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 National and Constitutional Identity in the Case Law of the Court of Justice of the European Union

2017 ◽  
Vol 1 (2) ◽  
pp. 6-27
Author(s):  
Ondrej Hamuľák ◽  
David Kopal ◽  
Tanel Kerikmäe
Keyword(s):  
European Union ◽  
National Identity ◽  
Main Part ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
Introductory Part ◽  
Before And After ◽  
Constitutional Identity

The aim of this paper is to determine the position of the CJEU towards the national identity with regard to its case law and whether the Court gives preference to the national identity or to the primacy of EU law during the balancing between the constitutional principles and the interests of member states with EU law. The introductory part of the paper addresses the insertion and the development of the national identity clause in the primary law. Its main part consists of analysis of the case law of the CJEU, as well as of the opinions of Advocates General, in the period before and after the adoption of the Treaty of Lisbon.

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.

scholarly journals The Rise and Expressions of Consistency in EU Law: Legal and Strategic Implications for European Integration

2013 ◽  
Vol 15 ◽  
pp. 139-167
Author(s):  
Ester Herlin-Karnell ◽  
Theodore Konstadinides
Keyword(s):  
European Union ◽  
European Integration ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Legal Principles ◽  
Division Of Powers ◽  
Court Of Justice ◽  
Scope Of Application

Abstract The principle of consistency has a prominent place in EU law. In the Treaty of Lisbon, it constitutes an umbrella under which a number of legal principles of EU law follow as corollaries. Consistency manifests itself within both horizontal and vertical levels of governance. This chapter will unpack this principle and will focus on the broader implications of consistency for the division of powers in EU law. In doing so, the authors aim to discuss the rise of consistency in EU law and decrypt its various constitutional expressions in order to determine its scope of application. Two notions of consistency are presented: a formal one that appears in the Treaty of Lisbon and a strategic one, prominent in the case law of the Court of Justice of the European Union (CJEU). It is argued that consistency is relevant to both traditional (integrationist) and alternative (differentiated) routes to European integration. The chapter concludes by discussing whether the undefined nature of ‘consistency’ puts it at risk of becoming an empty vessel.

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.

The Impact of the Court of Justice of the European Union on Neighbouring Countries

2020 ◽  
pp. 349-396
Author(s):  
Arie Reich ◽  
Hans-W. Micklitz
Keyword(s):  
European Union ◽  
A Priori ◽  
Policy Recommendations ◽  
Eu Law ◽  
The European Union ◽  
The Third ◽  
Court Of Justice ◽  
The Many ◽  
The Impact ◽  
Legal Integration

The concluding chapter sums up the overall findings of the project through three different strands of analysis: the first breaks down the eleven jurisdictions into three groups based on the relative quantity and impact of Court of Justice of the European Union (CJEU) citations found in these jurisdictions. By drawing conclusions from all the country reports through a comparative and macro-perspective, the goal is to distil the insights of the entire project and formulate policy recommendations in the light of EU external policy and legal integration objectives vis-à-vis its neighbourhood; the second examines the many factors that a priori could have an impact on whether judges are likely to cite the CJEU in their judgments, and then discusses what the research has found in relation to the actual role played by these factors; the third tries to place the current project into the context of overall research on the global reach of EU law, which can be ‘exported’ to non-members of the EU through various mechanisms, such as mutual and formal agreement or through more unilateral and spontaneous forms. They include modes of extraterritorial application of EU law, territorial extension, and the so-called ‘Brussels Effect’. The chapter concludes with some general observations and thoughts and formulates possible policy recommendations.

Mixed Agreements: The EU Law Fundamentals

2018 ◽  
Author(s):  
Joni Heliskoski
Keyword(s):  
European Union ◽  
Case Law ◽  
International Agreements ◽  
Eu Law ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
Basic Characteristics ◽  
Mixed Agreements ◽  
The Eu

Whatever terminology one might wish to employ to describe the form of integration constituted by the European Union and its Member States, one fundamental attribute of that arrangement has always been the division, as between the Union and its Member States, of competence to conclude international agreements with other subjects of international law. Today, the fact that treaty-making competence—as an external facet of the more general division of legal authority—is divided and, to some extent, shared between the Union and its Member States is reflected by some of the opening provisions of the Treaty on European Union and the Treaty on the Functioning of the European Union. Notwithstanding the changes to the scope and nature of the powers conferred upon the Union, resulting from both changes to primary law and the evolution of the case law of the Court of Justice of the European Union (CJEU), the basic characteristics of the conferment as an attribution of a limited kind has always been the same; there has always existed a polity endowed with a treaty-making authority divided between and, indeed, shared by, the Union and its Member States. In the early 1960s mixed agreements—that is, agreements to which the European Union

From Washington with Love—Investor–State Arbitration and the Jurisdictional Monopoly of the Court of Justice of the European Union

