Influence of EU law on Collective Labour Law in Poland (Institutions at the National Level)

2017 ◽  
Vol 71 (0) ◽  
pp. 0-0
Author(s):  
Łukasz Pisarczyk
Keyword(s):  
Trade Unions ◽  
Industrial Relations ◽  
National Level ◽  
Eu Law ◽  
Labour Law ◽  
Eu Legislation ◽  
Collective Representation ◽  
European Standards ◽  
Polish Law ◽  
The Eu

Although the competences of the EU in the field of industrial relations are limited, European standards concerning collective labour law have significantly affected domestic legal systems, including Polish law. EU legislation forced a reconstruction of a model of collective representation of employee interests. Polish law shifted from single- to double-channel representation with trade unions and employee councils (involved in information and consultation procedures). Under the influence of EU law the Polish legislator has established a number of collective procedures aimed at the protection of employee interests (e.g. collective redundancies, transfer of undertaking). As a rule, they reflect basic protective standards determined at the European level. There are, however, some lesser problems that weaken the effect intended by EU legislation. Nonetheless, implementation of European standards has contributed to the development of industrial relations and protection of workers.

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada
Keyword(s):  
Waste Water Treatment ◽  
National Level ◽  
State Level ◽  
Detailed Examination ◽  
Deterrent Effect ◽  
Eu Law ◽  
Wide Range ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

scholarly journals European Integration as a Determinant Factor of Macedonian National Identity

2021 ◽  
Vol 101 (1) ◽  
pp. 209-218
Author(s):  
Anastasia Salavatova ◽  
Keyword(s):  
National Identity ◽  
National Level ◽  
External Pressure ◽  
National Narrative ◽  
Basic Principles ◽  
European Standards ◽  
European Periphery ◽  
Determinant Factor ◽  
The Eu

The concept of the EU normative power implies transformation challenges which project norms on the national level of European periphery. The research aims to assess extent the EU requirements contradict the Macedonian national identity and determine changes that either are perceived as imposed or reflect implicit European norms. Depending on the level of the EU engagement europeanization of national identity takes different forms ranging from institutional changes with the European mediators’ assistance (conflict settlement, the name issue) to the search of alternative national legitimation models apart from socialist Yugoslavia. Conditionality of explicit requirements that refer to disputes with neighbouring countries is integrated into national narrative in the form of sacrifice, which still is perceived as external pressure. Implicit norms like decommunization are more difficult to identify but imply a long-term deconstruction of national identity. Such deconstruction could provide not just prospects for the future of the Macedonian nation and state but allows to select and describe implicit European norms that are disseminated into the periphery. The article outlines conditionality between European standards and requirements and transformations in basic principles of Macedonian national identity.

scholarly journals Trade Union Practices in the EU and Latvia: Experience for Eastern Partnership Countries

2014 ◽  
Vol 4 (2) ◽  
pp. 99-118
Author(s):  
Sergejs Stacenko ◽  
Biruta Sloka
Keyword(s):  
Public Sector ◽  
Trade Union ◽  
Trade Unions ◽  
Industrial Relations ◽  
Comparative Approach ◽  
Eastern Partnership ◽  
The Public ◽  
Social Dialogue ◽  
Eastern Partnership Countries ◽  
The Eu

AbstractThe article will show major dimensions in the experience of EU Member States that could be shared with the Eastern Partnership (EaP) countries. The framework of the study is the EU concept of trade unions in social dialogue and social partnership in the public sector. This study outlines the concept of social dialogue as a core element of industrial relations and will focus on industrial relations specifically in the public sector. The authors have elaborated the approach to industrial relations and social dialogue taking into account comparative approach to definitions provided by international institutions such as ILO and OECD, as well as institutions in the EU and Latvia. Latvia is also a case study for Eastern Partnership countries as these countries and their trade unions are in a transition period from socialist structures to structures that possess liberal economies. Trade unions in these countries are members of the International Trade Union Confederation. The major transformation that trade unions underwent from being part of the socialist system and becoming an independent institution since Latvia regained independence in 1991 has been studied. The paper discusses the current developments related to the position of Latvian Free Trade Union Federation in the system of decision-making process related to the public administration management. Finally, the prospective role of trade unions in the EU and in Latvia is analysed and possible revitalisation of trade union is discussed. This approach could be applied to the Eastern Partners of the EU.

scholarly journals Polish “Entrepreneur” and EU “Undertaking”: Multilingualism and Differences in Legal Identification

2017 ◽  
Vol 52 (1) ◽  
pp. 57-71
Author(s):  
Maciej Etel
Keyword(s):  
European Union ◽  
Member State ◽  
Precise Determination ◽  
Eu Law ◽  
The European Union ◽  
Economic Sphere ◽  
Polish Law ◽  
Legal Identification ◽  
The Eu

