The futures of European labour law: (3) the agenda of the Member States and of the European Parliament – the Lisbon Treaty and after

2010 ◽  
pp. 715-737
Author(s):  
Brian Bercusson
Keyword(s):  
European Parliament ◽  
Lisbon Treaty ◽  
Labour Law ◽  
Member States ◽  
European Labour Law

scholarly journals The Lisbon Treaty and Changes in the Legal Rules on the Common Commercial Policy

2017 ◽  
Vol 6 (1) ◽  
pp. 10-17
Author(s):  
Martin Janků
Keyword(s):  
Decision Making ◽  
Security Policy ◽  
European Parliament ◽  
Development Aid ◽  
Lisbon Treaty ◽  
Commercial Policy ◽  
Member States ◽  
Eu Member States ◽  
The Common ◽  
The Eu

Abstract The EU Lisbon Treaty 2007 (LT) brings some changes for the common commercial policy (CCP) and the decision-making processes related to it. CCP is newly included in the one area with all the external activities of the EU, with foreign and security policy, international environmental policy, development aid and economic, financial and technical cooperation with third countries. The fundamental areas of the CCP have been expanded to include foreign direct investment, services and trade-related aspects of intellectual property rights. The EU’s exclusive competence for external negotiation of agreements in areas of exclusive competence and internal CCP regarding their implementation were confirmed. The changes affect the role of the European Parliament and also the functioning of the European Council, the Council, and competences of the High Representative for Foreign Affairs and Security Policy and the European External Action Service. Together with these changes, there will be also changes in procedures within the European Union. A number of aspects of the decision-making process are not yet entirely clarified, and only the practice of the participation of the EU Member States and the European Parliament in the formation of the common commercial policy will bring more meaningful conclusions. The changes brought by the LT will affect not only the extent of the influence of EU Member States on the common commercial policy, but they can also affect the position of the EU in the context of international trade, particularly in the area of negotiating commitments and rules of multilateral and bilateral trade and investment agreements.

Institutional Contestation of Delegation in the EU Over Time

2017 ◽  
Author(s):  
Gijs Jan Brandsma ◽  
Jens Blom-Hansen
Keyword(s):  
Empirical Analysis ◽  
European Parliament ◽  
Lisbon Treaty ◽  
Member States ◽  
Privileged Position ◽  
Council Of Ministers ◽  
And Control ◽  
Control Regime ◽  
Over Time ◽  
The Eu

Chapter 3 begins the book’s empirical analysis. It focuses on the pre-Lisbon situation and investigates how delegation and control evolved from the early 1960s until the Lisbon Treaty came into force. The argument is that the Council of Ministers installed the comitology system as a way to delegate without losing control. Since this control regime provides the member states with privileged control positions, it was immediately contested by the European Parliament, which, due to its weak institutional position, found it difficult to change the situation. However, the gradual empowerment of the European Parliament over the last twenty-five years has made it increasingly difficult for the Council to keep the member states’ privileged position in the comitology system. It is therefore the gradual empowerment of the European Parliament that is the key to understanding the evolution of the pre-Lisbon control regime over time.

Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak
Keyword(s):  
Equal Treatment ◽  
The European Union ◽  
Integration Process ◽  
Labour Law ◽  
Member States ◽  
Political Criticism ◽  
Eu Policies ◽  
The Will ◽  
Free Movement Of Persons ◽  
The Eu

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

General Overview of Private Damages Claims

De Jure ◽  
2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Eleonora Mateina ◽  
Keyword(s):  
European Union ◽  
Competition Law ◽  
European Parliament ◽  
The European Union ◽  
Member States ◽  
General Overview

This article aims to provide a general overview of the regime of claims for private damages caused by breaches of competition law. The possibility for private damages claims existed even prior the adoption of the Directive 2014/104/EU of the European Parliament and of the Council of 26 November 2014 on certain rules governing actions for damages under national law for infringements of the competition law provisions of the Member States and of the European Union. Nevertheless, these claims were not popular among the business, even when the Commission for Protection of competition established breaches and imposed sanctions for breach of competition. With the transposition of the directive in the Bulgarian Competition Protection Act, an increased interest towards private damages claims is expected.

