scholarly journals Special aspects of legal regulation of fixed-term employment contracts of some European countries

2020 ◽  
pp. 286-290
Author(s):  
Sergiy Savchuk
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Action Plan ◽  
Legal Regulation ◽  
The European Union ◽  
Employment Contracts ◽  
Common Features ◽  
The United Kingdom ◽  
Labour Legislation ◽  
Energy Community

The article is devoted to the study of foreign experience in legal regulation of fixed-term employment contracts. Fixed-termemployment contracts should be considered as one of the earliest and, accordingly, the oldest forms of non-standard employment. Tur -ning to the concept of the application of fixed-term employment contracts in Ukraine in the near future, it seems appropriate to consider the possibility of their further development through the prism of studying European experience. Indeed, in many European countriesthe fixed-term contracts are quite common and therefore analysis of both positive and negative examples of their legal regulation willbe useful for the future development of labour legislation in Ukraine.The article features an analysis of the relevant legislation of the United Kingdom, Estonia, Italy, Poland and France. It is concludedthat the membership of these states in the European Union has had a significant impact on the evolution of national labour le -gislation. This also applies to the United Kingdom, which had been part of this economic and political union for a long time.The transposition of EU legislation into national law by these countries predetermines the existence of common features betweenthem in the legal regulation of fixed-term employment contracts. This common features include: clear time limits of the employmentcontract, maximum allowable number of renewals enshrined in law, compliance with the principle of non-discrimination, etc.In turn, the implementation of fixed-term employment relationships in each country differs in its uniqueness, which is due to thedomestic tradition of their implementation. For example, in the United Kingdom, the dismissal of an employee due to the expiration ofthe employment contract is considered through the lens of fairness of the employer’s actions, while in Italy the number of fixed-termemployment contracts with a particular employer cannot exceed 30 %.The above circumstances should be taken into account by Ukraine when reforming labour legislation. Indeed, the need to implementCouncil Directive 1999/70/EC is clearly provided for in clauses 1139 and 1140 of the Action Plan for the implementation of theAssociation Agreement between Ukraine, on the one hand, and the European Union, the European Atomic Energy Community and theirmember states, on the other hand, approved by Resolution of the Cabinet of Ministers of Ukraine No. 1106, of 25.10.2017.

Euratom and Brexit: Could the United Kingdom Maintain One Foot in the European Union? Current Scenarios and Future Prospects of British withdrawal from the EAEC

2018 ◽  
Vol 18 (2) ◽  
pp. 134-151
Author(s):  
Andrea Circolo ◽  
Ondrej Hamuľák
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Independent Solution ◽  
Legal Regulation ◽  
The European Union ◽  
The United Kingdom ◽  
The Status ◽  
Long Time ◽  
Energy Community ◽  
The Impact

Abstract The paper focuses on the very topical issue of conclusion of the membership of the State, namely the United Kingdom, in European integration structures. The ques­tion of termination of membership in European Communities and European Union has not been tackled for a long time in the sources of European law. With the adop­tion of the Treaty of Lisbon (2009), the institute of 'unilateral' withdrawal was intro­duced. It´s worth to say that exit clause was intended as symbolic in its nature, in fact underlining the status of Member States as sovereign entities. That is why this institute is very general and the legal regulation of the exercise of withdrawal contains many gaps. One of them is a question of absolute or relative nature of exiting from integration structures. Today’s “exit clause” (Art. 50 of Treaty on European Union) regulates only the termination of membership in the European Union and is silent on the impact of such a step on membership in the European Atomic Energy Community. The presented paper offers an analysis of different variations of the interpretation and solution of the problem. It´s based on the independent solution thesis and therefore rejects an automa­tism approach. The paper and topic is important and original especially because in the multitude of scholarly writings devoted to Brexit questions, vast majority of them deals with institutional questions, the interpretation of Art. 50 of Treaty on European Union; the constitutional matters at national UK level; future relation between EU and UK and political bargaining behind such as all that. The question of impact on withdrawal on Euratom membership is somehow underrepresented. Present paper attempts to fill this gap and accelerate the scholarly debate on this matter globally, because all consequences of Brexit already have and will definitely give rise to more world-wide effects.

scholarly journals The European Union and the United Kingdom: New Legal Framework for Cooperation

Legal Concept ◽  
2021 ◽  
pp. 176-183
Author(s):  
Dmitry Galushko ◽  
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Legal Framework ◽  
Legal Regulation ◽  
Negotiation Process ◽  
The European Union ◽  
The United Kingdom ◽  
The Future ◽  
The Uk ◽  
The Eu

