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  Subjects -> LAW (Total: 1478 journals)
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    - INTERNATIONAL LAW (188 journals)
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INTERNATIONAL LAW (188 journals)                     

Showing 1 - 188 of 188 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 18)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 11)
Afrilex     Open Access   (Followers: 5)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 24)
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: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 14)
Annual Survey of International & Comparative Law     Open Access   (Followers: 14)
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: 1)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 22)
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: 18)
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: 5)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
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: 5)
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: 13)
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: 18)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access  
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 15)
European Company Law     Full-text available via subscription   (Followers: 12)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 33)
European Journal for Security Research     Hybrid Journal   (Followers: 1)
European Journal of International Law     Hybrid Journal   (Followers: 224)
European Journal of Migration and Law     Hybrid Journal   (Followers: 42)
European Labour Law Journal     Full-text available via subscription   (Followers: 16)
European Political Science     Hybrid Journal   (Followers: 39)
European Property Law Journal     Hybrid Journal   (Followers: 6)
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: 12)
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: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 263)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 11)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 27)
International Journal for Court Administration     Open Access   (Followers: 2)
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: 25)
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: 60)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 25)
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: 40)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 13)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 20)
International Planning Studies     Hybrid Journal   (Followers: 6)
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: 75)
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 Commercial Law and Technology     Open Access   (Followers: 3)
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: 19)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 4)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 35)
Journal of Private International Law     Hybrid Journal   (Followers: 11)
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: 12)
Leiden Journal of International Law     Hybrid Journal   (Followers: 38)
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: 24)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 9)
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: 22)
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: 19)
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: 6)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 5)
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)
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: 11)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 5)
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: 3)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 16)
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: 8)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 13)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 7)
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: 16  
 
  Full-text available via subscription Subscription journal
ISSN (Print) 2031-9525 - ISSN (Online) 2399-5556
Published by Sage Publications Homepage  [1085 journals]
  • Preface to the ELLJ Special Issue: ‘Testing the “personal work”
           relation: New Trade Union strategies for new forms of employment’
    • Authors: Nicola Countouris, Valerio De Stefano, Mark Freedland
      Pages: 175 - 178
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 175-178, September 2019.

      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:30Z
      DOI: 10.1177/2031952519871134
       
  • New trade union strategies for new forms of employment – A brief
           analytical and normative foreword
    • Authors: Mark Freedland
      Pages: 179 - 182
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 179-182, September 2019.

      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:31Z
      DOI: 10.1177/2031952519865824
       
  • Executive summary of the report ‘New trade union strategies for new
           forms of employment’
    • Authors: Nicola Countouris, Valerio De Stefano
      Pages: 183 - 186
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 183-186, September 2019.

      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:29Z
      DOI: 10.1177/2031952519872323
       
  • The ‘personal work relationship’ in Austria
         This is an Open Access Article Open Access Article

    • Authors: Elisabeth Brameshuber
      Pages: 187 - 197
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 187-197, September 2019.
      When assessing the personal work relationship in Austria, first the contractual relationship needs to be scrutinised. Following the differentiation between employees, semi-dependent workers (with the sub-category of employee-like working persons) and businesspersons, all, only some, or none, of the statutes and laws falling under the category of ‘individual labour law’ (e.g. Working Hours Act, Holidays Act etc) apply. Collective bargaining agreements, providing, amongst others, for minimum wages (N.B. there is no statutory minimum wage in Austria), can be concluded for employees only, though (with very few and specific exceptions for persons in the media sector). This paper analyses the legal situations of the different categories of working persons and critically assesses the non-application of most labour laws, including collective bargaining agreements, to employee-like working persons. It questions whether, from a teleological point of view, a different assessment would be necessary.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:30Z
      DOI: 10.1177/2031952519865390
       
