Subjects -> LAW (Total: 1571 journals)
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    - INTERNATIONAL LAW (190 journals)
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INTERNATIONAL LAW (190 journals)                     

Showing 1 - 190 of 190 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 19)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 9)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 64)
American University International Law Review     Open Access   (Followers: 11)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 1)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 15)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 6)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 1)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 2)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 20)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 17)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 22)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 23)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 35)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 6)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 18)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 19)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 19)
Cornell International Law Journal     Open Access   (Followers: 5)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access   (Followers: 1)
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 13)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 1)
European Journal of International Law     Hybrid Journal   (Followers: 239)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 17)
European Political Science     Hybrid Journal   (Followers: 41)
European Property Law Journal     Hybrid Journal   (Followers: 7)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 13)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 50)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 11)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 265)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 10)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 26)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 6)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 27)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 62)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 21)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 4)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 11)
International Journal of Refugee Law     Hybrid Journal   (Followers: 38)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 23)
International Planning Studies     Hybrid Journal   (Followers: 7)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 12)
International Security     Hybrid Journal   (Followers: 80)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 14)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 8)
Journal of International Political Theory     Hybrid Journal   (Followers: 18)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 33)
Journal of Private International Law     Hybrid Journal   (Followers: 7)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 16)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 21)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 39)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 26)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 17)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 20)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 15)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 13)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 9)
Nordic Journal of International Law     Hybrid Journal   (Followers: 17)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 7)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 3)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 18)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 8)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 17)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
European Labour Law Journal
Number of Followers: 17  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 2031-9525 - ISSN (Online) 2399-5556
Published by Sage Publications Homepage  [1090 journals]
  • Covid-19 and labour law in the United Kingdom
    • Authors: David Mangan*
      Abstract: European Labour Law Journal, Ahead of Print.
      2020 had been marked as a significant year for the UK with its departure from the European Union. The coronavirus pandemic quickly became the most important issue facing the Government under a third Prime Minister since the 2016 referendum. From the start, problems have dogged this Government in meeting the monumental challenges posed by Covid-19. The UK approached the work implications of this pandemic in some distinct ways, as compared to European Union Member States. This piece is longer than other country reports in this volume as a result of critically engaging with these differences.
      Citation: European Labour Law Journal
      PubDate: 2020-07-07T03:41:42Z
      DOI: 10.1177/2031952520934583
       
  • Covid-19 and Labour Law in the Netherlands
    • Authors: Hanneke Bennaars
      Abstract: European Labour Law Journal, Ahead of Print.
      Against the backdrop of an ‘intelligent lockdown’ the Dutch government has launched a threefold emergency package to support businesses and safeguard employment as much as possible. This ‘Emergency Jobs and Economy Package’ contains, amongst others, measures that aim to ensure the safeguarding of income and salaries for employees as well as self-employed workers. It concerns mainly subsidy law and the extension of social security legislation, not employment law. However, the safeguarding of income for employees (NOW) entails a fine on redundancies during the period of support. Not only employees, but also self-employed workers can apply for income support. From a health and safety perspective (during lockdown as well as going forward to relaxation), no specific national measures have been taken. The general rules on social distancing and hygiene have to be implemented as part of the general obligation to provide a safe working place. No specific care arrangements for working parents that have to work from home have been put in place.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T11:04:04Z
      DOI: 10.1177/2031952520934587
       
  • Covid-19 and labour law in Spain
    • Authors: Manuel Antonio García-Muñoz Alhambra
      Abstract: European Labour Law Journal, Ahead of Print.
      The Covid-19 crisis in Spain has led to the adoption of several pieces of legislation with labour law and social security content. The main priority of this fast-changing and frequently adapted legislation has been to avoid a sharp rise in unemployment. To do so, the legislator facilitated the use of the already existing procedures to temporarily suspend contracts (Expedientes Temporales de Regulación de Empleo) and prohibited certain kinds of dismissals (those based on economic circumstances and force majeure). To further develop a social shield with the ambition to protect the most vulnerable workers and families several measures that can be classified as income support have been adopted.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T11:02:45Z
      DOI: 10.1177/2031952520934576
       
