Free movement of services and equal treatment of workers: the case of construction

2006 ◽  
Vol 12 (2) ◽  
pp. 167-181 ◽  
Author(s):  
Jan Cremers

Directive 96/71/EC (the Posted Workers Directive) is the legal framework in Europe for bona fide cross-border work by posted workers. Following fierce debates at the beginning of the 1990s the European institutions adopted this Directive in 1996. The basic purpose of the Directive was to guarantee equal rights to posted workers combined with fair competition for transnational operations, relying on the ‘host country’ principle. A study by the author has shown that national implementation of the Directive after 1996 has been poor. Following enlargement on 1 May 2004 the debate about decent regulation of labour migration and posted and temporary work abroad returned to the agenda. The current discussions on the Services Directive have brought the ‘country of origin’ principle into the spotlight. The political struggle between supporters of decent regulation (and legal application) of labour migration issues and advocates of the free market has entered a new phase.

Author(s):  
Julio H. Cole

Milton Friedman, who died in the early morning of November 16, 2006, was a world-famous economist, and an ardent and effective advocate of the free market economy. Much of his celebrity derived from his role as public intellectual, an aspect of his work that was reflected largely in popular books, such as Capitalism and Freedom (1962) and the hugely successful Free to Choose (1980) -both co-authored with his wife, Rose (and the latter based on the television documentary of the same title)- and in the Newsweek opinion columns he wrote for many years. Though he was already well-known by the time he received the Nobel Prize in Economics, in 1976, both his stature as public figure and his effectiveness as policy advocate were greatly enhanced by that award, and this is what has been mostly stressed in the vast outpouring of obituaries and public testimonials prompted by his recent passing. It is important to recall, however, that there was another aspect of his career, one which most professional economists (and probably Friedman himself) would regard as far more important than his incursions in the policy arena. Indeed, even if "Friedman the public intellectual" had never existed, "Friedman the economic scientist" would still be renowned and respected (though perhaps not as a bona fide world-class celebrity), and his memory will live long in the lore of economics It is primarily this other aspect of his life and work that I wish to focus on in this essay.


2013 ◽  
Vol 21 (2) ◽  
pp. 103-115 ◽  
Author(s):  
Stephen Nolan ◽  
Eleonore Perrin Massebiaux ◽  
Tomas Gorman

The article examines transformative alternatives that may offer pathways to a more participative, sustainable and equitable social order. It focuses on one form of alternative, worker-owned co-operatives, and argues this existing form of democratic and economic relations has already proven capacity to generate more equitable socio-economic outcomes and residual social capital. The worker-owned model islocated within an ideological framework that focuses on the inherent democratising principles of their praxis that can in the right circumstances underpin firm strategic foundations for radical social change. It examines the development of worker-owned co-ops in Ireland north and south and the obstacles that need to be overcome to make these a more feasible and common form of economic ownership. Reflecting on the current debate in Ireland it argues such co-ops cannot work effectively without a secure legal framework governing their status and softer supports including entrepreneurship development, leadership training, market research, accessing loan finance and grant aid, inter-cooperative networking and federation building. The article poses workers' co-operatives as sites of political struggle and consciousness, expressed in co-operatives' core values including sovereignty of labour, the subordinate nature of capital, democracy, inter-cooperation and sustainability, and in tangible democratic experiences and transformative praxis.


Author(s):  
Richard D. Brown

Though Americans have favored the idea of equal rights and equal opportunity, they recognize that differences in wealth and social advantage, like differences in ability and appearance, influence the realization, or not, of equal rights, including equality before the law. In the generations after 1776 the rights of creditors, for example, often overrode the rights of debtors. And criminal trials demonstrate that in courtrooms equal treatment was most often achieved when defendant and victim came from the same social class. Otherwise if they came from different classes social realities, including ethnicity, color, and gender could shape court officials and public opinion. And when a woman’s sexual virtue was compromised, her credibility was almost always discounted. In principle officials paid homage to the ideal of equality before the law, but in practice unequal rights often prevailed.