  • The classification of employment relationships in Belgium
    • Authors: Mathias Wouters
      Pages: 198 - 218
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 198-218, September 2019.
      This chapter provides an overview of the characteristics of the Belgian employment contract and, in particular, of the concept of ‘subordination’. After having painted a picture of what differentiates an employment contract from a contract for services, it, subsequently, assesses the classification of certain specific examples, such as self-employed persons with only one client. The role of economic dependency in the classification of working relationships is discussed by using these examples. The chapter furthermore emphasises the strong binary divide between employment and self-employment. It goes into more detail on the country’s collective bargaining mechanisms for false and genuine self-employed workers. After having described the Belgian take on identifying the ‘employing entity’, the chapter finishes off by outlining the contemporary debate on the reform of the Belgian classification mechanisms.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:28Z
      DOI: 10.1177/2031952519864196
       
  • New trade union strategies for new forms of employment
    • Authors: Emmanuel Dockès
      Pages: 219 - 228
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 219-228, September 2019.
      This paper records the responses to the questionnaire that was circulated to academics for the purposes of compiling the ETUC publication, ‘New trade union strategies for new forms of employment’. In responding to the questions asked, this paper provides a broad description of how work relationships are organised in French law. It includes an analysis of the French concept of employee. It explains how behind the formal central criterion of this concept – subordination - lies a diversity of factors, supposedly proof elements of subordination. The impact of one of them, worker’s economic dependence, explains how French case law has managed to create a wide concept of employee, and hence a wide application range for Labour Law, including most of platform workers and other new forms of employment. This paper also recalls special French statutes extending the French Labour code to dependant workers like home workers, sales representatives, branch managers (including certain types of franchises), etc. The paper finally explains how and why both subordination and dependency should be officially recognised as alternative or combined criteria to draw the scope of labour protection.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:30Z
      DOI: 10.1177/2031952519870061
       
  • Trade union representation for new forms of employment
    • Authors: Monika Schlachter
      Pages: 229 - 239
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 229-239, September 2019.
      Defining the personal scope of application of the right to be represented by a trade union for collective bargaining purposes starts by defining the notion of employee/worker on whose behalf the conclusion of collective agreements is not disputed. In the German legal system, a sub-category of self-employed persons, known as ‘employee-like’ persons, is also included in the scope of the statute on collective agreements. For all other self-employed persons, however, no such statutory inclusion exists. They are, rather, prevented from collective price setting by (national und EU) competition law. Upon a closer look at the social purpose of exempting collective agreements from the restrictions of competition law, it is necessary to differentiate according to the existence of a structural power imbalance to the detriment of one contracting party much rather than according to the type of contract concluded. Some self-employed persons, specifically those categorised as workers under a new form of employment, do need collective bargaining as much as employees do, as they find themselves in a comparably weak individual bargaining position.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:31Z
      DOI: 10.1177/2031952519870018
       
  • ‘New trade union strategies for new forms of employment’:
           Focus on Italy
    • Authors: Elena Gramano, Giovanni Gaudio
      Pages: 240 - 253
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 240-253, September 2019.
      The article aims at providing an exhaustive description of the current scope of application of labour law, with the goal to assess who is entitled to exercise fundamental labour and social rights within the Italian legal system. More specifically, this assessment is used to test the main hypothesis of the
      Authors of the ETUC report ‘New trade union strategies for new forms of employment’, according to which the idea of the ‘personal work relation’ may be used to redefine the personal scope of application of labour law as applicable to any person that is ‘engaged by another to provide labour, unless that person is genuinely operating a business on her or his own account’. The article concludes that, although the Italian legal system cannot be currently reframed around the idea of the ‘personal work relation’, there are few signs under Italian law of a trend of enlarging the scope of application of labour laws in order to apply certain traditional labour rights not only to employees but also to certain types of independent contractors.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:29Z
      DOI: 10.1177/2031952519870028
       
