Subjects -> LAW (Total: 1584 journals)
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    - CRIMINOLOGY AND LAW ENFORCEMENT (155 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (191 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (970 journals)
    - LAW: GENERAL (10 journals)

INTERNATIONAL LAW (191 journals)                     

Showing 1 - 191 of 191 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 20)
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: 69)
American University International Law Review     Open Access   (Followers: 12)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 7)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 2)
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: 23)
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: 24)
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: 37)
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: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 18)
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: 20)
Cornell International Law Journal     Open Access   (Followers: 6)
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: 14)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 245)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 43)
European Property Law Journal     Hybrid Journal   (Followers: 8)
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: 14)
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: 271)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 9)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
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: 29)
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: 64)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 20)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 18)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 12)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
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: 26)
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: 13)
International Security     Hybrid Journal   (Followers: 84)
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: 15)
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: 9)
Journal of International Political Theory     Hybrid Journal   (Followers: 19)
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: 34)
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: 17)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 22)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 42)
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: 27)
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: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 21)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 16)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
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: 10)
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)
SASI     Open Access   (Followers: 4)
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: 17)
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: 9)
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: 18)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
European Labour Law Journal
Number of Followers: 18  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 2031-9525 - ISSN (Online) 2399-5556
Published by Sage Publications Homepage  [1093 journals]
  • Editorial
    • Authors: Bernd Waas
      Pages: 349 - 350
      Abstract: European Labour Law Journal, Volume 11, Issue 4, Page 349-350, December 2020.

      Citation: European Labour Law Journal
      PubDate: 2020-10-01T11:50:58Z
      DOI: 10.1177/2031952520953223
      Issue No: Vol. 11, No. 4 (2020)
       
  • An analysis of the EU Seasonal Workers Directive in the light of two
           similar regimes: Three dimensions of regulated inequality
    • Authors: Fotis Bregiannis
      Abstract: European Labour Law Journal, Ahead of Print.
      This article analyses three cumulative situations of inequality suffered by seasonal low-skilled migrant workers in Europe: i) reinforced inequality of bargaining power before the employer, ii) legal inequality between them and the local workforce, and iii) legal inequality between them and high-skilled migrant employees. In this regard, the prioritisation of the needs of national economies rather than a rights-based approach is promoted by the legislators. The EU Seasonal Workers Directive (SWD) is here compared to two Temporary Migration Programmes (TMPs) regulating similar migrant mobility. One of them has been in force for decades in Canada and the other entered more recently into force in New Zealand. It is shown that, despite claiming novelty, the SWD follows the same basic principles of structured and regulated inequality existing in these schemes.
      Citation: European Labour Law Journal
      PubDate: 2020-10-21T11:00:18Z
      DOI: 10.1177/2031952520966626
       
  • EU work-family policies revisited: Finally challenging caring roles'
    • Authors: Michelle Weldon-Johns
      Abstract: European Labour Law Journal, Ahead of Print.
      In 2013 Weldon-Johns used the work-family typology classification model (WFTCM) to analyse the development of EU work-family policies. That examination showed that EU work-family legislation continued to focus on maternal care and was underpinned by the extended motherhood typology. In 2019, the Work-Life Balance for Parents and Carers Directive 2019/1158 was passed, implementing key changes to the EU framework. This article takes this as an opportunity to reflect on the current EU approach. In doing so, it revisits the WFTCM and expands the ideal types to include the shared parental roles typology and redefine the family typology. This analysis shows that while some advances have been made, gendered assumptions surrounding care remain, as does the presumption in favour of childcare. Instead of the Directive fulfilling its potential to challenge caring roles, it is likely that they will continue to be reinforced, although there are some hopes for the future.
      Citation: European Labour Law Journal
      PubDate: 2020-10-19T10:34:13Z
      DOI: 10.1177/2031952520966613
       
  • Platform work and fixed-term employment regulation
    • Authors: Annika Rosin
      Abstract: European Labour Law Journal, Ahead of Print.
      Although platform work has been studied by many labour law researchers, mainly the unclear labour law status of platform workers as well as possible new avenues to ensure their protection have been discussed. However, platform work is similar to already-regulated atypical work arrangements and the possibilities of the application of these regulations needs to be analysed. The aim of this article is to analyse the applicability of the Fixed-Term Work Directive (1999/70/EC (FTWD)) to platform workers. The question of whether platform work can be regarded as fixed-term employment according to the FTWD is analysed, and also whether the measures to prevent the abuse of successive fixed-term contracts ensure that platform workers avoid being placed in a precarious position. In the example of four platforms (Uber, Deliveroo, TaskRabbit and Amazon Mechanical Turk), it is argued that many platform workers can be regarded as fixed-term workers for the purposes of the FTWD. The existence of a bilateral fixed-term employment relationship between the platform and the worker can be detected in the case of platforms providing transportation and food delivery services. A bilateral relationship also forms between the client and the worker in the case of platforms providing universal services. In the case of crowdwork, a tripartite temporary agency work relationship forms between the platform, the worker and the user, and the Temporary Agency Work Directive (2008/104/EC), rather than the FTWD, should be applied. The measures foreseen in the FTWD to prevent the abuse of successive fixed-term contracts effectively protect platform workers. Nevertheless, if the Member State only restricts the total period of successive contracts, their working conditions are not improved.
      Citation: European Labour Law Journal
      PubDate: 2020-09-28T11:05:57Z
      DOI: 10.1177/2031952520959335
       