Abstract The European Union and its member-states’ involvement in the economic sphere, manifesting itself in establishing the rules of entrepreneurs’ functioning – their responsibilities and entitlements – requires a precise determination of the addressees of these standards. Proper identification of an entrepreneur is a condition of proper legislation, interpretation, application, control and execution of the law. In this context it is surprising that understanding the term entrepreneur in Polish law and in EU law is not the same, and divergences and differences in identification are fundamental. This fact formed the objective of this article. It is aimed at pointing at key differences in the identification of an entrepreneur between Polish and EU law, explaining the reasons for different concepts, and also the answer to the question: May Poland, as an EU member-state, identify the entrepreneur in a different way than the EU?

scholarly journals Reflexive law and the reformulation of EC-level employee consultation norms in the British systems of labour law and industrial relations

2009 ◽  
Vol 5 (4) ◽  
pp. 393-416 ◽  
Author(s):  
Aristea Koukiadaki
Keyword(s):  
European Community ◽  
Trade Unions ◽  
General Framework ◽  
Social Systems ◽  
Industrial Relations ◽  
Labour Law ◽  
Enforcement Mechanism ◽  
Employee Representation ◽  
Legal Obligations ◽  
Ec Law

The 2002/14/EC Directive establishing a general framework for informing and consulting employees in the European Community allowed considerable flexibility in transposition and implementation. Viewing – in line with reflexive law theory – the Directive as a key tool in allowing EC law to become embedded in the national legal and industrial relations systems, the paper assesses its transposition and impact in Britain. The very flexibility of the Directive made it possible for the British social systems to respond in an innovative way to the changing forms of employee representation. But the relative weakness of the regulatory design of the transposing legislation with regard to the nature of the legal obligations, the enforcement mechanism and the degree to which legal resources could be utilised by trade unions constrained the re-configuration of labour law and its coupling to employee representation arrangements traditionally associated with the British industrial relations system.

scholarly journals La tutela judicial de los derechos fundamentales en el ámbito de aplicación nacional del derecho de la Unión Europea : recientes acotaciones del Tribunal de Justicia y del Tribunal ConstitucionalEspañol = The judicial protection of fundamental rights in the sphere of the national application of EU law : recent remarks by the Court of Justice and by the Spanish Constitutional Court

2013 ◽  
pp. 391
Author(s):  
Juan Ignacio Ugartemendia Eceizabarrena
Keyword(s):  
National Level ◽  
Fundamental Rights ◽  
National Standards ◽  
Constitutional Court ◽  
Eu Law ◽  
Court Of Justice ◽  
European Court ◽  
El Sistema ◽  
Judicial Protection ◽  
The Eu

Este artículo es un estudio relativo a la tutela judicial de los Derechos Fundamentales cuando se aplica Derecho de la Unión en el ámbito interno, y a cuáles son los principales problemas con los que se topa el Juez nacional que aplica el Derecho de la Unión al llevar a cabo dicha función protectora. El trabajo, dicho de forma más concreta, se centra en el examen de una serie de recientes y decisivas resoluciones jurisdiccionales, dictadas tanto por parte del Tribunal de Justicia de la Unión Europea como por parte del Tribunal Constitucional Español, que analizan problemas y señalan soluciones relativas a esas cuestiones, además de mostrar cuál es la evolución y el estado de la situación al respecto. Se trata de resoluciones que abordan cuestiones de fondo, como, por ejemplo: ¿hasta qué punto es posible utilizar estándares nacionales de protección de los Derechos Fundamentales en situaciones conectadas con el Derecho de la Unión o con su aplicación, en lugar de utilizar el sistema de protección de los Derechos Fundamentales de la Unión Europea? Y asimismo, resoluciones que atienden a cuestiones de dimensión más procesal como la de dirimir hasta qué punto tiene autonomía el Juez nacional a la hora de plantear una petición prejudicial (se entiende a la hora de tutelar derechos reconocidos por normas de la Unión) en relación a las normas procesales nacionales.This article deals with the judicial protection of fundamental rights when EU Law is applied at national level and the main problems national judges have to deal with when applying EU Law as protectors of rights. More precisely, the work is focused on the examination of some recent and decisive judicial decisions, both by the European Court of Justice and by the Spanish Constitutional Court which analyze the problems and address the solutions to those questions besides showing the evolution and current situation in that regard. They are decisions that deal with the merits as for example to which extent it might be possible to use national standards of protection of fundamental rights in situations connected to EU Law or to its application instead of using the system of protection of EU human rights. Likewise, they are decisions which handle with more procedural questions as for example to what extent national judges are autonomous to file a preliminary question (it is understood that when it comes time to protect rights acknowledged by the EU) relative to national procedural rules.

The Danger of So-Called Regulatory ‘Gold-Plating’ in Transposition of EU Law – Lessons from Poland

2017 ◽  
Vol 71 (0) ◽  
pp. 73-90
Author(s):  
Michał Jabłoński
Keyword(s):  
Legal System ◽  
Eu Law ◽  
Interesting Aspect ◽  
Gold Plating ◽  
Member States ◽  
Regulatory Policies ◽  
Domestic Legislation ◽  
Polish Law ◽  
The Cost ◽  
The Eu

Ukraine, just like Poland over thirteen years ago, is on its route to integration with the EU, which would also require a transposition of EU law into the domestic legal system. In fact, the experience of Poland and other Member States shows that transposition of EU law gives rise to several issues. One interesting aspect concerns so-called gold-plating – that is domestic legislation than goes beyond the requirements set forth in EU law. Usually, it results in a greater regulatory burden imposed on entrepreneurs. The paper discusses three examples of such gold-plating regulations in Polish law – being a consequence of implementation of the EU law. Generally speaking, gold-plating is a negative and unwelcome phenomenon. There exists extensive research that shows the cost of gold-plating for the Member States’ economies. Some of the Member States have introduced regulatory policies in order to avoid gold-plating. The analysis shows that there are several actions that need to be performed to restrict the incidence of gold-plating.