  • Covid-19 and labour law in Luxembourg
    • Authors: Luca Ratti
      Abstract: European Labour Law Journal, Ahead of Print.
      The small size and particular location make Luxembourg an interesting case study on the measures undertaken by the government to tackle the most pressing socio-economic issues deriving from the current pandemic crisis. Most such measures are comparable to those put in place across the EU; some are specific to its characteristics, and show its high dependency upon neighbouring countries and its limited capacity to internally ensure a constant provision of essential goods.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T11:01:25Z
      DOI: 10.1177/2031952520934570
       
  • Covid-19 and Labour Law in Italy
    • Authors: Marco Biasi*
      Abstract: European Labour Law Journal, Ahead of Print.
      This article provides an account of the Italian response to the Covid-19 pandemic in the labour law field. The author focuses on the policy measures in the matters of income support, parental leave, rest and holiday leave, agile working (i.e. teleworking), dismissal, as well as on the special provisions arranged by the social partners and later adopted by the legislator to preserve the health and safety of the employees and also to prevent the spread of coronavirus in the workplace. Ultimately, the author hints at the potential development of employee participation in Italy in the wake of the upsurge of social dialogue during the coronavirus emergency.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T11:00:24Z
      DOI: 10.1177/2031952520934569
       
  • Covid-19 and labour law in Germany
    • Authors: Adam Sagan, Christian Schüller
      Abstract: European Labour Law Journal, Ahead of Print.
      As in many countries, the coronavirus pandemic is a major challenge facing labour law in Germany. On the one hand, the risk of infection in the workplace must be reduced as effectively as possible to prevent the pandemic from spreading. On the other hand, work processes must be maintained as far as possible to prevent an economic crisis, which could have an adverse impact on the pandemic. In this situation, German labour law does not only rely on existing regulations. The German legislator reacted promptly to the pandemic and amended a number of labour laws over a short period. The following contribution provides an overview of health and safety regulations; working time, including short-time work; employees income protection; and new possibilities for video conferencing in Germany.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T10:58:44Z
      DOI: 10.1177/2031952520934566
       
  • Covid-19 and labour law in France
    • Authors: Tatiana Sachs
      Abstract: European Labour Law Journal, Ahead of Print.
      The French government has mobilised various instruments to deal with the consequences of the pandemic. The main one is partial unemployment, which for the time being has made it possible to limit the rise of unemployment. However, as the period of return-to-work has begun, the question arises as to the distribution of efforts between the State, employers and employees. In any case, this crisis has undoubtedly enhanced the status of the State, which is no longer seen merely as a regulator but as a planner.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T10:57:44Z
      DOI: 10.1177/2031952520934565
       
  • COVID-19 and labour law in Belgium
    • Authors: Frank Hendrickx, Simon Taes, Mathias Wouters
      Abstract: European Labour Law Journal, Ahead of Print.
      As Belgium and its population were heavily hit by the coronavirus, the Government adopted specific measures to address the economy and the world of work. The initiatives were deployed during the crisis but have also been designed for the exit scenario. Various measures have a strong relation with labour law. In addition to health and safety obligations, as specified in the Belgian Well-being Act, the new measures also refer to teleworking, social distancing, and have relied on the Belgian system of temporary unemployment.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T10:56:04Z
      DOI: 10.1177/2031952520934554
       
  • Covid-19 and Labour Law in Ireland
    • Authors: David Mangan
      Abstract: European Labour Law Journal, Ahead of Print.
      Similar to many other European countries, the Irish Government has attempted to address the employment implications of the Covid-19 pandemic through a mixture of income support schemes. Coming with the repercussions of the Great Recession remain in memory and the toll that took on the Irish banking sector, the Government seems to have endeavoured to take an approach that may be more conservative as compared to other EU Member States.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T10:17:23Z
      DOI: 10.1177/2031952520934567
       
