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.

Integracja w dezintegracji i dezintegracja w integracji: determinanty mechanizmów integracyjnych w Unii Europejskiej

2018 ◽  
pp. 10-37
Author(s):  
Barbara Curyło
Keyword(s):  
European Union ◽  
The European Union ◽  
Top Down ◽  
Modus Operandi ◽  
Bottom Up ◽  
Differentiated Integration ◽  
Integration Mechanisms ◽  
Strategic Issue ◽  
Definition Of ◽  
The Eu

In the discussion on the future of the EU, the topic of differentiated integration has become a strategic issue, with different variants beginning to appear as modus operandi of the European Union, which has become a subject of controversy among Member States. Significantly, the debate on differentiated integration began to be accompanied by reflections on disintegration. This article attempts to define disintegration on the assumption that it should be defined through the prism of integration, and that such a defining process can not be limited to concluding a one-way contrast between disintegration versus integration and vice versa. This is due to the assumption that the European Union is a dichotomous construct in which integration and disintegration mutually exclude and complement each other. This dichotomy is most evident in the definition of integration and disintegration through the prism of Europeanisation top-down and bottom-up processes that generate, reveal, visualize, stimulate integration mechanisms what allows to diagnose their determinants.

scholarly journals Characteristics of Models of Farms in the European Union

2021 ◽  
Vol 13 (9) ◽  
pp. 4772
Author(s):  
Hanna Klikocka ◽  
Aneta Zakrzewska ◽  
Piotr Chojnacki
Keyword(s):  
European Union ◽  
Minimum Wage ◽  
Large Scale ◽  
The European Union ◽  
Family Farms ◽  
Agricultural Income ◽  
Commercial Farms ◽  
Standard Output ◽  
Definition Of ◽  
The Eu

The article describes and sets the definition of different farm models under the categories of being family, small, and large-scale commercial farms. The distinction was based on the structure of the workforce and the relationship between agricultural income and the minimum wage. Family farms were dominated by the farming family providing the labour and their income per capita exceeded the net minimum wage in the country. The larger commercial farms feature a predominance of hired labour. Based on surveys, it was found that in 2016 in the EU-28 there were 10,467,000 farms (EU-13—57.3%, EU-15—42.7%). They carried out agricultural activities on an area of 173,338,000 ha (EU-13—28.5%, EU-15—71.5%). Countries of the EU-28 generated a standard output (SO) amounting to EUR 364,118,827,100 (EU-13—17.2% and EU-15—82.8%). After the delimitation, it was shown that small farming (70.8%) was the predominant form of management in the European Union (EU-13—88.2% and EU-15—79.8%) compared to family farming (18.4%) (EU-13—10.5% and EU-15—29%). In most EU countries the largest share of land resources pertains to small farms (35.6%) and family farms (38.6%) (UAA—utilised agricultural area of farms).

scholarly journals One Health approach for West Nile virus surveillance in the European Union: relevance of equine data for blood safety

2019 ◽  
Vol 24 (16) ◽  
Author(s):  
Johanna J Young ◽  
Denis Coulombier ◽  
Dragoslav Domanović ◽  
Hervé Zeller ◽  
Céline M Gossner ◽  
...  
Keyword(s):  
European Union ◽  
West Nile Virus ◽  
Human Case ◽  
The European Union ◽  
Blood Safety ◽  
West Nile ◽  
Safety Measures ◽  
Virus Surveillance ◽  
Definition Of ◽  
The Eu

West Nile virus (WNV) infection is notifiable in humans and equids in the European Union (EU). An area where a human case is detected is considered affected until the end of the mosquito transmission season (week 48) and blood safety measures have to be implemented. We used human and equine case notifications between 2013 and 2017 to define the WNV distribution in the EU and to investigate the relevance of using equine cases as a complementary trigger for blood safety measures. Adding areas with equine cases to the definition of an affected area would have a major impact on blood safety measures. Adding areas with equine cases where human cases have been reported in the past would increase the timeliness of blood safety measures with only a limited impact. Although the occurrence of human and/or equine cases confirms virus circulation in the EU, no evidence was found that occurrence of equine cases leads to human cases and vice versa. We conclude that information about equine data should contribute to raising awareness among public health experts and trigger enhanced surveillance. Further studies are required before extending the definition of affected areas to areas with human and/or equine cases.

scholarly journals The EU-NATO Syndrome: Spotlight on Transatlantic Realities

2007 ◽  
Vol 3 (2) ◽  
pp. 99-123
Author(s):  
Hajnalka Vincze
Keyword(s):  
United States ◽  
European Union ◽  
The United States ◽  
Division Of Labour ◽  
Fundamental Question ◽  
The European Union ◽  
Transatlantic Relationship ◽  
Chain Of Command ◽  
Definition Of ◽  
The Eu