  • Workers, the self-employed and TRADEs: Conceptualisation and collective
           rights in Spain
    • Authors: Adrián Todolí-Signes
      Pages: 254 - 270
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 254-270, September 2019.
      The subjective scope of application of Labour Law is set by the Statute of Labour. Nevertheless, the interpretation of the Courts is crucial to understand who is a worker in Spain. In this study, the criteria set by the Spanish courts and their evolution are analysed. Recently, the Spanish Supreme Court seems to have abandoned the ‘control test’ criteria for classifying workers and has moved towards a personal conceptualisation of work. This paper shows rulings that prove this evolution. Moreover, Spain has its own Self-employed Workers’ Statute applicable to common self-employed workers and economically dependent self-employees (TRADEs). In this paper I analyse the concept of both types and the individual and collective rights granted to them by the Self-employed Workers’ Statute. Two main conclusions can be drawn: first, the TRADEs are not an intermediate category between employees and self-employees but instead a subcategory of self-employees. Second, the protection granted by the Self-employed Workers’ Statute is clearly insufficient.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:29Z
      DOI: 10.1177/2031952519867544
       
  • Answers to the New trade union strategies for new forms of employment
           questionnaire
    • Authors: Samuel Engblom, Magnus Lundberg
      Pages: 271 - 280
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 271-280, September 2019.
      The personal scope of Swedish labour law is almost exclusively defined by the concept of the employee. Few workers other than employees are covered. From a comparative perspective, the Swedish concept of employee is rather wide, and the exemptions from the personal scope are few. There are no intermediary categories between employees and self-employed workers, but the scope of e.g. some occupational safety and health regulations is extended to cover some self-employed workers. Swedish trade unions are allowed to organise self-employed workers and many unions do so. There are some examples of collective bargaining agreements covering or regulating the conditions of self-employed workers.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:31Z
      DOI: 10.1177/2031952519866536
       
  • UK response to new trade Union strategies for new forms of employment
    • Authors: Mark Freedland, Hitesh Dhorajiwala
      Pages: 281 - 290
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 281-290, September 2019.
      This paper records the responses to the questionnaire that was circulated to academics for the purposes of compiling the ETUC publication, ‘New trade union strategies for new forms of employment’. In responding to the questions asked, this paper provides a broad description of how work relationships are organised in English law, including the various tests and criteria that are relevant to particular work relationship statuses which determine access to both individual and collective employment rights. This also involves discussing the relationship between newer intermediate work relationship statuses, and the traditional binary divide upon which English employment law is premised. The paper finally turns to assessing hypothetical scenarios against the tests for work relationship status in English law, as well as possible reform proposals that could help to increase coverage for workers.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:31Z
      DOI: 10.1177/2031952519866537
       
  • Re-thinking the competition law/labour law interaction: Promoting a fairer
           labour market
    • Authors: Ioannis Lianos, Nicola Countouris, Valerio De Stefano
      Pages: 291 - 333
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 291-333, September 2019.
      The spread of non-standard forms of work, including platform work, has created some friction between labour law and competition law, in particular concerning the collective bargaining of self-employed workers. This article aims to suggest a different, complementary rather than antagonistic, relationship between competition law and labour law. It initially explores the legal construction of the antagonistic relation between labour law and competition law, which is based on the conceptualisation of the two areas of law as separate and isolated legal fields. It explains that such conceptualisation is problematic as it leads to the risk of fundamental conflicts between the two disciplines and some uncertainty as to their respective scope, with the result that the level of labour protection may suffer. This calls for breaking the dichotomy and for ensuring a continuum of protection for various forms of labour, under both labour law and competition law. It thus puts forward concrete suggestions as to the strategies to be followed in order to achieve this goal.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:29Z
      DOI: 10.1177/2031952519872322
       
