scholarly journals The Court of Justice of the European Union and fixed-term work: Putting a brake on labour market dualization?

2017 ◽  
Vol 27 (3) ◽  
pp. 295-310
Author(s):  
Caroline de la Porte ◽  
Patrick Emmenegger
Keyword(s):  
European Union ◽  
Labour Market ◽  
Case Law ◽  
Analytical Framework ◽  
Equal Treatment ◽  
The European Union ◽  
Labour Law ◽  
Contractual Arrangements ◽  
Eu Directive ◽  
Court Of Justice

While fixed-term work benefits employers and increases the prospects of employability of various categories of workers, it is inherently precarious. The European Union (EU) directive on fixed-term work emphasizes the importance of equal treatment of workers on fixed-term contracts with comparable permanent workers and aims to prevent abuse of this contract form. Surprisingly, the Court of Justice of the European Union (CJEU) rulings in this area have by and large been neglected in comparative labour market research. We fill this gap by systematically analysing the CJEU case law concerning fixed-term work and connecting it to the literatures on labour market dualization and Europeanization of labour law. We develop an analytical framework to analyse the Europeanization of labour law, which we then use to analyse the directive and the case law regarding the directive on fixed-term work. Our findings show that the equal treatment is affirmed in all cases under analysis for different provisions of labour contracts. With regard to abuse of recourse to fixed-term contracts, by contrast, the rulings still represent a zone of legal uncertainty, whereby some judgments allow for fixed-term contracts, such as for social policy purposes, while others prohibit their use. We therefore conclude that the CJEU does not put a brake on labour market dualization, but it does insist on equal treatment of workers, regardless of their contractual arrangements.

Court of Justice of the European Union (Seventh Chamber) Kerly Del Rosario Martinez Silva v Instituto nazionale della previdenza sociale (INPS) Comune di Genova

2018 ◽  
Vol 20 (3) ◽  
pp. 357-363
Author(s):  
Bjarney Friðriksdóttir
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Report ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
Preliminary Ruling ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights

Abstract This case report provides an account of the issues addressed in the preliminary ruling of the CJEU in Martinez Silva vs. Italy. The case centres on the limitations Member States of the European Union are permitted to apply in granting third-country nationals in employment equal treatment with nationals in social security rights according to Directive 2011/98/EU (the Single Permit Directive). Additionally, the preliminary ruling of the Court is discussed is discussed in the context of the human rights principle of equal treatment as it is enshrined in EU Charter of Fundamental Rights and International Labour Law.

The classification as ‘worker’ under EU law

2019 ◽  
Vol 10 (4) ◽  
pp. 353-361
Author(s):  
Adam Sagan
Keyword(s):  
European Union ◽  
Main Part ◽  
Case Law ◽  
Second Step ◽  
Eu Law ◽  
The European Union ◽  
Labour Law ◽  
The Third ◽  
Current Discussion ◽  
Court Of Justice

The paper discusses the concept of the term worker in European labour law, focusing on the decision of the Court of Justice of the European Union in the Matzak case. First, the facts that are essential to Mr Matzak’s qualification as a worker are presented. In a second step, the part of the Court’s decision which refers to the concept of ‘worker’ is analysed. The third and main part deals in detail with the current discussion of the concept of the term ‘worker’ in EU law. This analysis should make it possible to systemise the decisions of the Court. Finally, an attempt is made to classify the decision of the Court in the Matzak within its own case law and to assess its consequences for future decisions.

scholarly journals Crónica de la jurisprudencia europea sobre igualdad (De 1/9/2017 a 31/8/2018) = Chronicle of the European case law on equality (from 1/9/2017 to 31/8/2018)

2019 ◽  
Vol 4 (2) ◽  
pp. 192
Author(s):  
Jean Jacqmain
Keyword(s):  
European Union ◽  
Human Rights ◽  
Case Law ◽  
Equal Treatment ◽  
The European Union ◽  
Derechos Humanos ◽  
Court Of Justice ◽  
European Court ◽  
The Subject

Resumen. El estudio aborda el análisis de las sentencias dictadas en aplicación del principio de igualdad de trato y oportunidades desde el 1 de septiembre de 2017 hasta el 31 de agosto de 2018 por el Tribunal de Justicia de la Unión Europea. También incluye sentencias y decisiones dictadas en ese periodo por el Tribunal Europeo de Derechos Humanos.Palabras clave: Tribunal de Justicia de la Unión de Europea, Tribunal Europeo de Derechos Humanos, Principio de igualdad de trato y de oportunidades.Abstract. This paper deals with the analysis of judgments related to the principle of equal treatment and opportunities and delivered from September 1, 2016 until August 31, 2017 by the Court of Justice of the European Union. It also includes judgments and decisions on the subject during this period issued by the European Court of Human RightsKeywords: Court of Justice of the European Union, European Court of Human Rights, Principle of equal treatment and opportunities.

