scholarly journals Adaptation of the social legislation of Ukraine to the EU legislation: the issue of regulatory and organizational support

Author(s):  
L. Yu. Maliuha
2018 ◽  
Vol 18 (2-3) ◽  
pp. 163-192 ◽  
Author(s):  
Sara Benedi Lahuerta ◽  
Ania Zbyszewska

This article discusses the evolution of European Union (EU) legislation and policymaking methods during the 10 years since the onset of the financial and economic crisis in 2007/2008. In the EU, this period has been characterized by politics of stimulus, austerity, and recovery. Against the backdrop of longer term developments in equality law, we consider how the crisis context influenced this field’s evolution. Through the analysis of a range of legislative and policy proposals, we show that the progressive softening or hybridization of equality law over this period has gone hand in hand with the stronger articulation of equality objectives in terms of a “business case.” While this approach appears to have enabled the proliferation of policy and legal instruments and expanded the reach of equality law into areas where the EU has limited competence to legislate, it has also elevated instrumental economic goals for action at expense of human rights or social rationales. This longer term tendency is also present in the recently adopted European Pillar of Social Rights, and the accompanying policy documentation, which have been hailed as carrying potential to infuse more coherence and to rebalance the social and economic rationales that the EU integration project has unevenly promoted over the years. Mindful that it is still too early for conclusive judgments, we suggest, however, that the transformative possibilities the Pillar carries are likely to be undermined by its soft and economically oriented thrust.


2019 ◽  
Vol 28 (1) ◽  
pp. 25
Author(s):  
Anna Fermus-Bobowiec

<p>Reserved contracts are a legal instrument that allows the promotion of those economic operators who, as part of their business, pursue also social goals. Pursuant to Article 22 (2) of the Act of 29 January 2004 – Public Procurement Law (Journal of Laws 2018, item 1986 as amended), they may only be applied for by sheltered workshops and other economic operators whose activities include the social and professional integration of members of socially marginalised groups. Unfortunately, the use of reserved contracts is in practice marginal, which is also caused by difficulties in interpretation of national laws. The article discusses the institution of reserved contracts and the terms of application thereof, in the context of the EU legislation.</p>


Author(s):  
Susanne K. Schmidt

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.


Author(s):  
Frank Vandenbroucke

This contribution argues for a truly reciprocal social investment pact for Europe: member states should be committed to policies that respond to the need for social investment; simultaneously, member states’ efforts in this direction—notably efforts by those in a difficult budgetary context—should be supported in a tangible way. Social investment is a policy perspective that should be based on a broad consensus between people who may entertain certain disagreements regarding the level of their empirical and/or normative understanding of the social world. For that reason, the expression of an ‘overlapping consensus’ is used for delineating social investment advocacy. Data on education spending show that we are far removed from a social investment perspective at the European Union (EU) level. This underscores the fact that social investment advocates need to clearly consider the role the EU has to play in social investment progress.


2021 ◽  
pp. 0143831X2110303
Author(s):  
Louis Florin ◽  
François Pichault

The emergence of dependent contractors challenges the existing institutions regarding social protection and labour regulation. This article aims at identifying the political narratives that explain the emergence of New Forms of Employment (NFE) and dependent contracting along with the policy solutions proposed by the social partners at the EU and international level. By analysing policy documents from the social partners through the lens of a qualitative version of the Narrative Policy Framework (NPF), the authors indentify two distinct narratives – ‘devaluation of work’ and ‘entrepreneurship and flexibility’. The authors show how these rationales lead to various policy solutions and identify oppositions and possible compromise.


2021 ◽  
Vol 4 (1) ◽  
pp. 83-100
Author(s):  
Andraž Teršek

Abstract The central objective of the post-socialist European countries which are also Member States of the EU and Council of Europe, as proclaimed and enshrined in their constitutions before their official independence, is the establishment of a democracy based on the rule of law and effective legal protection of fundamental human rights and freedoms. In this article the author explains what, in his opinion, is the main problem and why these goals are still not sufficiently achieved: the ruthless simplification of the understanding of the social function and functioning of constitutional courts, which is narrow, rigid and holistically focused primarily or exclusively on the question of whether the judges of these courts are “left or right” in purely daily-political sense, and consequently, whether constitutional court decisions are taken (described, understood) as either “left or right” in purely and shallow daily-party-political sense/manner. With nothing else between and no other foundation. The author describes such rhetoric, this kind of superficial labeling/marking, such an approach towards constitutional law-making as a matter of unbearable and unthinking simplicity, and introduces the term A Populist Monster. The reasons that have led to the problem of this kind of populism and its devastating effects on the quality and development of constitutional democracy and the rule of law are analyzed clearly and critically.


2021 ◽  
Vol 13 (4) ◽  
pp. 2261
Author(s):  
David Langlet ◽  
Aron Westholm

In the last 20 years, the EU has adopted some rather ambitious pieces of legislation with the aim to achieve a good environmental status in freshwater and marine ecosystems. Both the Water Framework Directive (WFD) and the Marine Strategy Framework Directive (MSFD) have a strong focus on the natural environment and biological criteria for assessing the status of the relevant ecosystems. In the same time period, much research on environmental governance has focused on the interconnectedness of social systems and ecosystems, so-called social-ecological systems (SES). While having high aspirations, the legal frameworks underpinning current EU water and marine management do not necessarily reflect the advances of contemporary science relating to SES. Using the geographical intersection of the two directives, i.e., coastal waters as a focal point, the paper explores the inchoate integration of social and ecological perspectives in the EU marine governance. What are the main challenges for the current EU legal regimes for managing coastal waters in a way that builds on the understanding of social and ecological systems as interconnected? Having explored the two directives, the paper introduces the possibility of using marine spatial planning (MSP), and the EU directive establishing a framework for maritime spatial planning (MSPD) as a bridge between the social and ecological dimensions and discusses what implications this would have for the current system for governing coastal waters in Europe.


2021 ◽  
Vol 13 (3) ◽  
pp. 1062
Author(s):  
Yoan Molinero-Gerbeau ◽  
Ana López-Sala ◽  
Monica Șerban

Since the beginning of the 21st century, Romanian migrants have become one of the most significant national groups doing agricultural work in Spain, initially coming via a temporary migration program and later under several different modalities. However, despite their critical importance for the functioning of Europe’s largest agro-industry, the study of this long-term circular mobility is still underdeveloped in migration and agriculture literature. Thanks to extensive fieldwork carried out in the provinces of Huelva and Lleida in Spain and in the counties of Teleorman and Buzău in Romania, this paper has two main objectives: first, to identify some of the most common forms of mobility of these migrants; and second, to discuss whether this industrial agriculture, hugely dependent on migrant work, is socially sustainable. The case of Romanian migrants in Spanish agriculture will serve to show how a critical sector for the EU and for the 2030 Agenda for Sustainable Development of the United Nations, operates on an unsustainable model based on precariousness and exploitation.


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