  • The Self-employed and the EU Court of Justice: towards new social
           protection of vulnerable EU citizens'
    • Authors: Alessandro Nato
      Abstract: European Labour Law Journal, Ahead of Print.
      European citizens have been exposed to social exclusion risks due to the economic crisis and the retrenchment in the welfare state budget. Among those exposed, we find workers and self-employed workers. The Member States of Central and Northern Europe have tried to restrict the free movement of workers and the self-employed and limit access to social benefits for European citizens from Eastern Europe. On the other hand, the European institutions have tried to save the notion of the European citizen as the promoter of the integration process. Recently, the Court of Justice seems to have reprised the role of bulwark against the social exclusion of migrant European citizens in the host Member State. Adding to Florea Gusa and Tarola, the Dakneviciute case law confirms the new interpretative trend of the Court of Justice towards greater protection of the migrant self-employed worker who needs to access the welfare of the host Member State in a period of vulnerability. The recommendation is that this course continues, allowing us to overcome the restrictive jurisprudence developed in the Dano trend.
      Citation: European Labour Law Journal
      PubDate: 2020-09-10T12:37:07Z
      DOI: 10.1177/2031952520953867
       
  • ‘Gender inequality- now available on digital platform’: an interplay
           between gender equality and the gig economy in the European Union
    • Authors: Neha Vyas
      Abstract: European Labour Law Journal, Ahead of Print.
      This article is directed towards addressing the employment related issues encountered by female workers in the gig economy in the EU. It revolves around analysing ‘the switch’ from the traditional labour market to the platform economy. It subsequently explains, by drawing comparisons, that the issues of gender inequality in the brick and mortar world are still prevalent in world of the digital platform. In fact, new challenges have emerged which are specifically related to the gig economy. Female workers are now affected by the inherent bias of algorithms. Moreover, due to the unequivocal propagation of ‘flexibility’ which is used as a weapon to glorify the gig economy; women are even more likely to be pushed into precarious work. The other prominent issues of gender inequality like the dynamics of intersectionality, the gender pay gap and hiring policies in traditional and digital platforms are also examined. Furthermore, the existing regulatory frameworks addressing these issues are discussed with the possibility of catering to the gender inequality issues in the gig economy through policy development. The article concludes with a reflection on the need for the EU to take immediate and efficacious policy measures in respect of female workers in the gig economy.
      Citation: European Labour Law Journal
      PubDate: 2020-09-04T11:29:26Z
      DOI: 10.1177/2031952520953856
       
  • The Concept of ‘Worker’ in the Free Movement of Workers and the Social
           
    • Authors: Vincent Février
      Abstract: European Labour Law Journal, Ahead of Print.
      The Concept of worker is the gateway to the access to the protection of labour and social security law. The Court of Justice of the European Union first defined this concept in the field of the Free Movement of Workers in the Lawrie-Blum case. The scope of this article is to compare the definitions used by the Court in the fields of the free movement of workers and in the Social Policy Directives, in order to ascertain to which extent they can differ. Our in-depth analysis of the case law offers a nuanced picture. On one hand, it highlights that the Court tries to extend the application of the Lawrie-Blum formula to Directives which do not refer back to the national definitions of a worker, but that specificities remain in this area, like the emphasis on the link of subordination. On the other hand, for Directives referring to a national concept of workers, the Court began recently to state that, even if the competence of the Member States on this question must be acknowledged, it is not limitless.
      Citation: European Labour Law Journal
      PubDate: 2020-08-25T01:29:41Z
      DOI: 10.1177/2031952520945339
       
  • Dismissal Legislation and the Transition Payment in the Netherlands:
           Towards employment security'
    • Authors: Irmgard Borghouts - van de Pas, Harry van Drongelen
      Abstract: European Labour Law Journal, Ahead of Print.
      The purpose of protection against dismissal is to protect the employee against unjustified dismissal, which is expected to lead to stable employment relationships and job security. In recent years, the concept of employment security has entered the world of policy and science. This article aims to contribute to the field of labour law by investigating the objectives and effects of the Dutch transition payment process in relation to the relatively new notion of employment security. To do so, the ins and outs of the Dutch transition payment process are discussed. We compare and analyse the Dutch dismissal law before and after the introduction of the Work and Security Act (Wet werk en zekerheid (WWZ)) on 1 July 2015. We discuss the (unintended) employer and employee effects of dismissal law reform in the Netherlands and we analyse the objectives of the transition payment in relation to employment security. Based on a large-scale survey of redundant employees we shed light on the question of whether the transition payment is used for the purpose intended by the legislature. This article concludes by discussing the changes to the transition payment and dismissal compensation with the introduction of the new Balanced Labour Market Act (Wet arbeidsmarkt in balans (WAB)) on 1 January 2020. Although the legislature has attributed a clear formal transition function to the transition payment, the transition function is lacking from a substantive law perspective and we conclude that employment security is still in its infancy in Dutch dismissal legislation.
      Citation: European Labour Law Journal
      PubDate: 2020-08-13T08:09:08Z
      DOI: 10.1177/2031952520945338
       
  • 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
       
  • 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
       
  • Are social ‘Rights’ rights'
    • Authors: Catherine Barnard
      First page: 351
      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
       
  • Balancing social and economic fundamental rights in the EU legal order
    • Authors: Sacha Garben
      First page: 364
      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
       
  • Article 47 CFR and the effective enforcement of EU labour law: Teeth for
           paper tigers'
    • Authors: Jeremias Adams-Prassl
      First page: 391
      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
       
  • Effective enforcement of EU labour law: A comparative example
    • Authors: Michael Gotthardt
      First page: 403
      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
       
 
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