bluuebunny/crossref_metadata_2025 huggingface dataset:
The Potential of Article 4(2) TEU in the Solution of Constitutional Clashes Based on Alleged Violations of National Identity and the Quest for Adequate (Judicial) Standards
Authors: Di Federico Giacomo
Published: April 2022

The contribution aims at determining the added value, if any, of Article 4(2) Treaty on European Union (TEU) in the prevention and solution of constitutional conflicts related to the alleged violation of national identity. To that end, the article considers the growing tensions in the dialogue between constitutional courts and the European Court of Justice (ECJ), in particular those emerging from the Gauweiler and M.A.S. and M.B. cases, and examines how the Luxembourg judges have interpreted and applied the identity clause vis à vis challenges based on the need to protect national prerogatives. The contribution thus dwells on the nature and scope of Article 4(2), TEU in light of the principles of conferral, loyal cooperation, subsidiarity and proportionality. Based on the case law following the entry into force of the Lisbon Treaty, and the recent disquietude manifested by the German and Italian constitutional courts, the article finally advocates the elaboration of a more restrictive notion of national identity by the ECJ, as well as the development of clearer rules of conflict when the constitutional specificities of the Member States are (allegedly) on a collision course with EU law.
Enforcement of Harmonization Relying on the Country of Origin Principle
Authors: Engsig Sørensen Karsten
Published: April 2022

The Country of Origin (COO) Principle is frequently used as the template for secondary legislation aiming at realizing the internal market. The main feature of the harmonization using this model is that the home Member State should enforce the minimum requirement agreed on for issuing the relevant authorization, licence, etc. The other Member States in which the authorization, etc., is used (the host Member States) should recognize the harmonization and should neither enforce their own conditions for issuing an authorization, etc., nor try to make a parallel enforcement of the harmonized minimum requirement. Thus, the proper compliance with this type of harmonization faces two challenges: how to ensure that the host Member State enforces the minimum requirements agreed upon and continues to ensure that these are complied with, and how to ensure that the host Member States do not take it upon themselves to enforce the same requirements. If these two challenges are not overcome, the harmonization is not likely to work as intended, and consequently both the EU legislator and the Court of Justice of the European Union have taken different steps to overcome these challenges. By focusing on a selection of different areas using the COO Principle (insurance, driving licence, road haulage transport, audiovisual media services and credit institutions) these challenges and the remedies put in place to overcome them are analysed. This includes an analysis of recent reforms undertaken in these areas as well as an analysis of relevant case law. It is shown that different approaches have been used successfully to ensure better compliance, but there also seems to be approaches that are either less functional or a ‘no go’.
Beware of Courts Bearing Gifts: Transparency and the Court of Justice of the European Union
Authors: Costa Marios , Peers Steve
Published: April 2022

This article reconsiders the principle of transparency in the European Union (EU) legal order and takes as its focal point the contribution of the EU Courts as regards the presumptions of non-disclosure of EU documents. The aim is to investigate the role played by the judiciary in relation to a twofold question: How open can the Union’s decision-making be, and is it possible for citizens to participate in the decision-making process of EU institutions, bodies, offices and agencies? The article argues that accountability deficits in the field of access to documents have been filled, to an extent, by the EU Courts’ imposition of boundaries on the broad derogations to the right of access to documents. But nevertheless, the article concludes that the establishment through the case law of general presumptions against openness has fundamentally weakened the standards of accountability. Rather regrettably, although the EU legislature set the default position to the widest access to documents, this has been reversed to non-disclosure by the EU judiciary as regards non-legislative documents.
European Political Parties and the Respect for the Values on Which the European Union Is Founded Between the European Legislation and the National Laws
Authors: Grasso Giorgio , Perrone Roberto
Published: April 2022

This article argues that, in the current period of crisis that the European Union is facing, and after the European elections of May 2019, an answer may lie in the strengthening of democratic participation of citizens in the life of the Union, and that European political parties could be one of the key features of this possible solution. Regulation no. 1141/ 2014 establishes several conditions for the registration of a political body as a European political party or a European political foundation, including the respect for the values on which the EU is founded, mentioned in Article 2 of the Treaty on European Union (TEU). The same Regulation also introduces an Authority entrusted with the task of ensuring that such conditions are respected. The article examines the powers of the Authority and offers a brief comparison with a similar body established in Italy, the Commission for the guarantee of political parties’ internal rules and for the transparency and control of political parties’ accounts. It also considers several practices adopted under Regulation no. 2004/2003, the former Regulation on European political parties and foundations. The article also focuses on the issue of compliance of European parties with requirements established by national laws. In conclusion, the article holds that the conditions set by Regulation no. 1141/2014 and the establishment of an Authority entrusted with surveillance of compliance with relevant EU law may appear useful in order to strengthen the position of European political parties as a means to increase the participation of European citizens to political life of the Union and as an instrument to defend democracy and constitutionalism in the EU; however the procedures established by the Regulation are too complex and the real power, in case of a suspected breach of fundamental values of the EU, belongs to European institutions, thus the decision is in the final instance a political one.