  • An unprecedented social solidarity stress test
    • Authors: David Mangan, Elena Gramano, Miriam Kullmann
      Abstract: European Labour Law Journal, Ahead of Print.
      While much of the emphasis has been on when and how economies may safely re-open due to the coronavirus pandemic, this article studies the undervalued workplace considerations therein. The initial responses of Member States to the pandemic are outlined for the purpose of setting out similarities and distinctions, but also and mostly to foreground an analysis to date of unresolved problems related to work. Important points for continued monitoring are also identified and an overview of some of the employment law considerations in re-opening workplaces are critically assessed. Consequently, teleworking garners particular attention due to its prominent role during the lockdown and its possible growing place in labour law in the near future.
      Citation: European Labour Law Journal
      PubDate: 2020-07-06T10:10:43Z
      DOI: 10.1177/2031952520934585
       
  • Balancing social and economic fundamental rights in the EU legal order
    • Authors: Sacha Garben
      Abstract: European Labour Law Journal, Ahead of Print.
      The EU legal order recognises at its highest level both fundamental social rights/freedoms and economic rights/freedoms. As is well-known, it is in the cases where these have had to be balanced against one another, that profound legal and political difficulties have appeared over the years, feeding into a more general concern about an asymmetry between social and economic values and outcomes in the European integration process. While we need to be careful not to overstate the extent of conflict, it deserves to be reiterated that there remain a number of important ‘social sore spots’ that despite sustained academic and political critique, and despite some adjustments in the Court’s approach, continue to emerge and challenge the EU’s social legitimacy. The EU’s approach towards the right to strike and bargain collectively in relation to the internal market provisions on the free provision of services and establishment, which has not only met with criticism internally but has also been considered at odds with international social rights, remains problematic in spite of the CJEU’s more recent ‘conciliatory’ case law. Moreover, relatively recent (r)evolutions in the case law as regards the freedom to conduct a business have raised important new tensions. In accordance with its brief, this article maps these frictions and, more importantly, considers how the adjudication of these rights could be conducted differently. In this regard, it argues that the most appropriate alternative approach is one not directed at procuring more ‘social’ outcomes as such, but instead one that provides a more constitutionally and democratically legitimate framework of adjudication of fundamental rights generally, and social and economic rights specifically. Indeed, while this paper therefore shares the fundamental ambition of some other thought-provoking approaches proposed recently to provide the European judiciary with an alternative framework for the balancing of social and economic rights, the proposal of this paper is different in the importance it attaches to democracy. Democracy shall be the guiding concern in the proposed framework, not only by ensuring that the extent to which these rights are enforced against the national and European legislative process remains limited to what is necessary, but also in providing the dominant telos that should inform the substantive interpretation of these rights.
      Citation: European Labour Law Journal
      PubDate: 2020-05-27T11:37:52Z
      DOI: 10.1177/2031952520927128
       
  • Employment relations via the web with international elements: Issues and
           proposals as to the applicable law and determination of jurisdiction in
           light of EU rules and principles
    • Authors: Maria Teresa Carinci, Albert Henke
      Abstract: European Labour Law Journal, Ahead of Print.
      The article addresses the issues of which, from the EU perspective, are the applicable law and the competent courts in respect of employment contracts/relationships performed via the web and characterised by international elements. The study adopts a legal-regulatory approach, focusing, on one hand, on the issues related to the applicable law and, on the other hand, on those concerning the determination of the competent courts in respect of employment contracts/relationships performed via the web and characterised by international elements. The article outlines the possible detrimental effects on the weaker party of the contractual relationship, deriving from the application of the current connecting factors based on EU rules and regulations, in respect of the applicable law and the competent courts. The article considers only the EU legal framework, but suggests an evolutionary interpretation of EU law, aimed at preserving the anti-dumping rationale underlying the legal regime governing the applicable law and investigates the potential of collective redress mechanisms.
      Citation: European Labour Law Journal
      PubDate: 2020-05-15T10:45:37Z
      DOI: 10.1177/2031952520922248
       