2010 ◽  
Vol 12 ◽  
pp. 425-453
Author(s):  
Philip Strik
Keyword(s):  
European Union ◽  
Dispute Settlement ◽  
Case Law ◽  
Legal Order ◽  
Forum Shopping ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
International Dispute ◽  
The Eu

AbstractWhile investor–State arbitration is to a large extent detached from the EU legal order, EU law has recently started to be invoked in investor-State arbitration proceedings. In the context of intra-EU bilateral investment treaties, the Commission has expressed the view that investor-State arbitration gives rise to a number of ‘arbitration risks’ for the EU legal order. Not only can it solicit investors to engage in forum-shopping, but it can also result in questions of EU law not being litigated in Member State or Union courts. This chapter explores the extent to which the compatibility of investor–State arbitration with the EU legal order is in issue. It examines the main features of investor-State arbitration as concerns its interplay with the EU legal order, as well as the Court of Justice’s case law on issues of compatibility between systems of international dispute settlement and the EU legal order. The chapter highlights that the way in which investor–State arbitral tribunals handle issues of EU law, as well as the involvement of interested parties, may foster the synergy between investor–State arbitration and the EU legal order.

scholarly journals The interpretation complying with EU law manifested in the case law unifying judgment No. 15/2013 of the Portuguese Supreme Court of Justice

2016 ◽  
Vol 2 ◽  
pp. 82-96
Author(s):  
Carla Machado
Keyword(s):  
European Union ◽  
Supreme Court ◽  
Case Law ◽  
Legal Order ◽  
The Other ◽  
Eu Law ◽  
The European Union ◽  
The Public ◽  
Court Of Justice ◽  
The One

This article aims to address the interpretation that has been made by Portuguese courts in relation to the concept of “communication of the work to the public” enshrined in Article 3 (1) of Directive 2001/29/EC of the European Parliament and of the Council of 22 May 2001, duly transposed into the Portuguese legal order by Law No. 50/2006 of 24 August, which culminated in the drafting of the case law unifying judgment No. 15/2013. By verifying its content and analysing the case law of the Court of Justice of the European Union (hereinafter CJEU), concerning the interpretation of that concept, we conclude that the said case law unifying judgment does not comply with EU law. Therefore, we will list, on the one hand, the inherent consequences regarding the upkeep of the interpretation that has been held by the Portuguese judicial authorities and, on the other, we will suggest solutions for the resolution of similar cases by appealing to the principle of conforming interpretation.

scholarly journals Understanding National Remedies and the Principle of National Procedural Autonomy: A Constitutional Approach

2021 ◽  
pp. 1-31
Author(s):  
Daniel HALBERSTAM
Keyword(s):  
European Union ◽  
National Court ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
Procedural Autonomy ◽  
The Way

Abstract This article provides a constitutionally grounded understanding of the vexing principle of ‘national procedural autonomy’ that haunts the vindication of EU law in national court. After identifying tensions and confusion in the debate surrounding this purported principle of ‘autonomy’, the Article turns to the foundational text and structure of Union law to reconstruct the proper constitutional basis for deploying or supplanting national procedures and remedies. It further argues that much of the case law of the Court of Justice of the European Union may be considered through the lens of ‘prudential avoidance’, ie the decision to avoid difficult constitutional questions surrounding the principle of conferral. As the last Part shows, a constitutional understanding of ‘national procedural authority’—not ‘autonomy’—helps clear up some persistent puzzles, and provides critical guidance for when deference to national procedures and remedies is appropriate, and when such deference is misplaced. Comparative references inform the argument along the way.

The External Influence of the Court of Justice of the European Union

2020 ◽  
pp. 16-37
Author(s):  
Joanne Scott
Keyword(s):  
European Union ◽  
Case Law ◽  
International Agreements ◽  
Institutional Arrangements ◽  
External Influence ◽  
Eu Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Global Reach

This chapter explores aspects of Court of Justice of the European Union (CJEU) case law that highlight the role that this Court has played in enhancing the global reach of EU law and the influence of its own judgments abroad. It addresses two main themes. The first theme is concerned with the CJEU’s contribution in shaping the institutional arrangements established by international agreements concluded by the EU with its neighbouring countries, particularly as regards the role carved out for the CJEU within them. The CJEU has succeeded in enhancing its own role and interpretative authority within the framework of these agreements. The chapter argues that the CJEU has emerged as an agent of its own authority by jealously guarding its interpretative supremacy, as well as the autonomy of EU law. The second theme is concerned with CJEU case law addressing ‘global reach’ EU law. This includes EU law which is extraterritorial, or which gives rise to territorial extension. It also covers EU legislation, which serves as a catalyst for the ‘Brussels Effect’. It is argued that the CJEU has enhanced the external influence of EU law by interpreting broadly and upholding the lawfulness of global reach EU law. Taken together, these two themes exemplify the ways in which EU law, including CJEU judgments, can have influence in third countries. This analysis contributes to our understanding of why some judgments issued by the CJEU have proved to be particularly influential in third countries, as exemplified by the various chapters included in this volume.

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