Collective redress in labour and social law disputes: An (attractive) option for the EU?

2021 ◽  
pp. 203195252110566
Author(s):  
Zane Rasnača
Keyword(s):  
Legal Systems ◽  
Opportunity Structure ◽  
Social Law ◽  
Collective Redress ◽  
Attractive Option ◽  
Catch Up ◽  
The Eu

Collective redress has a lot of appeal as an enforcement tool, but historically it has been seen as somewhat unfitting for the European legal landscape. Despite this, many EU national legal systems have introduced collective redress mechanisms. The area of EU labour and social law, however, has been slow to catch up with this trend. This article discusses whether collective redress in labour and social law disputes could be an attractive option for the EU. Relying on an analysis of the legal opportunity structure it proposes some ideas on how to advance. All in all, collective redress is no panacea but could potentially complement and improve the EU enforcement toolbox, particularly in areas where there is evidence of persistent enforcement gaps.

scholarly journals Divergence of romano-germanic and anglo-american legal systems on the example of brexit

2020 ◽  
pp. 144-153
Author(s):  
Tetjana Humeniuk
Keyword(s):  
European Union ◽  
European Integration ◽  
Practical Importance ◽  
Mutual Transformation ◽  
Eu Law ◽  
Legal Systems ◽  
The European Union ◽  
Political Processes ◽  
Anglo American ◽  
The Eu

Purpose. The purpose of the article is to analyze topical issues of divergence of the Romano-Germanic and Anglo-American legal systems on the example of Brexit. Methodology. The methodology involves a comprehensive study of theoretical and practical material on this subject, as well as formulation of relevant conclusions and recommendations. The following methods of scientific cognition were used in the research process: dialectical, terminological, formal and logical, comparative and legal, system and functional methods. Results. The study found that an important role in resolving conflicts between EU law and UK national law was played by the Court of Justice of the European Union which declared British legislation invalid since it was not in line with EU law. Thanks to the case law of the CJEU and the national courts of the United Kingdom, it has been possible to adjust and harmonize the interaction between EU law and the national law of this country. As European integration is formed on the basis of a supreme legal force created by external (supranational) bodies, the national bodies that form the national rules of British law inevitably give up part of their powers in favor of EU law. Brexit is just the beginning of a long series of problematic issues that will arise in the EU as a result of member states’ more or less serious objections to a radical course to deepen European integration. And under such conditions, there is a widespread understanding that finding clear and effective answers to new challenges requires finding new conceptual (and most importantly, effective) approaches to the future functioning of the EU, as old mechanisms and methods no longer work properly and do not resolve contradictions spreading and becoming more acute. Scientific novelty. The study shows that the withdrawal of Britain from the European Union initiates a large-scale process of mutual transformation of the legal systems of both parties, the effectiveness of which will be determined by the realities of European geopolitical environment as well as domestic political processes within Great Britain itself. Practical importance. Research materials can be used for comparative law studies.

scholarly journals Der Platz der juristischen Fachsprache in der Experten-Laien-Kommunikation

2017 ◽  
Vol 19 (36) ◽  
pp. 55
Author(s):  
Viola Heutger
Keyword(s):  
Point Of View ◽  
Legal Systems ◽  
Legal Texts ◽  
The Eu

In this commentary, the author outlines possible contributions of a linguistic monitoring especially to the interpretive work of legal experts from the point of view of a lawyer. However, for such a monitoring to be efficient more efforts must be made from the part of the linguists to make clear what the specific methodological characteristics of a linguistic monitoring consist in. The article sees possible contribution in fields like interpreting legal texts in more languages like in the EU system, overcoming the differences of legal systems in international legal cooperation, and optimizing national legal texts produced on the basis of community legal texts in order to make them more accessible for national citizens.

Article 50 TEU: The Quest for an Orderly Withdrawal and the Possibility of Alternative Denouements

2021 ◽  
pp. 21-47
Author(s):  
Michael Dougan
Keyword(s):  
European Union ◽  
Member State ◽  
Eu Law ◽  
Legal Systems ◽  
Article 50 ◽  
The Uk ◽  
The Eu

This chapter sets out the basic constitutional framework, under EU law, governing the withdrawal of a Member State. Article 50 of the Treaty on European Union recognizes the sovereign right of any State to leave the EU and sets out a process for agreeing the terms of an orderly departure. But Brexit also required the EU and the UK to undertake extensive internal preparations, to ensure their own legal systems were ready for the UK’s departure. Moreover, Article 50 itself is drafted in only brief and sketchy terms, leaving many important decisions about Brexit to be worked out in practice. And EU law allows for other final outcomes to the withdrawal process—including a ‘no deal Brexit’; or the UK’s right to ‘revoke and remain’ under the Wightman ruling.

scholarly journals Human Resources Readiness for Industry 4.0

2019 ◽  
Vol 6 (1) ◽  
pp. 3 ◽  
Author(s):  
Jaroslav Vrchota ◽  
Monika Mařiková ◽  
Petr Řehoř ◽  
Ladislav Rolínek ◽  
Radek Toušek
Keyword(s):  
Czech Republic ◽  
Industry 4.0 ◽  
Computer Skills ◽  
High Tech ◽  
Eastern Region ◽  
The European Union ◽  
The Czech Republic ◽  
Internet Connection ◽  
Catch Up ◽  
The Eu

Industry 4.0 is related to major changes, particularly in production. As such changes might have major implications for the labour market; the paper focuses on the assumptions of the human capital and its preparedness for Industry 4.0 in the Czech Republic. The findings are based on EUROSTAT, MEYS, OECD, ISCED, CZSO, and WEF. Based on such data, twelve indicators were selected and described in the results. Subsequently, the correlation analysis was carried out, using the data of the Czech Republic in order to estimate which indicators are related and thus to obtain a more detailed view of areas that need to be improved. The level of computer skills in the Czech Republic are increasing. Internet connection is around 80%. The share of technical workers in the Czech Republic is in the range of 30–40%. In terms of expenditure on education, the Czech Republic belongs to the countries of the eastern region. The number of graduates of technical professions managed to catch up with the development of the European Union (EU). In terms of employment in High-tech and Medium-high-tech areas, the Czech Republic is one of the leaders in the EU. Czech students have great potential in basic computer skills.

