scholarly journals International legal regulation of non-standard forms of employment

2020 ◽  
pp. 522-532
Author(s):  
Savchuk Sergiy
Keyword(s):  
Legal Regulation ◽  
Temporary Employment ◽  
The European Union ◽  
Labour Law ◽  
Member States ◽  
Association Agreement ◽  
Labour Relations ◽  
Eu Member States ◽  
Eu Directives ◽  
International Instruments

The article is devoted to the research of international experiences in the area of regulation of non-standard forms of employment. Currently, the issues relating to labour rights are regulated by an entire system of international instruments, including the Charter of the United Nations (1945), the Universal Declaration of Human Rights (1948), the International Covenant on Economic, Social and Cultural Rights (1966), as well as Conventions and Recommendations of International Labour Organization. In addition, according to the Article 424 of Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part (2014), our country shall ensure gradual approximation to the EU law, standards and practices in the area of employment, social policy and equal opportunities. The article provides an analysis of ILO Conventions and Recommendations as well as EU Directives on issues of temporary employment, part-time work, on-call work, outstaffing and other multiparty labour relations; disguised labour relations and dependent self-employment. It pays special attention to reflect subcontractual relations in the provisions of international labour law. It is concluded that even though subcontractual relations cannot be directly covered by labour law, some ILO Conventions and EU Directives reflect them in their provisions. It draws conclusion that despite the fact that non-standard forms of employment emerged almost along with standard labour relations, the regulation of the former at the level of international instruments appeared only in the second half of the XXth - beginning of the XXIst centuries. At present, non-standard forms of employment are covered by international instruments only partially. At the same time, such coverage is not comprehensive nor focused specifically on non-standard employment. The provisions of the ILO and EU instruments are characterized by a harmonious co-relation regarding the regulation of non-standard forms of employment. This is due to the fact that many EU member states have ratified ILO Conventions addressing non-standard forms of employment.

Labour Immigration Policy in the European Union: How to Overcome the Tension between Further Europeanisation and the Protection of National Interests?

2020 ◽  
Vol 22 (2) ◽  
pp. 198-223
Author(s):  
Jean-Baptiste Farcy
Keyword(s):  
Immigration Policy ◽  
Added Value ◽  
The European Union ◽  
National Interests ◽  
Member States ◽  
Eu Member States ◽  
Labour Immigration ◽  
Eu Directives ◽  
The Eu

Abstract This article critically assesses EU harmonisation in the field of labour immigration. It argues that EU directives are limited both in scope and intensity which explains their relatively low effectiveness and added value. Given the current political and institutional context, the article claims that a truly common labour immigration policy is unrealistic. Labour immigration remains a predominantly national prerogative and EU rules have done little to overcome normative competition between EU Member States. Looking forward, the EU should adopt complementary measures to Member States’ policies. The role of the EU in this sensitive policy area should be better defined and justified, in particular in relation to the principle of subsidiarity.

scholarly journals The EU-Eastern Partnership Countries: Association Agreements and Transdisciplinarity in Studies, Training and Research

2014 ◽  
Vol 4 (2) ◽  
pp. 134-149
Author(s):  
Tatyana Muravska ◽  
Alexandre Berlin
Keyword(s):  
European Union ◽  
Comparative Approach ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
Eastern Partnership ◽  
Eu Member States ◽  
Eastern Partnership Countries ◽  
European Union Studies ◽  
The Eu