  • A little less autonomy' The future of working time flexibility and its
           limits
    • Authors: Marta Glowacka
      Abstract: European Labour Law Journal, Ahead of Print.
      The European Court of Justice has recently issued rulings on the interpretation of the European Working Time Directive 2003/88, which appear to restrict flexible working time arrangements (especially Matzak C-518/15, Syndicat C-254/18 and CCOO C-55/18). Only a few months prior to the latter ruling of the CJEU, the Austrian legislator amended the Working Time Act in order to make it more flexible. The article argues that the measures taken by the Austrian legislator to enable more flexibility and autonomy can still be regarded as compatible with Union law. In general, the article tackles the question of possible further legislative developments in order to strike a balance between autonomy and the need for security of both parties to the employment relationship. Among other suggestions, the article introduces the concept of molecularisation of working time and examines whether work intensity should be introduced as a qualitative dimension to the concept of working time, thus deviating from the current European Working Time Directive. Finally, the article suggests security measures – often referring to Austria as a best practice example – in order to safeguard workers in view of working time flexibility.
      Citation: European Labour Law Journal
      PubDate: 2020-05-12T10:40:03Z
      DOI: 10.1177/2031952520922246
       
  • ‘Unchartered’ waters: fundamental rights, Brexit and the
           (re)constitution of the employment law hierarchy of norms
    • Authors: Niall O’Connor
      Abstract: European Labour Law Journal, Ahead of Print.
      The decision of the British people to leave the European Union (EU) raises foundational questions for many legal fields. The effects are especially likely to be felt within domestic employment law, which now has a strong basis in EU law. Of particular concern is the removal of the nascent EU fundamental employment rights influence over domestic legislation. Employment lawyers have long relied on fundamental rights as a means of preserving the autonomy of their subject from general private law. One manifestation of this turn to fundamental rights concepts has been the ‘constitutionalisation’ of employment rights. EU law, notably the Charter of Fundamental Rights, has become a key underpinning of this constitutionalisation process. This article considers the effects of the constitutionalisation in the United Kingdom employment sphere of some of the rights found in the Charter’s Solidarity Title, through its role in the emergence of a hierarchy of sources or ‘norms’ in the employment field. In order to address the question of the Charter’s influence on the hierarchy of sources in the employment context, three interrelated processes are examined. The article begins by exploring the ‘constitutionalisation’ process, by setting out the nature of the Charter and the effects of its employment rights on the hierarchy of sources. This is followed by a consideration of the ‘deconstitutionalisation’ process brought about by Brexit, before finally examining whether a potential ‘reconstitutionalisation’ process might be underway by looking at key terms of the EU (Withdrawal) Act 2018 and the potential to replicate the Charter in domestic law.
      Citation: European Labour Law Journal
      PubDate: 2020-03-17T11:57:23Z
      DOI: 10.1177/2031952520911063
       
  • Effective enforcement of EU labour law: A comparative example
    • Authors: Michael Gotthardt
      Abstract: European Labour Law Journal, Ahead of Print.
      The article looks at the outcome of the two legal proceedings in the Schüth and IR cases. In both cases employees of the Catholic Church – a choirmaster and organist in a Catholic parish and a trained physician working as Head of the Internal Medicine Department of a Catholic hospital - were dismissed because of the violation of the Basic Regulations on Employment Relationships in the Service of the Church. In the Schüth case Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life, had been violated. In the IR case the Charter of Fundamental Rights of the European Union and the Directive establishing a general framework for equal treatment in employment and occupation were applicable. The dismissal in IR was held to be unequal treatment in employment. But the outcome of both cases was very different. We find that Union law and in particular Article 47 of the Charter of Fundamental Rights of the European Union makes all the difference. In the Schüth case, the employment relationship was terminated and the claimant’s only consolation was a claim for damages from the State. In the IR case, on the other hand, the termination was declared invalid and the employment relationship continued, i.e. the head physician did not lose his job. The comparison of the cases demonstrates that European law, backed by Article 47 of the Charter of Fundamental Rights of the European Union, has not only permeated procedural law, it has also led to an increase in judicial reviews of substantive law which in the application of Union law is a far cry from a mere plausibility review.
      Citation: European Labour Law Journal
      PubDate: 2020-03-04T10:18:45Z
      DOI: 10.1177/2031952520905385
       