Convergence among the CEE-8 economies and their catch-up towards the EU-15

2020 ◽  
Vol 55 ◽  
pp. 39-48
Author(s):  
Andrzej Cieślik ◽  
Dominika Róża Wciślik
Keyword(s):  
Catch Up ◽  
The Eu

1. Introduction

2021 ◽  
pp. 1-11
Author(s):  
Margot Horspool ◽  
Matthew Humphreys ◽  
Michael Wells-Greco
Keyword(s):  
European Union ◽  
Eastern Europe ◽  
Legal System ◽  
Central And Eastern Europe ◽  
Legal Systems ◽  
The European Union ◽  
Member States ◽  
The Eu

This introductory chapter traces the development of the European Union. Since its inception in 1952, the EU has matured and developed from a Community of like-minded states into a Union of a greater diversity of states, with a comprehensive legal system which is increasingly penetrating the national legal systems of Member States. From the six original members, the EU now counts 27 Member States. Eleven of the thirteen newer Member States are in Central and Eastern Europe, and have discarded their old Communist regimes, turning into democracies with the qualifications to join the Union. The latest developments and changes, including Brexit and the effects of Covid-19, are also discussed.

COLLECTIVE REDRESS PROCEDURES–EUROPEAN DEBATES

2009 ◽  
Vol 58 (2) ◽  
pp. 379-409 ◽  
Author(s):  
Duncan Fairgrieve ◽  
Geraint Howells
Keyword(s):  
Policy Development ◽  
National Level ◽  
Public Authorities ◽  
Member States ◽  
Collective Redress ◽  
Opt Out ◽  
Consumer Organizations ◽  
Civil Procedures ◽  
The Eu

AbstractCollective redress mechanisms for consumer claims seek both to allow legal systems to accommodate mass litigation without being overwhelmed and to enable litigation to be viable where individual claims would not be economic. The article maps a number of recent reforms and reform proposals relating to consumer collective redress at national level and comments on EU developments. It notes that there is insufficient recognition of the differences between schemes geared at managing mass litigation as opposed to those aimed at facilitating otherwise non-viable claims. There are however signs that a European style of collective redress procedure is developing, which emphasize the role of public authorities and consumer organizations as gatekeepers to collective redress. The EU is unlikely to be able to impose collective redress procedures on national civil procedures, but the EU could prompt Member States to reflect on the need for national reforms. There may be limited scope for an EU mechanism to address the problem of individually non-viable consumer claims. This would however have to address certain fundamental issues such as the opt-out mechanism, cy-près distribution and funding if consumer organizations are to be encouraged to bring such actions. At a legal doctrinal level, it is interesting to note the influence of comparative studies on policy development within Member States as well as at the EU level.

Inside the Municipal Lobby: Explaining Local Government Influence on the New EU Public Procurement Directives

2018 ◽  
Vol 16 (1) ◽  
pp. 193-214 ◽  
Author(s):  
Tom Verhelst
Keyword(s):  
Local Government ◽  
Causal Model ◽  
Public Procurement ◽  
Theory Building ◽  
Process Tracing ◽  
Opportunity Structure ◽  
Distinctive Character ◽  
Government Influence ◽  
Building Process ◽  
The Eu

Despite a challenging context, local authorities succeeded in influencing one of the most fiercely debated issues of the new EU Public Procurement Directives (2014): the (conditional) exemption of public-public cooperation (PPC). Using theory-building process-tracing this paper analyses the PPC-case to design a parsimonious causal model of successful municipal lobbying under challenging circumstances. The model represents a composed mechanism that triggered municipal lobby influence through the interplay of three basic parts: a strategic lobby campaign deployed by a strong protagonist, an external opportunity structure underpinning and strengthening the latter and a significantly receptive EU decision-making arena. Furthermore, the case suggests that in challenging lobby cases local government can profit from its distinctive character as an electorally legitimised and politically connected interest group to promote its interests in the EU polity.

National Executives and Bureaucracies

2020 ◽  
pp. 503-525
Author(s):  
Matthias Ruffert
Keyword(s):  
Democratic Legitimacy ◽  
The Political ◽  
Mutual Understanding ◽  
Legal Systems ◽  
Ideal Types ◽  
Administrative Organization ◽  
Administrative Units ◽  
The Relationship ◽  
The Eu

This chapter starts from the ‘classical’ divide between the political and non-political and presents how national administrative organization is described and compared in its hierarchical and independent emanations. Both hierarchy and independence are conceived as ideal-types of the relationship between the political executive and bureaucracies and within bureaucracies. The chapter then shows how this ideal developed and is applied in some administrative jurisdictions, and how it carries elements of unitary thinking and centralization into these jurisdictions. It also addresses the legitimacy issues of independence, in particular with respect to democratic legitimacy and accountability. In its conclusions, the chapter tries to identify elements of comparison that may be helpful for the mutual understanding of administrative legal systems but also for building common administrative units such as in the EU.

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