Sámi’s Reindeer Husbandry and EU Legislation (beyond Finland and Sweden’s Accession Treaty)

2019 ◽  
Vol 10 (1) ◽  
pp. 21-40
Author(s):  
Enrico Albanesi
Keyword(s):  
International Law ◽  
Indigenous People ◽  
Indigenous Peoples ◽  
Natura 2000 ◽  
Eu Law ◽  
Reindeer Husbandry ◽  
Unanimous Vote ◽  
Eu Legislation ◽  
Domestic Legislation ◽  
The Eu

The 1995 Treaty concerning the accession of Finland and Sweden to the EU makes some express exceptions for their domestic legislation vis-à-vis EU legislation regarding some aspects of traditional reindeer husbandry carried out by the Sámi people. However, other fields in the EU law lack an express regulation concerning reindeer husbandry and this has led to much controversy. In Sweden, legislation on EU Natura 2000 areas identifies reindeer herders as stakeholders among many others, i.e. it does not as such address the Sámi as indigenous people. In Finland, the Act on Metsähallitus was amended in 2016 to be in compliance with EU trade laws; however, the new Act does not recognise any special status of the Sámi as indigenous people, giving rise to concerns especially with regards to reindeer husbandry. The extension of Protocol No 3 to the Accession Treaty to other matters by a unanimous vote of the Council could be a solution to protect Sámi’s reindeer husbandry vis-à-vis EU legislation. Simultaneously, EU legislation should be interpreted in the light of the relevant rules of international law concerning indigenous peoples.

scholarly journals National Security Concerns as an Exception to EU Standards on Data Protection

2021 ◽  
Vol 4 (2) ◽  
pp. 86-91
Author(s):  
Araceli Turmo
Keyword(s):  
National Level ◽  
Significant Risk ◽  
Personal Data ◽  
Fundamental Rights ◽  
Public Security ◽  
Eu Law ◽  
National Courts ◽  
Conflicting Interests ◽  
Security Concerns ◽  
The Eu

Discussions on the appropriate fundamental rights standards in the EU and the need to take into account conflicting interests are increasingly being reframed as debates on the conflict between the primacy of EU law and the constitutional standards of the Member States. One example of this reframing is the French administrative supreme court’s decision following the ECJ judgment in La Quadrature du Net. The Conseil ruled that the EU standards set in that judgment must be reviewed, at the national level, with regard to a national understanding of security concerns and the requirements of the fight against terrorism. Thus, constitutional requirements related to public security may be relied upon to argue for a lower standard of protection of personal data than those which the ECJ requires. As this decision shows, the ability of corporations and Governments to rely on litigation before national courts to challenge the standard of protection set at the EU level creates a significant risk, not only for the uniformity of EU law, but also for the protection of the rights of individuals. 

scholarly journals An approach to today’s EU constitutionality control – understanding this EU inter-jurisdictional phenomenon in light of effective judicial protection

2019 ◽  
Vol 3 (2) ◽  
pp. 104-124
Author(s):  
Joana Covelo de Abreu
Keyword(s):  
National Level ◽  
Fundamental Rights ◽  
Control Mechanisms ◽  
Eu Law ◽  
The European Union ◽  
Rights Protection ◽  
Court Of Justice ◽  
Constitutional Level ◽  
Judicial Protection ◽  
The Eu

Under today’s European constitutional demands, effective judicial protection sets the tone concerning potential jurisdictional instruments able to act as constitutionality control mechanisms. Inter-jurisdictionality stands for different and complementary jurisdictional systems living togetherin the same space and it aims to understand how their reflexive interactions can be maintained to promote effective judicial protection. Both the infringement procedure and the preliminary ruling act as constitutional controls. The first allows the Court of Justice of the European Union (CJEU) to evaluate the incompatibility of national solutions/omissions with EU law but, to meet its full effectiveness, widening legitimate parties needs to be considered as well. Also, validity preliminary rulings act as a constitutional control in proceedings relating to individuals – national judges should be aware of their referring obligations to the CJEU. There are voices amongst European academia that advocate a new constitutional procedure to promote fundamental rights’ protection. However, the main formulas highlighted rely on solutions tested on the national level which can compromise their efficacy. We perceive an inter-jurisdictional paradigm as the proper approach since it will allowthe promotion of effective judicial protection at a constitutional level as a new EU dogmatically thought phenomenon. This is to ensure judicial integration can be perceived as a reality, engaged in pursuing the future of the EU.

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