Introduction: the paper analyzes the main stages of the negotiation process between the European Union and the United Kingdom on the issue of concluding a basic agreement regulating the future relations of the two parties in various areas of cooperation. The purpose of the study is to study and analyze the political and legal aspects of the negotiation process for the conclusion of the EU-UK Trade and Cooperation Agreement, the content of its main provisions, and the impact on the future framework of relations between the parties. Methods: in the course of the study, both general scientific methods of cognition and private legal methods (formal-legal, historicallegal) were used. Results: the paper proves that, despite all the difficulties that arose during the negotiation process throughout 2020, the parties managed to overcome numerous differences and conclude a basic agreement that outlined the future framework of relations between the EU and the UK. Conclusions: the analysis showed that the Agreement on Trade and Cooperation between the EU and the UK is unlikely to be the endpoint of the Brexit process. Although the Agreement establishes a framework for interaction on many issues, however, the parties are expected to continue to review and adjust the legal framework of the relationship, since, on the one hand, it is possible to supplement the Agreement on Trade and Cooperation with other treaties to regulate other areas of crucial importance for the parties that are not covered by the document, and on the other hand, also concerning some issues that, although settled, will soon require additional legal regulation, which indicates that the historic Brexit process is far from complete.

Brexit and the Myth of Grandeur

2020 ◽  
Author(s):  
Alma-Pierre Bonnet
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Political Rhetoric ◽  
The European Union ◽  
Metaphor Analysis ◽  
European Project ◽  
The United Kingdom ◽  
Fertile Ground ◽  
Critical Metaphor Analysis ◽  
Political Ground

The decision by the United Kingdom to leave the European Union came as a shock to many. A key player during the referendum campaign was the Vote Leave organisation which managed to convince people that they would be better off outside the European project. Their success was made all the easier as Euroscepticism had been running deep in the country for decades. It is on this fertile ground that Vote Leavers drew to persuade people of the necessity to leave. Using critical metaphor analysis, this paper examines the way Vote Leavers won the argument by developing three political myths, which, once combined, conjured up the notion of British grandeur. Drawing on Jonathan Charteris-Black’s seminal works on the relation between metaphors and the creation of political myths in political rhetoric, this paper posits that the Brexit debate was not won solely on political ground and that the manipulative power of metaphors may have also been a key element. This might explain the current political deadlock, as political solutions might not provide the answers to the questions raised during the campaign.

scholarly journals O Reino Unido e a Europa integrada, crônica de um matrimônio estranho | The United Kingdom and integrated Europe: chronicle of an odd marriage

2016 ◽  
Vol 6 (2) ◽  
pp. 140-154
Author(s):  
João Gualberto Marques Porto Júnior
Keyword(s):  
European Union ◽  
United Kingdom ◽  
European Integration ◽  
The European Union ◽  
Charles De Gaulle ◽  
Margaret Thatcher ◽  
The United Kingdom ◽  
The Sixties ◽  
Natural Outcome ◽  
De Gaulle

A relação entre o Reino Unido e os países do continente foi marcada ao longo da história por diversos desencontros e disputas. Não foram poucas as guerras travadas entre os britânicos e outras nações europeias. A própria integração europeia inicia-se sem o Reino Unido que apenas na década de 1960 decidiu integrar as comunidades, sendo durante anos impedido pela Franca de Charles de Gaulle. A adesão tardia em 1973 não minimizou as diferenças, tendo novamente havido tensões na década seguinte durante a gestão Margaret Thatcher. As diferenças do casal estranho continuaram após a criação da União Europeia em 1992 e tiveram na decisão do Brexit apenas o desfecho de uma relação distante e tumultuada.ABSTRACTThe relation between the United Kingdom and the countries from "the continent” has been characterized by several disputes and differences along history. A large number of wars were fought between the British and other European nations. Even the European integration started without the United Kingdom, that only decided to take part in the communities in the sixties, being, however, blocked by de Gaulle’s France. Britain’s late accession to the European Communities in 1973 did not reduce the differences with its European neighbors and several tensions emerged during Margaret Thatcher’s government during the eighties. The differences between the odd couple continued after the creation of the European Union in 1992 and the “Brexit” simply represents the natural outcome of a distant and tumultuous relationship.Palavras-chave: Integração europeia, Reino Unido, BrexitKeywords: European integration, United Kingdom, BrexitDOI: 10.12957/rmi.2015.24641Recebido em 08 de Julho de 2016 / Received on July 8, 2016.

Sign in / Sign up

Export Citation Format

Share Document