2020 ◽  
Vol 10 (2) ◽  
pp. 150-161
Author(s):  
Milda Ratkevičienė

AbstractIntroduction:Health care is one of the most important fields not only in individual countries, but globally as well, yet it remains one of the most sensitive topics, too. Global organisations have calculated that one out of seven residents around the world has some sort of disability. It is very likely that due to various processes, the number of people with disabilities will increase. Therefore, the world in general and each country in particular, Lithuania included, faces a great challenge: to ensure suitable and high-quality accessibility to health care services for the disabled. Each country must have clear political guidelines and strategies how to ensure training of health care specialists qualified and able to carry out their tasks when working with the disabled. Therefore, this article analyses global trends of training specialists to work with the disabled and legal basis of such specialist training in Lithuania.Methods:This article features analysis of scientific literary sources and legal documents.Results:International and national Lithuanian documents have clearly established that people with disabilities have equal rights to health care services like the rest of the population without any reservations, so this norm must be established adhering to the principles of accessibility, suitability and universality, and which basically should be ensured by health care specialists. However, document analysis has revealed that documents governing the training of health care specialists in Lithuania and processes related to it pay little attention to the training of future health care specialists to work with the disabled, while descriptions of some specific areas of studies, e.g. dentistry, pharmacy, etc. designed to train health care specialists do no address the work with the disabled at all.Discussion and conclusions:Analysis has revealed that institutions of higher education in Lithuania that train health care specialists are not legally entitled to, other requirements aside, to focus the study process on the work with the disabled. Therefore, it begs the question whether such specialists are actually ready to implement the requirements guiding the provision of health care services and ensure top-quality and proper provision of services to all members of the society, irrespective of their special needs, disabilities, etc. Therefore, this article can serve as a basis for further research related to the training of health care specialists to work with the disabled in order to identify what practice is applied in this area in other countries, as well as to ensure it internationally, what are the options and means required to implement it and how to improve the training of health care specialists as much as possible to work with the disabled ensuring the quality of health care in particular and their life in general.


2019 ◽  
Vol 06 (03) ◽  
pp. 466-488
Author(s):  
Dodik Heriyanto ◽  
Yaries Putro

Open skies policy is a concept of free market of airline industry. It eliminates single government’s influence in regulation and management of aviation industry. As implemented by the ASEAN Single Aviation Market (ASEAN-SAM) per 2015, the open skies policy aims to increase regional connectivity and regional economic growth by permitting airline industries from each ASEAN member states to fly above the Southeast Asian region without any barriers or restrictions. This policy has raised pros and cons from each ASEAN member state. Indonesia and some other states are still reluctant to adopt the open skies policy. By entering into commercial agreement to open their airspace, each member states will challenge their state sovereignty over the airspace above a state’s territory. This study argues that regional open skies policy provides greater economic advantages for the consumers of airline industry. However, this policy does not parallel to the basic principles of ASEAN. State sovereignty must be preserved in the liberalization that open skies represents. ASEAN Way, though inflexible, assigns member states with full sovereignty, which does not limit open skies policy implementation. This study, then, proposed legal framework through model of regional agreement to compromise between the state sovereignty principles and the regional open skies policy.


2003 ◽  
Vol 46 (1-2) ◽  
pp. 55-72
Author(s):  
Pero Petrovic

The economic-financial relations with foreign countries and organizations and that is include transition of the Yugoslav politics and it is complex subject about characteristics of the actual arrangements of the FR Yugoslavia with international financial institutions and organizations and that is only one important part. But interrelations that processes is obviously for this article main subject are open questions and dealed with it a perspective of the future arrangements. We must take micro and macroeconomic measures dealed with problems of our society and economy that arrangements will be important factors of the development of the economic development. International Monetary Found is concluded that FR of Yugoslavia have a great successes in the reforms of macroeconomic policy and in the first part dealing with inflation and growth of the currency reserves and growth of the industry production. Dealing with new macroeconomic policy bring the results and new tax politics and liberalization of the tax policy an currency system at the beginning of this year. New framework of the privatization and definition of banking system there is create a new legal framework with goal of transformation economy to free market economy.


