The law concerning the election of employees’ representatives in company bodies

2017 ◽  
Vol 8 (1) ◽  
pp. 96-104
Author(s):  
Bernard Johann Mulder
Keyword(s):  
European Union ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
National Legislation ◽  
Freedom Of Movement ◽  
Employee Representation ◽  
Court Of Justice ◽  
The Right ◽  
Made In

This paper assesses the juridical aspects of the right to vote for, and be elected as, employee representative in company bodies. The assessment is made in the light of the pending case Konrad Erzberger v TUI AG, C 566/15 before the Court of Justice of the European Union (CJEU). The case was referred to the CJEU by the Kammergericht Berlin (Germany) and it was lodged on 3 November 2015. In the case, two issues related to the provisions of the Treaty of Functioning of the European Union (TFEU) are addressed to the CJEU. One is if it is discrimination on grounds of nationality, another is if national legislation is incompatible with the provisions on freedom of movement for workers, when the national legislation does not permit inviting employees outside a country’s borders to vote or stand as a candidate for the employee representation in that company’s supervisory body. In this paper it is argued that national law in the case at issue is not incompatible with European Union (EU) law. Consequently, there is no discrimination on grounds of nationality, and there is no obstacle to free movement for workers. Instead, it is a matter of what law shall apply.

scholarly journals La libertad de circulación de los ciudadanos europeos : los nuevosretos más allá de la supresión de los controles fronterizos = Free movement of european citizens : new challenges beyond the border controls suppression

2013 ◽  
pp. 159
Author(s):  
Enrique Linde Paniagua
Keyword(s):  
European Union ◽  
Tax Law ◽  
Eu Law ◽  
The European Union ◽  
Freedom Of Movement ◽  
Education And Health ◽  
Court Of Justice ◽  
New Challenges ◽  
The Right ◽  
Border Controls

La constante expansión del mercado interior de la Unión Europea está desbordando las estrictas previsiones que se deducirían para el derecho a la libertad de circulación y residencia regulada en el Tratado de Funcionamiento de la Unión Europea y en el derecho derivado. Así, a la primigenia conexión del derecho a la libertad de circulación y residencia con la eliminación de las fronteras interiores han sucedido en la actualidad las múltiples conexiones de dicho derecho con el derecho fiscal, los derechos de la personalidad, la educación y la sanidad, tal y como acredita la jurisprudencia del Tribunal de Justicia de la Unión Europea. Esas son las nuevas fronteras que deberán ser afrontadas por el Derecho de la Unión para lograr una ciudadanía plena.The steady expansion of the internal market of the European Union is overflowing the strict provisions that would be deducted for the right to freedom of movement and residence regulated in the Treaty on the Functioning of the European Union and legislation. Thus, the primal connection of the right to freedom of movement and residence with the elimination of controls on persons at internal borders have happened today the multiple connections of this right with the tax law, rights of personality, the education and health, as proving the Court of Justice of the European Union. These are the new frontiers that must be addressed by EU law to achieve full citizenship.

20. Economic rights: workers, establishment and services

2020 ◽  
pp. 470-506
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Regulatory Competition ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Economic Rights ◽  
The Right

This chapter examines the provisions of European Union (EU) law concerning economic rights provided by Articles 45, 49 and 56 of the Treaty on the Functioning of the European Union (TFEU), concerning workers, establishment and services respectively. It discusses the Court of Justice’s (CJ) interpretation and its impact on Member States’ ability to regulate the right to trade within their own territory, as well as regulatory competition between Member States. The chapter discusses the harmonization of qualifications (including the Qualifications Directive), the free movement of lawyers and the Services Directive.

scholarly journals O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

2021 ◽  
Vol 13 (13) ◽  
pp. 469-480
Author(s):  
Alexandre Coutinho Pagliarini ◽  
Maria Fernanda Augustinhak Schumacker Haering Teixeira
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Workers ◽  
The Right ◽  
Economic Bloc ◽  
The Guardian ◽  
Second World

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.

11. Free movement of goods II: non-tariff barriers

2020 ◽  
pp. 287-318
Author(s):  
Nigel Foster
Keyword(s):  
European Union ◽  
European Commission ◽  
Case Law ◽  
European Court Of Justice ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Free Movement Of Goods

This chapter examines European Union (EU) law concerning non-tariff barriers to free movement of goods. It describes member states’ attempts to influence imports and the way the European Commission and the European Court of Justice (CoJ) handled these issues. This chapter explains the provisions of the relevant legislation for non-tariff barriers, which include Articles 34, 36, and 35 of the Treaty on the Functioning of the European Union (TFEU). It also analyses example cases including ‘Dassonville’, ‘Cassis de Dijon’, and post ‘Keck’ case law. It concludes with a consideration of the latest trend of cases concerning product use and residual rules.

scholarly journals Pojęcie współmałżonka w prawie unijnym – uwagi na tle orzeczenia w sprawie Coman (C‑673/16)

Politeja ◽  
2020 ◽  
Vol 17 (3(66)) ◽  
pp. 103-117
Author(s):  
Ewa Kamarad
Keyword(s):  
European Union ◽  
International Law ◽  
Mutual Recognition ◽  
Private International Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
The Right ◽  
First Time ◽  
The Eu

The Term ‘Spouse’ in EU Law – Comments on the Judgment in the Coman Case (C‑ 673‑16) The paper concerns the judgment of 5 June 2018 issued by the Court of Justice of the European Union in the Coman case (C‑673‑16), in which the Court for the first time defined the term ‘spouse’ for the purpose of Directive 2004/38 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States. It discusses the consequences of the judgement and its relation to the traditional mechanisms of private international law and the EU principle of mutual recognition.