This article examines the relations between the European Union (EU) and NATO in light of both of the current, deeply unhealthy, state of the transatlantic relationship, and of its ongoing evolution. The first part is devoted to a retrospective outline of the links between European defence and the Atlantic system, which highlights the major constant features of these last sixty years, as well as the rupture points. Then, various issues, from the problem of the division of labour and the definition of the chain of command to coordination on the ground and arms procurement, are evoked as concrete examples where the same fundamental question marks emerge, again and again; all of them revolving around the concept of sovereignty – that of the Europeans vis-à-vis America. It is suggested in the article that current European dependence does not allow but superficial and/or temporary ‘progress’ in EU-NATO relations, just as is the case in the broader Euro-American relationship. As long as Europeans will not assume fully the objective of autonomy (i.e. freedom of decision and action, with all the commitments it would imply), their subjection will continue to generate increasing tensions, since this inherent imbalance is not only detrimental to Europe’s own interests, but it also excludes any reciprocity and prohibits any genuine partnership with the United States.

scholarly journals On the issue of labor relations in the gig economy of Ukraine.

2021 ◽  
Vol 3 (3) ◽  
pp. 129-135
Author(s):  
Ihor Alieksieienko
Keyword(s):  
European Union ◽  
Labor Relations ◽  
Labor Law ◽  
Legal Regulation ◽  
Labor Rights ◽  
The European Union ◽  
Independent Contractor ◽  
Gig Economy ◽  
Definition Of ◽  
The Eu

The article discusses some of the issues of the application of labor (employment) law to regulate labor relations in the gig economy of Ukraine. In recent years Ukraine occupied one of the first places in the world by its growth rate. A small part of those employed in it work as employees on the basis of employment contract, and the overwhelming majority as self-employed contractors or without formalized legal relations. At the same time, there are signs of labor relations in the work of the latter. Therefore, the issue of legal regulation of their work by labor law is of great practical and theoretical importance not only in Ukraine, but also in the European Union and other countries. The author paid some attention to studying the experience of the European Union on the regulation of labor relations in the gig economy. Here, judicial practice, the case law of the Court of Justice of the EU, as well as legal acts of the Parliament and Council of the EU. According the author, these documents pursue the goal of extending the labor law to workers of gig economy, who are in fact not self-employed, but employees. The person is qualified by EU law as employee if his independent is merely notion, thereby disguising an employment relationship. Among the legal documents of Ukraine regarding these issues first of all, it is necessary to name the draft law “On Amendment to Labor Code on Definition of Labor Relationships and signs of their Existence”. It introduces 7 signs of employment: if three of them are present – a person is presumed to be an employee. In general, this draft law contains progressive provisions. At the same time, the Law “On Promoting the Development of Digital Economy in Ukraine” is quite contradictory. So if the whole world tries to provide labor rights for gig workers who have no signs of self-employed independent contractor, this Law introduces the terms “gig-specialist” and “gig-contract” and takes them outside the labor law, qualifying them as civil law. At the same time this Law grants “gig-specialists” their own separate labor rights instead of others, including collective. Thus, regulation of labor relations in the gig economy of Ukraine needs improvement based on the study and application of the positive experience of EU legislation and jurisprudence.

Social Policy and European Union Politics

2019 ◽  
Author(s):  
Mary Daly
Keyword(s):  
European Union ◽  
Social Policy ◽  
Trade Unions ◽  
The Political ◽  
The European Union ◽  
Member States ◽  
Policy Model ◽  
The Social ◽  
Democratic Parties ◽  
The Eu

Social policy has a particular character and set of associated politics in the European Union (EU) context. There is a double contestation involved: the extent of the EU’s agency in the field and the type of social policy model pursued. The former is contested because social policy is typically and traditionally a matter of national competence and the latter because the social policy model is crucial to economic and market development. Hence, social policy has both functional and political significance, and EU engagement risks member states’ capacity to control the social fate of their citizens and the associated resources, authority, and power that come with this capacity. The political contestations are at their core territorially and/or social class based; the former crystalizes how wide and extensive the EU authority should be in social policy and the latter a left/right continuum in regard to how redistributive and socially interventionist EU social policy should be. Both are the subject of a complicated politics at EU level. First, there is a diverse set of agents involved, not just member states and the “political” EU institutions (Parliament and Council) but the Commission is also an important “interested” actor. This renders institutional politics and jockeying for power typical features of social policymaking in the EU. Second, one has to break down the monolith of the EU institutions and recognize that within and among them are actors or units that favor a more left or right position on social policy. Third, actors’ positions do not necessarily align on the two types of contestation (apart perhaps from the social nongovernmental organizations and to a lesser extent employers and business interests). Some actors who favor an extensive role for social policy in general are skeptical about the role of the EU in this regard (e.g., trade unions, some social democratic parties) while others (some sectors of the Commission) wish for a more expansive EU remit in social policy but also support a version of social policy pinned tightly to market and economic functions. In this kind of context, the strongest and most consistent political thrust is toward a type of EU social policy that is most clearly oriented to enabling the Union’s economic and market-related objectives. Given this and the institutional set-up, the default position in EU social policy is for a market-making social policy orientation on the one hand and a circumscribed role for the EU in social policy on the other.

scholarly journals European Union Legislation Overview about Used Vegetable Oils Recycling: The Spanish and Italian Case Studies