  • Cross-border social dialogue from the perspective of employers
    • Authors: Renate Hornung-Draus
      Abstract: European Labour Law Journal, Ahead of Print.
      Social dialogue practices across the world are deeply embedded in the different national socio-economic traditions and legal systems and therefore characterised by great heterogeneity. Cross-border social dialogue has developed mainly in the context of supra-national policy frameworks, which are compatible with the different national traditions and practices and accepted by the relevant actors. Since such frameworks have so far only developed as governmental institutions for social standard-setting, e.g. the International Labour Organisation at a global level and the European Union at a regional level, cross-border social dialogue takes place mainly as cooperation with, and consultation of, social partner organisations with a view to shaping social policy. The central element of social dialogue in the national context - collective bargaining on wages and working conditions - has not been successfully elevated to the cross-national level, because the heterogeneity of national settings has not allowed for the creation of a suitable and universally accepted supra-national framework. Given the increasing importance of social policy at the transnational and global levels and the potential of cross-border social dialogue to improve its quality and acceptance in practice, representative social partner organisations should be given an institutionalised role in all the relevant organisations well beyond the ILO or the EU.
      Citation: European Labour Law Journal
      PubDate: 2020-02-25T12:46:00Z
      DOI: 10.1177/2031952520908440
       
  • Article 47 CFR and the effective enforcement of EU labour law: Teeth for
           paper tigers'
    • Authors: Jeremias Adams-Prassl
      Abstract: European Labour Law Journal, Ahead of Print.
      ‘Social rights’, the late Professor Sir Bob Hepple warned in 2007 ‘are like paper tigers, fierce in appearance but missing in tooth and claw.’ This note sets out to explore the potential of the right to an effective remedy in Article 47 of the European Union’s Charter of Fundamental Rights (‘CFR’) in equipping the Union’s social acquis with credible remedies. Article 47 CFR is one of the most-litigated and important Articles in the Charter. At the same time, however, it has received surprisingly little attention in the context of EU employment law.Discussion is structured as follows: section one explores the rise of the principle of effectiveness, from the early case law of the Court of Justice to the Charter’s entry into force in 2009. Section two sketches the powerful potential of Article 47 CFR, highlighting its utility both in tackling domestic obstacles to effective enforcement, and expanding the horizontal applicability of EU employment law. Section three briefly highlights some of the limitations litigants might encounter, including a general emphasis on broad regulatory discretion for Member States, and the difficult of crafting (positive) duties out of (negative) restraints. A brief concluding section turns to EU law more broadly, as well as the European Convention of Human Rights, for inspirations guiding the potential future development of Article 47 CFR.
      Citation: European Labour Law Journal
      PubDate: 2020-02-20T02:00:14Z
      DOI: 10.1177/2031952520905383
       
  • Are social ‘Rights’ rights'
    • Authors: Catherine Barnard
      Abstract: European Labour Law Journal, Ahead of Print.
      The Charter draws a distinction between rights and principles. Article 51(1) of the Charter says that rights must be ‘respected’ whereas principles must merely be ‘observed’. The question is how to tell whether a provision in the Charter contains a right or a principle and what implication this has for social rights – which in a number of national Constitutions are traditionally seen as principles, not rights, and thus not directly enforceable. However, for EU citizens this is not satisfactory; why is something described as a right in fact not a right' In this article I wish to argue that while it was originally intended that social rights should in fact be principles, the Court is beginning to adopt a more nuanced approach to this question.
      Citation: European Labour Law Journal
      PubDate: 2020-02-12T04:45:35Z
      DOI: 10.1177/2031952520905382
       
  • Regulating for decent work: Reflections on classification of employees
    • Authors: David Mangan
      First page: 111
      Abstract: European Labour Law Journal, Ahead of Print.
      The International Labour Organisation hosted the Sixth Regulating for Decent Work Conference in its centenary year of 2019. As part of these three days, I had the pleasure to chair a panel posing the prescient question: ‘Are the Categories of “Employee” and “Self-Employed” Still a Valid Tool to Allocate Labour Rights'’ In this brief introduction, I outline the product of that panel by situating classification as part of an interplay between labour and commercial law.
      Citation: European Labour Law Journal
      PubDate: 2020-02-11T11:57:21Z
      DOI: 10.1177/2031952520905142
       