  • The universality and effectiveness of labour law
    • Authors: Keith D Ewing, John Hendy QC, Carolyn Jones
      Pages: 334 - 338
      Abstract: European Labour Law Journal, Volume 10, Issue 3, Page 334-338, September 2019.
      This short article considers the Workers (Definition and Rights) Bill drafted by the Institute of Employment Rights as a possible solution to the intractable problem of employment status in the United Kingdom, to which Countouris and De Stefano refer. It does so in the context of ILO principles of ‘universality’ and ‘effectiveness’ of labour law, and three important ILO Declarations.
      Citation: European Labour Law Journal
      PubDate: 2019-09-05T08:54:31Z
      DOI: 10.1177/2031952519871760
       
  • The position of volunteers in EU-working time law
         This is an Open Access Article Open Access Article

    • Authors: Martin Risak
      Abstract: European Labour Law Journal, Ahead of Print.
      One aspect also addressed in the Matzak case is the personal scope of the Working Time Directive 2003/88 (WTD), as Mr Matzak is a ‘volunteer firefighter’ and it is not clear if such persons are covered by this piece of EU legislation. This article will therefore first explore the notion of ‘volunteer’ and then examine under what circumstances volunteers are to be considered workers for the purpose of the WTD. It will become evident that the element of remuneration/pay has a special relevance in this context although this is not really in line with the health and safety purpose of the WTD. A purposive approach of defining the personal scope of application of the WTD might lead to more suitable results.
      Citation: European Labour Law Journal
      PubDate: 2019-11-19T04:20:44Z
      DOI: 10.1177/2031952519886150
       
  • The classification as ‘worker’ under EU law
    • Authors: Adam Sagan
      Abstract: European Labour Law Journal, Ahead of Print.
      The paper discusses the concept of the term worker in European labour law, focusing on the decision of the Court of Justice of the European Union in the Matzak case. First, the facts that are essential to Mr Matzak’s qualification as a worker are presented. In a second step, the part of the Court’s decision which refers to the concept of ‘worker’ is analysed. The third and main part deals in detail with the current discussion of the concept of the term ‘worker’ in EU law. This analysis should make it possible to systemise the decisions of the Court. Finally, an attempt is made to classify the decision of the Court in the Matzak within its own case law and to assess its consequences for future decisions.
      Citation: European Labour Law Journal
      PubDate: 2019-11-12T02:38:24Z
      DOI: 10.1177/2031952519886143
       
  • The Matzak judgment of the CJEU: The concept of worker and the blurring
           frontiers of work and rest time
    • Authors: Manuel Antonio García-Muñoz Alhambra, Christina Hiessl
      Abstract: European Labour Law Journal, Ahead of Print.
      The CJEU’S Matzak judgment raises diverse and important questions concerning (not only) working time regulation in the European Union. The present special issue sheds light on some of these questions, more specifically with regard to the Working Time Directive‘s personal scope as well as the notions of working time and rest time under EU law. The Directive’s scope is linked to the concept of worker and the criteria to construct it and, in the context of the Matzak case, leads to interesting questions about the position of volunteers in EU law and the problem of concurrent contracts. In this respect, exploring a purposive approach attending to the health and safety aims of the Directive may be fruitful. The boundaries between working time and rest time are far from clear, especially in situations of stand-by and on call time. Here the proposal of an intermediate category related to the idea of quality of rest time is discussed.
      Citation: European Labour Law Journal
      PubDate: 2019-11-11T02:22:29Z
      DOI: 10.1177/2031952519886153
       