Processes ◽  
2020 ◽  
Vol 8 (7) ◽  
pp. 798
Author(s):  
Jesus Ibanez ◽  
Sonia Martel Martín ◽  
Salvatore Baldino ◽  
Cristina Prandi ◽  
Alberto Mannu
Keyword(s):  
European Union ◽  
Vegetable Oils ◽  
Raw Materials ◽  
Raw Material ◽  
Legislative Process ◽  
The European Union ◽  
New Production ◽  
Italian Case ◽  
Definition Of ◽  
The Eu

The employment of used vegetable oils (UVOs) as raw materials in key sectors as energy production or bio-lubricant synthesis represents one of the most relevant priorities in the European Union (EU) normative context. In many countries, the development of new production processes based on the circular economy model, as well as the definition of future energy and production targets, involve the utilization of wastes as raw material. In this context, the main currently applied EU regulations are presented and discussed. As in the EU, the general legislative process consists of the definition in each State Member of specific legislation, which transposes the EU indications. Two relevant countries are herein considered: Italy and Spain. Through the analysis of the conditions required in both countries for UVOs’ collection, disposal, storage, and recycling, a wide panorama of the current situation is provided.

Supranational aspects in the functioning of the European Union

Law and World ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 167-187
Keyword(s):  
European Union ◽  
Special Kind ◽  
State Level ◽  
International Organization ◽  
The European Union ◽  
Interstate Cooperation ◽  
Enforcement Mechanisms ◽  
Definition Of ◽  
Domestic Law ◽  
The Eu

The article is an attempt based on a generalization of the experience of the European Union (EU), to identify the essential characteristic of supranationality in the context of the interaction of international law with domestic law, to assess the legal nature of the EU and to offer the reader an authorial definition of “supranationality”. The general conclusion of the paper is that supranationality should be understood as an effective form of interstate cooperation and activity within the international organization, based on unity of interests, in which the authority serving these interests receives some degree of autonomy from the participating countries by transferring (conceding) part of their internal powers to it. As a result, its decisions, without prior transformation into domestic law, have a general normative character and direct effect not only on member states, but also on their natural and legal persons, which is ensured by effective enforcement mechanisms. At the same time, the supranational level, which has a considerable number of independent regulatory powers, is hierarchically higher than inter-state level, therefore, its law also has primacy over the national law. Besides, within the framework of the article, particular attention is paid to description of main approaches that characterize the legal essence of the European Union. The author expresses an opinion on the appropriateness of understanding the EU as an international organization of a special kind (sui generis), which combines elements of classical international organizations with supranational features in its functioning.

The specificities of modern consumer society in the European Union

2020 ◽  
Vol 4 ◽  
pp. 81-92
Author(s):  
Mira Malczyńska-Biały
Keyword(s):  
European Union ◽  
Consumer Society ◽  
The European Union ◽  
Special Regard ◽  
Cross Border ◽  
Purchase Process ◽  
Ethical Norms ◽  
Definition Of ◽  
Legislative Processes ◽  
The Eu

The article aims to analyse the specificities of modern consumer society in the European Union and, therefore, it presents the genesis and the essence of consumer society development in Europe. It points to the idea of consumer society in terms of economy, politics, sociology, and philosophy. The specificities of the modern consumer society in the European Union are influenced by legislative processes in regard to the economical safety of consumers including safety of goods in terms of information, education, and redress, with special regard to cross-border transactions. The article presents the definition of consumer ethics and the specifics of certain ethical norms connected with the purchase process, what have evolved together with the development of consumer society in the EU.

scholarly journals Prevalence of and Potential Influencing Factors for Alcohol Dependence in Europe

2014 ◽  
Vol 21 (1) ◽  
pp. 6-18 ◽  
Author(s):  
Jürgen Rehm ◽  
Peter Anderson ◽  
Joe Barry ◽  
Plamen Dimitrov ◽  
Zsuzsanna Elekes ◽  
...  
Keyword(s):  
European Union ◽  
Alcohol Dependence ◽  
Influencing Factors ◽  
Alcohol Use Disorders ◽  
Heavy Drinking ◽  
The European Union ◽  
Harmful Use ◽  
Definition Of ◽  
Estimate Prevalence ◽  
The Eu

Alcohol use disorders (AUDs), and alcohol dependence (AD) in particular, are prevalent and associated with a large burden of disability and mortality. The aim of this study was to estimate prevalence of AD in the European Union (EU), Iceland, Norway, and Switzerland for the year 2010, and to investigate potential influencing factors. The 1-year prevalence of AD in the EU was estimated at 3.4% among people 18-64 years of age in Europe (women 1.7%, men 5.2%), resulting in close to 11 million affected people. Taking into account all people of all ages, AD, abuse and harmful use resulted in an estimate of 23 million affected people. Prevalence of AD varied widely between European countries, and was significantly impacted by drinking cultures and social norms. Correlations with level of drinking and other drinking variables and with major known outcomes of heavy drinking, such as liver cirrhosis or injury, were moderate. These results suggest a need to rethink the definition of AUDs.

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