  • The legal and jurisprudential evolution of the notion of employee
    • Authors: Adalberto Perulli, Annamaria Westregård
      First page: 117
      Abstract: European Labour Law Journal, Ahead of Print.
      The essay analyses the concept of employed worker in the light of the expansive trend of labour law. Two perspectives are investigated. The first concerns the revisiting of the concept of employed worker through the interpretation of jurisprudence. Comparative analysis demonstrates a tendency, not univocal but prevalent, of jurisprudence to broaden the notion of subordinate work, which manifests itself through purposive interpretation techniques. The other perspective is that of the creation of intermediate categories, such as that of ‘worker’ in the UK or that of ‘parasubordinato’ work in Italy, or even the notion of ‘economically dependent self-employment’ (Spain, Germany), to which selectively apply some protections of subordinate work. The current challenge of labour law is therefore to be able to respond to changes in the production reality, exemplified by work through a digital platform, to provide adequate protection for new forms of work and new ways in which subordination is expressed.
      Citation: European Labour Law Journal
      PubDate: 2020-02-24T10:39:13Z
      DOI: 10.1177/2031952520905145
       
  • Rethinking the allocation criteria of the labour law rights and
           protections: A risk-based approach
    • Authors: Federico Fusco
      First page: 131
      Abstract: European Labour Law Journal, Ahead of Print.
      The present paper investigates the ongoing validity of the notion of subordination as selection criteria to allocate the labour protections in the contemporary economic framework. The gig economy is deeply affecting the way of working, transforming the employee in a service provider. This phenomenon is partially due to the progressive shift from a firm-based production model towards a market transaction based one. Although its lawfulness is still unclear, it highlights that the way of working is changing in a way that struggles to fit into the classic legal categories. This is mainly due to the fact that the labour protections are usually bestowed moving from a notion of subordination highly focused on the organisational element. Thus, economic actors suffering from the same economic weakness of the employees, but organisationally independent, struggle to obtain the necessary protections.Moving from those remarks the author suggests rethinking the allocation criteria of the labour protections, adopting economic weakness as the main criterion. This category should encompass all the individuals performing a working activity that are not able to significantly influence its financial outcome. The aim of such reform should be to extend the labour protections to all the subjects needing them.The final part of the paper investigates the possible solutions under the current legal framework. The major finding is that under certain circumstances the gig workers can be qualified as temporary employees not of the platform, but of the contractor. In this scenario, the digital platforms should be deemed as job-placement service providers and, thus, they should comply with the relevant provisions. These include the eventual need of administrative authorisations and the free-of-charge principle, whose violations represent, in several jurisdictions, a criminal offence
      Citation: European Labour Law Journal
      PubDate: 2020-02-17T01:35:48Z
      DOI: 10.1177/2031952520905152
       
  • Digital collaborative platforms: A challenge for both the legislator and
           the social partners in the Nordic model
    • Authors: Annamaria Westregård
      First page: 142
      Abstract: European Labour Law Journal, Ahead of Print.
      This paper focuses on the specific problems in the labour and social security legislation as it relates to crowdworkers in the digitalised new economy, analysing their place in labour market, and especially in the collective agreements which are the standard means of regulating working conditions in the Nordic model. Sweden has a binary system where a performing party is as either an employee or self-employed.The law on working and employment conditions offers only limited protection to those on short, fixed-term contracts; instead, it is social partners that have improved crowdworkers’ conditions in some industries by using collective bargaining. However, there are no collective agreements in the digital economy, or indeed for platform entrepreneurs. The complications of the parties’ positions will be analysed, especially as platforms do not consider themselves to be employers, but rather coordinators of the self-employed.It is not only labour law regulations that are important to prevent precariat among crowdworkers. It is also very important that the social security regulations adapt to the new labour market as the social security legislation is an important part of the Nordic model.
      Citation: European Labour Law Journal
      PubDate: 2020-02-20T01:59:13Z
      DOI: 10.1177/2031952520905154
       