The European Court of Justice, National Governments, and Legal Integration in the European Union

1998 ◽  
Vol 52 (1) ◽  
pp. 149-176 ◽  
Author(s):  
Geoffrey Garrett ◽  
R. Daniel Kelemen ◽  
Heiner Schulz
Keyword(s):  
European Union ◽  
Case Law ◽  
European Court Of Justice ◽  
Equal Treatment ◽  
Theoretic Model ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Agricultural Imports ◽  
State Liability

We develop a game theoretic model of the conditions under which the European Court of Justice can be expected to take “adverse judgments” against European Union member governments and when the governments are likely to abide by these decisions. The model generates three hypotheses. First, the greater the clarity of EU case law precedent, the lesser the likelihood that the Court will tailor its decisions to the anticipated reactions of member governments. Second, the greater the domestic costs of an ECJ ruling to a litigant government, the lesser the likelihood that the litigant government will abide by it (and hence the lesser the likelihood that the Court will make such a ruling). Third, the greater the activism of the ECJ and the larger the number of member governments adversely affected by it, the greater the likelihood that responses by litigant governments will move from individual noncompliance to coordinated retaliation through new legislation or treaty revisions. These hypotheses are tested against three broad lines of case law central to ECJ jurisprudence: bans on agricultural imports, application of principles of equal treatment of the sexes to occupational pensions, and state liability for violation of EU law. The empirical analysis supports our view that though influenced by legal precedent, the ECJ also takes into account the anticipated reactions of member governments.

6 The Court of Justice as a Labour Court

2012 ◽  
Vol 14 ◽  
pp. 145-175
Author(s):  
ACL Davies
Keyword(s):  
European Union ◽  
Case Law ◽  
Recent Case ◽  
Critical Examination ◽  
Legal Systems ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Labour Disputes

AbstractMany legal systems have specialist labour courts with jurisdiction over individual employment disputes or collective labour disputes or both. The literature identifies a number of possible justifications for the use of specialist labour courts. This chapter will engage in a critical examination of this literature in order to develop a framework for analysing the performance of courts (whether specialist or otherwise) in deciding labour law cases. We shall then apply that framework to some of the recent case law of the Court of Justice of the European Union.

The Court of Justice as a Labour Court

2012 ◽  
Vol 14 ◽  
pp. 145-175
Author(s):  
ACL Davies
Keyword(s):  
European Union ◽  
Case Law ◽  
Recent Case ◽  
Critical Examination ◽  
Legal Systems ◽  
The European Union ◽  
Labour Law ◽  
Court Of Justice ◽  
Labour Disputes

AbstractMany legal systems have specialist labour courts with jurisdiction over individual employment disputes or collective labour disputes or both. The literature identifies a number of possible justifications for the use of specialist labour courts. This chapter will engage in a critical examination of this literature in order to develop a framework for analysing the performance of courts (whether specialist or otherwise) in deciding labour law cases. We shall then apply that framework to some of the recent case law of the Court of Justice of the European Union.

scholarly journals The Impact of the Case-Law of the Court of Justice of the European Union in the Field of Public Procurement

2018 ◽  
Vol 24 (2) ◽  
pp. 189-193
Author(s):  
Albena Ivanova
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Case Law ◽  
Equal Treatment ◽  
The European Union ◽  
Member States ◽  
Administrative Practice ◽  
Court Of Justice ◽  
The One ◽  
The Impact

Abstract The article examines the case-law of the Court of Justice of the European Union on Public Procurement issues. On the one hand, the paper analyzes the control exercised by the Court in this area while the Member States implement the Public Procurement Directives by transposing them into national law or by administrative practice which is subject to judicial review. The Court's control is executed through the interpretation of provisions and through actions taken by the European Commission against Member States for breaches of EU law in the area of Public Procurement. On the other hand, in the references for a preliminary ruling, the Court of Justice of the EU defines some basic terms, such as 'public procurement' (at Union level), a contractor, a minimum threshold, etc., and affirms the key principles that must be respected for the fulfilment of Public Procurement objectives such as transparency, competition and equal treatment. The article aims to show the contribution of the case-law of the Court of Justice of the European Union to the development and uniform application of Public Procurement legislation in the Member States and facilitates the functioning of the Internal market

scholarly journals Characteristics of Precedent: The Case Law of the European Court of Justice in Three Dimensions

2015 ◽  
Vol 16 (5) ◽  
pp. 1073-1098 ◽  
Author(s):  
Mattias Derlén ◽  
Johan Lindholm
Keyword(s):  
European Union ◽  
Case Law ◽  
Three Dimensions ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Court Of Justice ◽  
European Court ◽  
Number Of Factors ◽  
The One

AbstractThe case law of the Court of Justice of the European Union (CJEU) is one of the most important sources of European Union law. However, case law's role in EU law is not uniform. By empirically studying how the Court uses its own case law as a source of law, we explore the correlation between, on the one hand, the characteristics of a CJEU case—type of action, actors involved, and area of law—and, on the other hand, the judgment's “embeddedness” in previous case law and value as a precedent in subsequent cases. Using this approach, we test, confirm, and debunk existing scholarship concerning the role of CJEU case law as a source of EU law. We offer the following conclusions: that CJEU case law cannot be treated as a single entity; that only a limited number of factors reliably affect a judgment's persuasive or precedential power; that the Court's use of its own case law as a source of law is particularly limited in successful infringement proceedings; that case law is particularly important in preliminary references—especially those concerning fundamental freedoms and competition law; and that initiating Member State and the number of observations affects the behavior of the Court.

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