation of the hypothesis concerning a U‑shaped relationship between elasticity of employment with respect to GDP and the share of fixed‑term emplyment.

scholarly journals Cumulative Character of Working Time Features. Consequences on Delimiting Working Time From Rest Time

2020 ◽  
Author(s):  
Răzvan Anghel
Keyword(s):  
European Union ◽  
Case Law ◽  
Time Frame ◽  
Working Time ◽  
The European Union ◽  
Court Of Justice ◽  
Rest Time ◽  
Characteristic Features

The article presents an analysis of the provisions of Directives 93/104/EC and 2003/88 and of the case law of the Court of Justice of the European Union, which supports the conclusion that the characteristic features of working time must be cumulatively met so that a time frame falls within this category. Next, the importance and consequences of this requirement are outlined regarding the process of delimiting working time from rest time.

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