European Political Parties, European Fundamental Values, Democracy, Constitutionalism, Registration of European Political Parties, Authority for European political parties and European political foundations
Interoperability Between EU Policing and Migration Databases: Risks for Privacy
Authors: Aden Hartmut
Published: April 2022

The interoperability initiative passed in May 2019 as Regulations (EU) 2019/817 and 818 seeks new strategies for identifying dangerous individuals who use false or multiple identities. The EU’s databases in the Area of Freedom Security and Justice (AFSJ) for policing and migration purposes will be interconnected. This constitutes a paradigm shift for purpose limitation as a core element of data protection. This article identifies regulatory patterns and shortcomings in the technical and legal data protection arrangements of the interoperability regulations. The legal framework for data protection in the EU has developed considerably with the General Data Protection Regulation (GDPR) 2016/679 and with Directive 2016/680 for policing and criminal justice. The European Data Protection Board, a multilevel accountability forum in which European and national data protection authorities cooperate has been established. From a trans-disciplinary legal, public administration, and public policy perspective, this article analyses the regulatory patterns and institutional settings established for the upcoming interoperability of databases for policing and migration.

EU migration and policing databases, police information sharing, interoperability, data protection, privacy, accountability, eu-LISA, Europol, Schengen Information System, Visa Information System, EU external borders
Interoperable Databases: New Cooperation Dynamics in the EU AFSJ?
Authors: Galli Francesca
Published: April 2022

At present EU institutions and agencies as well as national legislators have ambitious agendas on law enforcement authorities’ access to interoperable information systems, which have become a defining feature of the Area of Freedom, Security and Justice (AFSJ). They are the most advanced form of information exchange, conferring direct information access to competent authorities. Interoperable information systems are intended for the exchange of raw material for investigation purposes, which at a later stage could become evidence at trial. Interoperable information systems challenge existing cooperation dynamics and redefine the role of the actors involved. It is questionable whether mutual recognition and approximation, which have been considered the cornerstone of judicial cooperation in both civil and criminal matters for many years, can describe alone integration dynamics in law enforcement cooperation, particularly with reference to information sharing. This article appraises whether, and to what extent, law enforcement access to and use of interoperable information systems constitute new modes of law enforcement cooperation in the EU AFSJ. It then assesses what would be the implications of such a paradigm shift on information management. After a short overview of the main features of interoperability, it addresses whether and how the establishment and functioning of interoperable information systems actually or potentially redefines the existing distribution of tasks between the EU and Member States and among competent authorities of different kinds.

European Union, Area of Freedom Security and Justice, law enforcement, information management, interoperability, approximation, mutual recognition, principle of availability, platform integration
Data Storage by Public Administrations
Authors: Carullo Gherardo , Ernst Christian
Published: April 2022

public administration, databases, digitalization, data storage, outsourcing, internalization, digital sovereignty
Functional Approach and Economic Activity in EU Competition Law, Today: The Case of Social Security and Healthcare
Authors: Gallo Daniele
Published: April 2022

In EU competition law, the concept of economic activity is governed by a functional approach whereby for an entity to be considered an undertaking it must provide services for remuneration in a market context, albeit only potentially. With regard to social security and healthcare, the article argues that there is uncertainty as to whether the aforesaid approach has been endorsed by the EU institutions. Today, exacerbating this uncertainty are conflicting trends in the case law of the CJEU and the practice of the European Commission on the relevance of the principle of solidarity in assessing Member States’ laws and regulations. This uncertainty should be remedied by the two institutions taking a clear stance on the issue. In this respect, better advantage could be taken of Article 106(2) TFEU as a balancing tool.

economic activity, competition law, social security, healthcare, CJEU
Administrative Constitutional Review in Sweden: Between Subordination and Independence
Authors: Wenander Henrik
Published: April 2022

The article examines the power of administrative bodies to assess the constitutionality of legislation (‘administrative constitutional review’), taking examples from Swedish public law. The Swedish constitution explicitly requires all public bodies to engage in administrative constitutional review when necessary. In this way, Swedish administrative authorities have the right and duty to act as guardians of the rule of law. This competence relates to the historical development of Swedish public law, which deviates from most other European constitutional systems by organizing all state administrative authorities as separate public organs detached from the Government and the ministries. The Swedish constitutional obligation is parallel to EU law requirements on national administrative organs to set aside national legislation in conflict with directly applicable EU law (‘the Costanzo obligation’). Against the background of practical examples in Swedish law, the article identifies theoretical and practical challenges for administrative bodies to engage in constitutional review. These include the risk of disturbing constitutional structures by putting lower administrative authorities on par with the parliament. The possible problems of lack of legal expertise and the problem of independence in practice are also discussed. At the same time, the concept of administrative constitutional review has a potential to protect the constitutional system, including the fundamental rights of individuals.