Abstract The European Union (EU) signed Association Agreements on 27 June 2014 with Georgia, the Republic of Moldova, and Ukraine. The Association Agreement (AA) is the EU’s main instrument to bring the countries in the Eastern Partnership (EaP) closer to EU standards and norms. For the citizens of the EaP countries to benefit from these agreements, a more in-depth knowledge of the EU and the EU Member States is required to be reflected in a comparative approach to European Union studies. We examine these implications on the need to expand and adapt, the content and approach to research and teaching European Union studies, with the transdisciplinary approach becoming increasingly dominant, becoming a modern tool for research in social sciences. This contribution aims to offer insight into the implementation of transdisciplinarity in the methodology of education and research as it is determined by current increasing global challenges. This approach should serve as a means of integrating a number of main goals as part of learning, teaching and research processes: strengthening employability of young people and preparing them for citizenship. We discuss the need for modernizing European studies in the EU Member States that could serve as an example for the EU Eastern Partnership countries. We conclude that the theoretical approach to European and related studies of other disciplines and their practical implications should always be transdisciplinary in nature and benefit from direct in-situ exposure and should be fully integrated in university curricula

scholarly journals Legal Foundations for Exporting Dual-Use Goods from the European Union

Lex Russica ◽  
2021 ◽  
pp. 44-56
Author(s):  
V. Yu. Slepak
Keyword(s):  
Legal Regulation ◽  
The European Union ◽  
Dual Use ◽  
Member States ◽  
National Regulation ◽  
Eu Member States ◽  
Legal Obligations ◽  
Council Regulation ◽  
The One ◽  
The Eu

The paper is devoted to the examination of the main aspects of the legal regulation of exporting dual-use goods in the EU under Council Regulation (EU) No. 428/2009 of 5 May 2009. The main objective of the instrument under consideration is to establish a system common for EU Member States to control effectively the export of dual-use goods in order to ensure compliance of EU member States with international obligations, especially with regard to the regime of non-proliferation of nuclear weapons. The author concludes that the current Regulation on export of dual-use goods is a logical extension and continuation of the EU instruments regulating arms trade with the third countries that pursues the same objectives, i.e. to implement the international legal obligations of the EU Member States assumed under multilateral control and non-proliferation regimes. Under the selected regulatory model, the EU failed to take the opportunity of replacing relevant national regulation; the Dual-Use Export Regulation defines a general framework, leaving it to Member States to take certain measures aimed at promoting an EU-wide approach. It is up to Member States to establish an appropriate control system for transactions, involving dual-use products, carried out by their nationals and legal entities. On the one hand, it allows the authorities of Member States, due to their proximity to economic entities, to take into account to a greater extent the characteristics of the national market. On the other hand, such a system leads to discrepancies in the practice of applying, in theory at least, uniform measures for the whole Union. Thus, even with the legal basis for independent and exclusive regulation of the export of dual-use products, the EU has faced with the unwillingness of Member States to adopt such restrictions and had to focus on coordinating the activities of Member States, leaving them with a considerable degree of independence and autonomy.

Europäisierung der Regulierungsbehörden im Energiesektor im Vergleich

2019 ◽  
Vol 52 (2) ◽  
pp. 203-238
Author(s):  
Johannes Socher
Keyword(s):  
Decisive Role ◽  
The United States ◽  
Energy Sector ◽  
Democratic Legitimacy ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Regulatory Authorities ◽  
Administrative Culture ◽  
Eu Directives

With Britain’s decision to leave the European Union, the question of the lasting legacy of a specific English administrative culture in the remaining member states arises. Although often treated as an import from the United States, this article argues that the British model of independent regulatory authorities is one of the most formative contributions to a common European administrative culture, forcing other EU member states to rethink fundamental ideas of democratic legitimacy. Taking national regulatory authorities in the energy sector as an example, this contribution shows how British approaches towards organisation and independence of these authorities played a decisive role in the drafting of the relevant EU directives. Consequently, only few changes in UK national legislation where necessary to comply, while in Germany major reforms were due, being the only member state in which no regulatory authority existed in the energy sector prior to the implementation of the EU directives. The analysis of these European requirements, the British influence on them, and the different ways of their implementation in the United Kingdom and Germany are the subject of this article.

