scholarly journals Analysis of the structure and practical activity of the European Foundation for the Improvement of Living and Working Conditions

2020 ◽  
Vol 8 (2) ◽  
pp. 113-125
Author(s):  
Karolina Bicz
Keyword(s):  
European Union ◽  
Working Conditions ◽  
Public Services ◽  
Institutional Structure ◽  
Social Dimension ◽  
The European Union ◽  
Labour Law ◽  
Practical Activity ◽  
European Foundation

The article presents the structure and practical activity of the European Foundation for the Improvement of Living and Working Conditions. The text consists of the following chapters: introduction, institutional structure, activities and objectives of the European Foundation for the Improvement of Living and Working Conditions, the practical activities of the Foundation, social dimension of intra-EU mobility, its impact on public services and a summary. The author also described the issue of “welfare magnet hypothesis”. In general, the article reveals and describes the significance of the institution in the context of the labour law policy operating in the European Union.

EUROPEAN AUTONOMOUS EMPLOYEE DEFINITION. A REASON FOR A DISCUSSION OVER DEVELOPMENT OF EMPLOYMENT RIGHTS

2021 ◽  
Vol specjalny (XXI) ◽  
pp. 129-137
Author(s):  
Joanna Unterschütz
Keyword(s):  
European Union ◽  
Working Conditions ◽  
Trade Unions ◽  
Employment Law ◽  
Paid Work ◽  
The European Union ◽  
Labour Law ◽  
Definition Of ◽  
Employment Rights ◽  
The Eu

For many years, there has been a discussion in the study of Polish labour law on the legitimacy of replacing labour law with employment law as a broader category, including also people who perform paid work on other grounds. The implementation of Directive 2019/1152 on transparent and predictable working conditions in the European Union should also cover a wider group of people performing paid work. The EU legislator, when defining the subjective scope, refers to the autonomous EU definition of an employee created by the CJEU, which is broader than many national definitions. Despite the objections raised against the concept of employment law, the implementation of the directive may be a step towards building a new field of law, just as the extension of the subjective scope of the Act on Trade Unions contributed to the creation of collective employment law.

Towards an Enhanced Institutional Structure of the Eurasian Economic Union

2020 ◽  
Vol 152 ◽  
pp. 102-111
Author(s):  
Igor V. Pilipenko ◽  
Keyword(s):  
Decision Making ◽  
European Union ◽  
Institutional Structure ◽  
Governance Structures ◽  
The European Union ◽  
Integration Process ◽  
Eurasian Economic Union ◽  
Economic Commission ◽  
Economic Union ◽  
The Eu

This article considers how to enhance the institutional structure of the Eurasian Economic Union (EAEU) in order to enable timely decision-making and implementation of governance decisions in the interests of Eurasian integration deepening. We compare the governance structures of the EAEU and the European Union (EU) using the author’s technique and through the lens of theories of neofunctionalism and intergovernmentalism elaborated with respect to the EU. We propose to determine a major driver of the integration process at this stage (the College of the Eurasian Economic Commission or the EAEU member states), to reduce the number of decision-making bodies within the current institutional structure of the EAEU, and to divide clearly authority and competence of remaining bodies to exclude legal controversies in the EAEU.

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.

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.

scholarly journals La peculiare costituzione dell'Unione Europea

2013 ◽  
Author(s):  
John Erik Fossum ◽  
Agustin José Menendez
Keyword(s):  
Decision Making ◽  
European Union ◽  
Institutional Structure ◽  
Constitutional Reform ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Distinctive Features

A unique political animal, the European Union has given rise to important constitutional conundrums and paradoxes that John Erik Fossum and Agustín José Menéndez explore in detail in this book. The authors consider the process of forging the EU's constitution and the set of fundamental norms that define the institutional structure, the decision-making procedures, and the foundations of the Union's democratic legitimacy. Their analysis illuminates the distinctive features of the EU's pluralist constitutional construct but also the interesting parallels to the Canadian constitutional experience and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform.

A Crise na União Europeia e os Impactos nos Princípios Fundamentais do Trabalho Diante da Flexibilização de Direitos pelos Estados-Membros em Contrariedade aos Preceitos do Direito Comunitário

2021 ◽  
Vol 12 (12) ◽  
pp. 343-356
Author(s):  
Andréa Arruda VAZ ◽  
Marco Antônio Lima Berberi ◽  
Tais Martins
Keyword(s):  
European Union ◽  
International Law ◽  
Human Person ◽  
Working Hours ◽  
Point Of View ◽  
Retirement Age ◽  
The European Union ◽  
Labour Law ◽  
The Face ◽  
European Community Law

The research presents in a practical way the impacts of the crisis of 2008 and following years in Europe and the action of the economic block, to mitigate the crisis through austerity measures, which last to date. The search for a solution to the crisis that has plagued the European Union, the possible conflict with unavailable rights and the imposed need for flexibilization of rights, especially in labour law, deserves debate. The measures put forward by the member countries of the European Union to solve the economic crisis are also partly linked to the idea of the suppression of rights. For example, we mention the reduction of working hours, an increase in the retirement age, among other fundamental precepts inherent to the dignity of the human person, which have been made more flexible during the crisis. This article discuss the legality of these flexibilities in the face of the protection of fundamental human rights and European Community law, from the point of view of international law, of the Convention OIT, ONU, which have been ratified by the various countries of Europe. Over the years, the European Union has been going through a series of crises and consequent precarious labour law, one of the most recent and relevant, the UNITED KINGDOM’s withdrawal from the European Union through so-called Brexit.

Change for Entrepreneurial Chances?

2013 ◽  
pp. 28-39
Author(s):  
Ina Kayser
Keyword(s):  
European Union ◽  
Public Services ◽  
External Factors ◽  
Electronic Government ◽  
The European Union ◽  
Entrepreneurial Opportunity ◽  
Political Factors ◽  
Scenario Analyses ◽  
Market Needs ◽  
Electronic Implementation

Electronic government provides multifarious opportunities for entrepreneurs regarding public-private sector partnerships and the exploitation of administrative benefits. The occurrence of entrepreneurial opportunities is influenced by many distinct intrinsic and external factors. This paper examines the opportunities that occur for entrepreneurs through the electronic implementation of public services across the European Union until the years 2020 and 2040, respectively. The development of the European Union is currently at the crossroads of economic and political stagnation. Building on two scenario analyses, the author thereby accounts for economic and political factors of different possible trajectories of the European Union, analyzing the corresponding state of e-government implementation and deducing implications for entrepreneurial opportunity occurrence. All scenarios show different opportunities emerging from the distinct states of e-government across Europe; these opportunities depend, nonetheless, on the specific market needs and value creation capabilities determined by each scenario presented.

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