22. Right to receive services

2020 ◽  
pp. 529-539
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Eu Law ◽  
The European Union ◽  
Publicly Funded ◽  
Court Of Justice ◽  
The Right ◽  
To Receive ◽  
Dividing Line

This chapter examines the European Union (EU) law concerning the right to receive services under Article 56 of the Treaty on the Functioning of the European Union (TFEU). The chapter considers the dividing line between those services which are provided for remuneration and publicly funded services—these include education (including scholarships and grants) and healthcare (including in the context of the Patients’ Directive). It focuses on the jurisprudence of the Court of Justice (CJ) in which it has developed a number of mechanisms to extend rights for those who have moved to receive services.

19. Citizenship: rights of free movement and residence

2020 ◽  
pp. 436-469
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Family Members ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Citizenship Rights ◽  
Broad Framework ◽  
The Right ◽  
Third Country Nationals

This chapter examines the European Union (EU) law concerning citizenship and the right of residence and free movement. It suggests that while citizenship provides a broad framework of rights, it is important to recognise the higher level of protection awarded to the economically active under Articles 45 (workers), 49 (establishment) and 56 (services) of the Treaty on the Functioning of the European Union (TFEU). The chapter also considers the link between migration and the rights claimed, and highlights the underlying concerns about the abuse of Union law rights. The chapter highlights the latest contribution of the CJ in relation to the interpretation of the Citizens’ Rights Directive (Directive 2004/38/EC). It also considers the position of third-country nationals (who are family members or dependents of an EU national) and students.

Addressing Issues of Protective Scope within the Francovich Right to Reparation

2017 ◽  
Vol 13 (1) ◽  
pp. 124-165 ◽  
Author(s):  
Michael Dougan
Keyword(s):  
European Union ◽  
Member State ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Environmental Legislation ◽  
Court Of Justice ◽  
State Liability ◽  
Employment Legislation ◽  
Public Bodies

EU Law – Member State liability in damages – Issues of protective scope about exactly which individuals/interests are protected – Conditions for Member State liability – Intention to confer rights criterion – Tendency towards a ‘checklist’ approach by the Court of Justice of the European Union – Potential implications for scope of Member State liability – Finding appropriate balance between protecting individuals and punishing public bodies – Example of free movement rights – Example of environmental legislation – Example of employment legislation

scholarly journals The Programmatic Approach: Finding the Right Balance between the Precautionary Principle and the Right to Conduct a Business

2020 ◽  
Vol 17 (1) ◽  
pp. 76-98
Author(s):  
Rogier Kegge ◽  
Annemarie Drahmann
Keyword(s):  
European Union ◽  
Precautionary Principle ◽  
Eu Law ◽  
The European Union ◽  
Environmental Rights ◽  
The Precautionary Principle ◽  
Court Of Justice ◽  
Eu Directives ◽  
The Right ◽  
High Level

This article aims to assess whether a programmatic approach could still be a useful legal instrument for the allocation of scarce environmental rights and a legitimate tool for implementing EU Directives. In response to the recent judgment of the Court of Justice of the European Union (cjeu) in the Dutch Programmatic Approach to Nitrogen case, 1 we will examine under what conditions a programmatic approach could be compatible with the precautionary principle and the freedom to conduct a business as protected by EU law. These principles are inextricably linked, and the Member States and the cjeu must find a balance between a high level of environmental protection and the freedom to conduct a business.

scholarly journals Unveiling the overlooked freedom – the context of free movement of capital and payments in the EU law

2012 ◽  
Vol 12 (2) ◽  
pp. 129-145
Author(s):  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
Slow Release ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
Treaty Provision ◽  
Free Movement Of Capital ◽  
The Eu

Abstract Free movement of capital and payments represents the youngest of the freedoms within the single internal market of the European Union. Th e title “youngest” points on the very slow release of capital markets within the European Community and the European Union which leads to the tardy development of this freedom. It is young also from the view of the legal effects because it was the last of the freedom where direct effect of basal Treaty provision was accepted by the Court of Justice. In the heading of this article I awarded the forth freedom with the adjective “overlooked” which is clearly my subjective opinion on the approach of the EU law scholars to this part of the internal market law. In the most of the substantive textbooks and casebooks we may find only marginal space devoted to this field, especially in comparison with the other market freedoms. My objective is to off er and general introductive insight to this area and to certain extent cover the emerging gap.

Sign in / Sign up

Export Citation Format

Share Document