State aid for employment and competitiveness of the European Union countries - a legal and finance approach

2020 ◽  
Author(s):  
Piotr PODSIADLO
Keyword(s):  
European Union ◽  
Legal Regulation ◽  
State Aid ◽  
Point Of View ◽  
The European Union ◽  
Member States ◽  
Competition Mechanism ◽  
Eu Member States ◽  
Per Capita ◽  
New Jobs

Due to the imperfect functioning of labour markets in certain cases, State aid may be an appropriate instrument for creating new jobs and preserving existing ones. Legal regulation of the issue of State aid is an element of the competition mechanism protection, which was recognized in the Treaty on the Functioning of the European Union (TFEU). This paper discusses guidelines for implementation of art. 107–109 of the TFEU, from the point of view of State aid for employment. Statistical analysis was carried out on State aid granted by EU Member States in the period 2001–2018 – from the perspective of its impact on competitiveness of these countries. This should lead to verify the thesis that the amount of State aid granted by EU Member States for employment should be positively correlated with the size of the GDP per capita of these countries.

The transposition of European law in EU member states: between process and politics

2010 ◽  
Vol 2 (3) ◽  
pp. 495-520 ◽  
Author(s):  
Bernard Steunenberg ◽  
Mark Rhinard
Keyword(s):  
European Union ◽  
Research Agenda ◽  
Focal Point ◽  
European Law ◽  
The European Union ◽  
Critical Stage ◽  
Member States ◽  
Explanatory Variables ◽  
Eu Member States ◽  
Eu Directives

This paper illuminates a critical stage of the implementation of European law: the transposition of European Union (EU) directives. Directives must be transposed into national policies in order to give effect to European law, yet most national authorities experience considerable transposition difficulties. For this reason, the study of transposition has become a focal point within the broader research agenda on non-compliance in the European Union. Highlighting several popular explanatory variables but noting the sometimes contradictory results that follow from empirical testing, this paper outlines an approach that views transposition as a process taking place largely within ministerial agencies rather than across government systems. By using variables related to these domestic processes in our empirical analysis, the paper shows how such an approach can help to explain the way in which member states transpose EU directives.

scholarly journals Regulatory and Legal Enforcement of Cyber Security in Countries of the European Union: The Experience of Germany and France

Teisė ◽  
2021 ◽  
Vol 121 ◽  
pp. 135-147
Author(s):  
Sviatoslav Kavyn ◽  
Ivan Bratsuk ◽  
Anatoliy Lytvynenko
Keyword(s):  
European Union ◽  
Information Security ◽  
National Security ◽  
Legal Regulation ◽  
Vector System ◽  
The European Union ◽  
Member States ◽  
National Legislation ◽  
Eu Member States ◽  
The Eu

This article is devoted to the study of information security in the EU member states, in particular Germany and France, in the context of the analysis of their national legislation, state, national programs and regulations. Particular attention is paid to the study of the features of regulatory and legal security of information security of Germany and France in the context of the study of their national legislation in terms of economic security as an inherent component of national security. In the course of this study the peculiarities of the functioning of the institutional and legal mechanism of cyber defense in the context of the multi-vector system of international security and legal regulation of international cooperation are analyzed. The article substantiates the expediency of developing an integrated, coordinated information policy of the EU member states in order to unify approaches to information security.At the same time, the current realities of European Union policy require comprehensive research in the context of ensuring national interests, developing effective mechanisms for protecting the information space, and legal mechanisms for shaping the economic system as a strategic factor of national security. Accordingly, the approaches to information security adopted in the European Union are currently not unified due to the geopolitical specifics of the EU’s countries. Therefore, the research, evaluation, and implementation of the positive experience of Germany and France in this area, according to the authors, is important in building the information security system of the European Union in the context of reliable protection against cyber threats.

scholarly journals The Main Problems in the Relations Between the European Union and Turkey

2021 ◽  
Vol 25 (2) ◽  
pp. 153-169
Author(s):  
Guranda Chelidze ◽  
◽  
Elisabed Machitidze ◽  
Keyword(s):  
Political Institutions ◽  
Regional Security ◽  
The European Union ◽  
Member States ◽  
Association Agreement ◽  
Eu Member States ◽  
Eu Membership ◽  
Recent Developments ◽  
Economic Developments ◽  
The Eu