scholarly journals The EU after Brexit: Key Geopolitical and Geo-Economic Challenges

2020 ◽  
pp. 30-44 ◽  
Author(s):  
Petr YAKOVLEV
Keyword(s):  
European Union ◽  
European Commission ◽  
European Parliament ◽  
European Council ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Before And After ◽  
Union History ◽  
The Eu

The decision on Britain’s secession from the European Union, taken by the British Parliament and agreed by London and Brussels, divided the Union history into “before” and “after”. Not only will the remaining member states have to “digest” the political, commercial, economic and mental consequences of parting with one of the largest partners. They will also have to create a substantially new algorithm for the functioning of United Europe. On this path, the EU is confronted with many geopolitical and geo-economic challenges, which should be answered by the new leaders of the European Commission, European Council, and European Parliament.

scholarly journals COLLECTIVE LABOUR RIGHTS AS THE PRINCIPLES OF THE EUROPEAN UNION LABOUR LAW

2019 ◽  
pp. 43-46
Author(s):  
O. M. Rym
Keyword(s):  
European Union ◽  
Collective Bargaining ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Labour Rights ◽  
Social Partners ◽  
The Right

The article deals with certain aspects of collective labour rights in the European Union. Prerequisites and procedure of this rights guaranting as general principles of EU law are analyzed and their content is characterized. It is emphasized that such legal establishing took place somewhat haphazardly, both at the level of the acts of primary and secondary law of the European Union and in the case law. As a result, there is no single position on the spectrum of collective labour rights as principles of EU labor law. The author focuses on significant changes in the understanding of the necessity of cooperation of social partners and the extension of their interaction at the supranational level. It is under the responsibility of the European Commission to promote cooperation between Member States and to facilitate coordination of their activities in the field of the right of association and collective bargaining between employers and employees. The article clarifies the content of collective labour rights as general principles of EU law on the basis of EU legal acts, the case law of the Court of Justice of the European Union, as well as the scientific works of domestic and foreign scholars. It is noted that the system of collective labour rights, as general principles of EU labour law, consists of the right of collective bargaining and collective action, the right of employees to information and consultation within the enterprise, as well as the freedom of assembly and association. It is concluded that the necessity of cooperation between the social partners is recognized as one of the foundations of EU labour law. Herewith appropriate interaction is ensured through the normative-legal consolidation of collective labour rights and procedures for their implementation. After all, European Union legal acts allow employees and employers’ representatives to play an active role in regulating labour legal relations. For example, Member States may instruct employers and employees, upon their joint request, to implement Council directives or decisions. In addition, many directives contain warnings about the possibility of derogating from their provisions through the adoption of a collective agreement.

scholarly journals Zastoupení členských zemí v Evropském parlamentu po volbách 2019

2020 ◽  
Vol 12 (2) ◽  
pp. 1-18
Author(s):  
Jakub Charvát
Keyword(s):  
Political Representation ◽  
European Parliament ◽  
The European Union ◽  
Political Systems ◽  
Member States ◽  
Individual Level ◽  
Eu Member States ◽  
Spatial Aspect ◽  
Almost All ◽  
The Eu

Modern democratic political systems are hardly conceivable without political representation. This also applies to the European Union, a unique international organisation with a directly elected and fully-fledged assembly representing the EU citizens. Because geography is central to the operation of almost all electoral systems and the European Parliament is the first transnational assembly based on the Member States representation, the paper explores the spatial aspect of the composition of the European Parliament resulting from the 2019 election. The representation in the European Parliament may be degressively proportional, which implies malapportionment of seats across the EU Member States. The paper, thus, seeks to quantify the malapportionment in the 2019 election at both the aggregate level (by the adaption of Loosemore and Hanby´s distortion index) and individual level (advantage ratio and the value of a vote). It concludes malapportionment was just below 14,5% of the total seats in 2019 while the 2019 election did not bring the degressively proportional representation in the European Parliament as required by the Lisbon Treaty.

The Dynamic of European Labour Law after Maastricht

1994 ◽  
Vol 23 (1) ◽  
pp. 1-31 ◽  
Author(s):  
BRIAN BERCUSSON
Keyword(s):  
Labour Law ◽  
European Labour Law
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