  • ‘Slaves to Fashion’ in Bangladesh and the EU: Promoting decent
           work'
    • Authors: Katrina Peake, Jeff Kenner
      First page: 175
      Abstract: European Labour Law Journal, Ahead of Print.
      Workers producing garments in developing countries for European brands are often described as ‘slaves to fashion’. They are denied decent work, a core ILO objective and a UN Sustainable Development Goal (SDG). Instead, they are employed in unsafe factories prone to frequent deadly fires or building collapse, subject to anti-union discrimination and violence. The deprivation of their labour rights and poor working conditions might lead to the conclusion that they are in fact ‘modern slaves’, and thus modern slavery is fuelling the garment supply chain which is, in turn, propelled forwards by the fast fashion demands of European consumers. Modern slavery within supply chains can be tackled by brands and retailers, typically those seen as responsible for such abuse and it can be tackled through trade and development policies by actors such as the European Union (EU). In Bangladesh, the EU is the country’s largest trading partner in garments, and it has considerable leverage to improve labour rights, in doing so tackling modern slavery in the supply chain, utilising trade conditionality. The EU has to date lacked a policy focus on tackling modern slavery in its external relations, but with the adoption of the UN SDG 8 which combines elimination of modern slavery with decent work, there is scope for bringing about longstanding change. This paper argues for more normative interconnections between decent work and modern slavery in both national and EU external relations policies.
      Citation: European Labour Law Journal
      PubDate: 2020-03-16T09:52:53Z
      DOI: 10.1177/2031952520911064
       
  • Square peg versus a round hole' The Necessity of a Bill of Rights for
           Workers
    • Authors: Philippa Collins
      First page: 199
      Abstract: European Labour Law Journal, Ahead of Print.
      The exercise of human rights is put at risk by the creation, conduct, and termination of employment relationships. For this reason, we often find that fundamental rights arguments are invoked in disputes between employers and workers and the mechanisms of labour and employment law are pressed to vindicate those rights through a process of ‘constitutionalisation’. Notably, the European Convention on Human Rights, through the doctrine of positive obligations, places important demands upon national legal systems, their legislators and their judges, to protect the rights of individuals against other private parties. Taking the law of dismissal in England & Wales as an illustrative example, this article argues that the current approach to safeguarding workers’ rights and complying with the Convention’s positive obligations is inadequate. Making adjustments to the existing structure of employment rights will always be insufficiently radical as those structures are ill-suited to performing this function, their limitations are systemic and furthermore the judiciary is unwilling to disrupt the established analytical approach. Instead, I propose and detail an alternative solution: introducing a Bill of Rights that would render the rights of the European Convention enforceable between worker and employer.
      Citation: European Labour Law Journal
      PubDate: 2020-05-05T11:50:21Z
      DOI: 10.1177/2031952520921879
       
  • To hire or not to hire: the ambivalent impact of social rehire clauses on
           the Transfer of Undertakings Directive
    • Authors: Luca Ratti
      First page: 225
      Abstract: European Labour Law Journal, Ahead of Print.
      Most EU countries are experiencing an increased use of Collective Labour Agreement clauses – Social Rehire Clauses – that oblige incoming service providers, while taking over a service, to employ all or part of outgoing providers’ personnel or at least give these workers priority future hiring. In the established case law of the Court of Justice, rehiring personnel is considered a crucial element, which may trigger the application of Council Directive 2001/23 on transfers of undertakings. This article defends the need to keep Social Rehire Clauses outside the material scope of the Directive, in order to respect social partners’ collective autonomy and prevent opportunistic behaviours, while promoting a fair competition between employers. Constitutionally justified under Article 3(3) TEU, and Articles 9, 147 and 151(1) TFEU, the protection of employment pursued by Social Rehire Clauses should be interpreted as legitimate limitation to the economic freedoms enshrined in the Treaties and the Charter of Fundamental Rights.
      Citation: European Labour Law Journal
      PubDate: 2020-05-08T10:30:32Z
      DOI: 10.1177/2031952520921904
       
 
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