This paper depicts the dynamics of the EU-Turkey relations beginning from the signing of the association agreement, i.e. the Ankara contract, to date. In addition, it aims to specify the factors preventing the bilateral collaboration and achievement of EU membership as aspired to by Ankara. The paper focuses on both the internal and international problems arising on Turkey’s path to EU membership, namely, the westernisation trend originating from Kemal Ataturk times, recent developments in Turkey, the democratisation of political institutions, the rule of law and protection of human rights, regional security, Turkey’s part in the refugee crisis, visafree travel, Greek-Turkey relationships, Ankara’s stance towards Cyprus, the Kurdish problem, and the Turkey-US and Turkey-Russia relationships. The authors discuss the EU Member States’ attitude towards the political and socio-economic developments in Turkey and the way Ankara looks at the requirements put forward by those Member States. We suggest several methods of rapprochement and brighter bilateral prospects.

scholarly journals LEGAL REGULATION OF LEGAL LIABILITY OF CIVIL SERVANTS IN THE EU MEMBER STATES

Social Law ◽  
2019 ◽  
pp. 52-57
Author(s):  
A. Korotkih
Keyword(s):  
Public Service ◽  
Legal Liability ◽  
Legal Regulation ◽  
Civil Servants ◽  
Individual Member ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Service Legislation ◽  
The Eu

The article deals with the disclosure in general of the features of the legal regulation of the legal liability of civil servants in individual Member States of the European Union, namely in France, Italy, Spain and Romania. Attention is drawn to the fact that in the states under consideration, the civil liability of civil servants is regulated: at the same time by general (labor) and special (on public service) legislation; exclusively by administrative and civil law, namely in the states in which the relevant subjects are not traditionally regarded as subjects of labor law. In the conclusions, the author formulates the final thought about the prospect of Ukraine's borrowing from the experience of regulating the legal liability of civil servants in the EU Member States.

scholarly journals Positioning of the concept of corporate restructuring in the EU member-states and its approval by the auditor

2021 ◽  
pp. 131-151
Author(s):  
Olga Nikolaevna Sinkina
Keyword(s):  
European Commission ◽  
Legal Regulation ◽  
Corporate Management ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Current State ◽  
The Subject ◽  
Definition Of ◽  
The Eu

The object of this research is the concept of restructuring, which in the conditions of crisis in the European Union is positioned as an instrument for its overcoming and the procedure for its verification by the auditor. The subject of this research is a range of question associated on the peculiarities of positioning of the concept of restructuring in the EU. The article analyzes the criteria for insolvency and tests for the presence of the signs of insolvency according to the national legislation of the EU jurisdiction based on the typical crisis process. The author introduces the definition of the concept of restructuring, its framework and elements. The recommendations of the European Commission on overcoming crisis situations and insolvency of companies are provided; the principles of preventive concept of restructuring are analyzed; the auditor’s procedures pertaining to the concept of restructuring are formulated. The research methodology relies on the fundamental provisions presented in the works of foreign scholars. The main conclusions are as follows: the responsibility of the corporate management in a number of EU member-states includes verification of compliance with the established criteria of insolvency on the regular basis; for this, it is necessary to submit the report to regulatory authorities on the current state of the company and decision on overcoming the crisis, usually in the form of the concept of restructuring approved by the auditor. The scientific novelty of this research consists in: 1) generalization of legal regulation of the criteria of insolvency in the EU member-states, tests for the presence of the signs of insolvency, responsibility of corporate management, outline of the restructuring plan; 2) positioning of the concept of restructuring, formulation of definition of the concept of restructuring, its framework and elements; 3) analysis of the principles of the preventive concept of restructuring of the European Commission; 4) development of audit procedures concerning the concept of restructuring.

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