2009 ◽  
Vol 23 (2) ◽  
pp. 105-137
Author(s):  
Samer Fares

AbstractSince its inauguration in 1994, the Palestinian Authority (PA) has taken responsibility over Palestinian economy and finance. The PA lifted all restrictions on the movement of capital and current payments. Although this has moved Palestinian economy from a heavily controlled economy to a market-based style, the liberalization process was not built on sound legal bases and thus created a legal vacuum. The PA has been working ever since to confirm the Palestinian free-market economy with the introduction of a new well-developed legal system consistent with international standards and norms. Therefore, the objectives of this article are to analyze the Palestinian liberalization process and its compatibility with international law obligations.


1992 ◽  
Vol 37 (3) ◽  
pp. 376-397 ◽  
Author(s):  
Michael O. West

SummaryBetween 1924 and 1961 elite Africans in Southern Rhodesia (colonial Zimbabwe) waged a protracted political struggle for the right legally to drink “European” liquor, which had been banned to colonized Africans under the Brussels Treaty of 1890. Refusing to be lumped with the black masses and basing their claim on the notion that there should be “equal rights for all civilized men”, elite Africans argued that they had attained a cultural level comparable to that of the dominant European settlers and should therefore be exempt from the liquor ban. This struggle, which ended successfully in 1961, also highlights other important themes in the history of the emergent African elite in Southern Rhodesia, most notably its political tactics and consciousness. The quest for European liquor helped to hone political skills as well, as a number of individuals who participated in it later became important African nationalist leaders.


2021 ◽  
Vol specjalny (XXI) ◽  
pp. 413-426
Author(s):  
Helena Szewczyk

The improvement in the quality of life of an employed person and his/her sustainable development are the basis of the concept of work-life balance. In this concept, the professional and private spheres are of equal importance and should complement and strengthen each other. The objective of ILO Convention 156 and ILO recommendation 165 related to it, is to ensure equal treatment and equal opportunities in the scope of employment and professional activity of working women and men who fulfill family responsibilities. Art. 33 section 2 of the Charter of Fundamental Rights of the European Union and the European pillar of social rights provides accordingly. The permanence of marriage and equal rights of spouses are among the basic principles of Polish family law. Equal rights of women and men in the context of equal rights of persons carrying out parental and care responsibilities are a fundamental constitutional principle in our country. Therefore, new legal regulations at the EU and national level concerning the balance between the professional and private life of parents and guardians are necessary. It should be de lege ferenda called for the inclusion of the concept of balance between professional and private life of working people who perform parental and guardian functions in labor law and family and guardianship law in a wider scope. It seems that nowadays the most important problem is the introduction of legal solutions in the field of work exemptions, employee holidays and more flexible working hours for employees who have care responsibilities towards the elderly or chronically ill (parents, parents-in-law, siblings) to the Labor Code


2021 ◽  
Vol 19 (61) ◽  
pp. 57-74
Author(s):  
Adrianna Kaczuba

The aim of the present study was to analyze if parents’ labour migration experienced during childhood has long-lasting influence on people’s psychological functioning. It was verified whether family functioning defined as flexibility, cohesion, communication, and maladaptive beliefs was differentiated by the occurrenceof parents’ labuor migration. It was also tested if parents’ labour migration moderated the relationship between family functioning and maladaptive beliefs. The sample comprised 170 young adults (Mage = 21,81; SD = 2,99) including 94 people whose parents had migrated to work abroad, and 76 people whose parents had never left to work abroad. The study used the Polish adaptation of The Young Schema Questionnaire Short Form (YSQ-S3-PL) by Oettingen, Chodkiewicz, Mącik, and Gruszczyńska (2017), and an adaptation of the FACES-IV by Margasiński (2013). The results indicated that in eight of the tested models, the parents’ labour migration moderated the relationship between family functioning and maladaptive beliefs. The greatest susceptibility to the moderating effects of the indicated set of variables was observed in relation to the maladaptive schema of Defectiveness.


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