  • Potential implications of the Matzak judgment (quality of rest time, right
           to disconnect)
    • Authors: Leszek Mitrus
      Abstract: European Labour Law Journal, Ahead of Print.
      The present elaboration is dedicated to one of the aspects of the Matzak judgment, where CJEU ruled that a standby time which a volunteer firefighter spends at home with the duty to respond to calls from his employer within a few minutes, very significantly restricting the opportunities to do other activities, must be regarded as working time under the Directive 2003/88. The position of the Advocate General, who suggested that ‘the degree of freedom enjoyed by the worker’ and ‘the quality of time’ while a worker is on standby duty should be assessed, as well as the Court’s opinion, that the temporal and geographical constraints imposed on the on-call worker are of decisive importance, have been analysed. In the Author’s view, the binary relationship between ‘working time’ and ‘rest period’, as provided by Directive 2003/88, does not always meet the requirements of the current labour market. Moreover, in the digital age the ‘rest period’ does not necessarily amount to genuine free time. The Author examines possible further legislative developments concerning the concepts of working time and rest period, including the newly emerging idea of the right to disconnect, i.e. the worker’s ability to disconnect from work, especially by not engaging in electronic work-related communications during his rest period.
      Citation: European Labour Law Journal
      PubDate: 2019-11-07T02:58:05Z
      DOI: 10.1177/2031952519886149
       
  • Between health and salary: The incomplete regulation of working time in
           European law
    • Authors: Vincenzo Ferrante
      Abstract: European Labour Law Journal, Ahead of Print.
      The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.
      Citation: European Labour Law Journal
      PubDate: 2019-11-07T02:57:25Z
      DOI: 10.1177/2031952519886144
       
  • Taking EU labour law beyond the employment contract: The role played by
           the European Court of Justice
    • Authors: Emanuele Menegatti
      Abstract: European Labour Law Journal, Ahead of Print.
      The ongoing transformation of work has been increasing the number of working relationships not falling within the domain of labour law. Non-standard and contingent working arrangements, most recently those prompted by the so-called gig economy, struggle to meet customary employment tests, since the employee/self-employed dichotomy has long been eclipsed. As this article will argue, the Court of Justice of the European Union, in shaping the scope of EU labour law, has been looking beyond the traditional categories. Starting from the area of the free movement of workers, the Court has built a common European concept of worker, broader than that of ‘employee’ endorsed by national jurisdictions, applying it to an increasing body of EU social legislation. Because of the primacy of EU law, the Court’s approach is bound to influence national laws.
      Citation: European Labour Law Journal
      PubDate: 2019-11-07T02:56:45Z
      DOI: 10.1177/2031952519884713
       
  • Fixed-Term work: Recent developments in the case law of the Court of
           Justice of the European Union
    • Authors: A.P. van der Mei
      Abstract: European Labour Law Journal, Ahead of Print.
      This contribution provides an analytical overview of recent case law of the Court of Justice of the European Union on the framework agreement on fixed-term work (FTW agreement). The cases discussed virtually all concerned fixed-term work in the public sector and, in essence, raise the delicate question of whether the non-discrimination rule and the rules on fighting abuse of successive fixed-term employment relationships, demand from Member States to sacrifice classic notions of public service employment. The case law reveals that the Court leaves the Member States considerable discretion in hiring fixed-term workers instead of permanent workers or civil servants.
      Citation: European Labour Law Journal
      PubDate: 2019-11-07T02:55:45Z
      DOI: 10.1177/2031952519883487
       
  • People with intellectual disabilities and labour market inclusion: What
           role for EU labour law'
    • Authors: Mark Bell
      Abstract: European Labour Law Journal, Ahead of Print.
      People with intellectual disabilities occupy a peripheral position in the labour market. They have low rates of participation in employment and this often takes the form of sheltered employment in settings segregated from persons without disabilities. Although their working lives have received limited attention in legal scholarship, this article argues that law can play a positive role in fostering greater inclusion. Taking into account the UN Convention on the Rights of Persons with Disabilities, this article analyses EU legislation and case law in order to identify how these apply to those working in sheltered employment and how they may assist in tackling barriers to participating in the open labour market. While EU labour law already contains measures that have the potential to improve the position of people with intellectual disabilities, the article identifies scope for enhancing the effectiveness of these instruments.
      Citation: European Labour Law Journal
      PubDate: 2019-10-22T03:11:31Z
      DOI: 10.1177/2031952519882953
       
 
 
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