administrative constitutional review, separation of powers, rule of law, administrative independence, Swedish administrative model, Costanzo
Public Administration Algorithm Decision- Making and the Rule of Law
Authors: Matteucci Stefano Civitarese
Published: April 2022

This article revolves around the search for statutory recognition of the use of algorithmics (including rule-based systems) to make decisions. Thus, the focus is on whether a powerconferring rule is necessary before an administrative authority may issue a valid automated decision. By claiming that such a power-conferring rule is not only desirable but also a legal requirement, one contends that the shifting to automated decision making in the public sector is simply a by-product of reengineering bureaucratic practice through Information and Communication Technology. The issue is essential because there are several cases throughout Europe and beyond in which the latter is precisely the case. Moreover, values such as efficiency and flexibility to adapt to fast technological change could be considered sound justificatory arguments to purport that automated decision-making in the public sector should not be governed through the traditional arsenal of the rule of law. The primary purpose of the article is to offer a first conceptual skeleton to sow the seeds for further research on a normative claim that automated public administration decision-making should, nonetheless, be implemented in light of the rule of law. Secondly, it offers some recommendations for a legal framework to govern such a practice. The background idea is that focusing on the legal power to make an automated decision constitutes a necessary step to guarantee that the ethical and political principles that should undergird the adoption, development and implementation of any form of algorithmic decisionmaking in the public sector are appropriately and adequately taken into account.

public sector, automated decisions, rule of law, algorithms
Economic versus Social Convergence in Hungary Preparing for EU Membership
Authors: Farkas Orsolya
Published: April 2022

Abstract: The present article aims to point to some contradictory aspects of the forthcoming Eastern Enlargement of the EU. These contradictions can be perceived both between the EU and the Candidate Countries, and Hungary. It will be highlighted that the formal transposition of the ‘social and labour law acquis’, does not automatically mean substantial alignment. There is an urgent need to attribute a prominent role to solidarity and social inclusion as fundamental values, since not everybody is capable of adapting to the drastic economic and social changes, Eastern Europeans had to go through during the last decade when economic transformation took precedence over social issues.
Interaction between Labour Market and Social Protection Systems: Policy Implications and Challenges for the Social Partners
Authors: Sarfati Hedva
Published: April 2022

Abstract: This article highlights the major shifts that have taken place in the labour market and the broader socio-economic context over the past three decades in the OECD countries, bringing about major changes in the welfare state to ensure its sustainability. These ongoing reforms challenge a broad range of acquired rights and raise major policy issues for decision-makers and the social partners. They also provoke adverse effects and therefore require a broad social dialogue on the most effective policy mix. There are major obstacles to achieving consensus, but some countries have succeeded more than others, by adopting different strategies.
Work-Family Policies on Working Time in Practice. A Comparison of Dutch and German Case Law on Working-Time Adjustment
Authors: Burri Susanne D. , Opitz Heike C. , Veldman Albertine G.
Published: April 2022

Abstract: Recently an individual right to part-time work was introduced in the Netherlands as well as in Germany, implementing work-family policies. These Acts on working-time adjustment are comparable, as the German Act was modelled on the Dutch one. The respective laws allow the employee a working-time reduction unless business reasons preclude it. Both Acts have been in force for over two years, presenting us with an initial opportunity to study their impact so far, and to consider whether the law indeed puts work-family policies effectively into practice. So far, the German and Dutch courts have found in favour of working-time reduction in the majority of claims. However, some difficulties remain in respect of the swiftness of court decisions, the interpretation of business reasons and inconsistencies between the number of hours and the pattern of working-time established.
Ora et Labora – On Freedom of Religion at the Work Place: A Stakeholder cum Balancing Factors Model
Authors: Fahlbeck Reinhold
Published: April 2022

Abstract: Religious pluralism has become a fact in most European countries. So have religious manifestations and symbols in schools and at places of work, in particular non-Christian, the Muslim scarf being the most controversial case. The purpose of this article is to analyse and reflect on the extent to which it is possible to combine work and religious manifestations in Europe today. The article focuses on the 1950 European Convention on Human Rights and case law under it but discusses some national law as well. The text is problem-oriented, abstaining from providing even a cursory survey of freedom of religion under the Convention. Five areas are singled out for analysis. They all pit freedom to manifest religion against some other value, from (1) the supra-norm of democracy via (2) freedom from religion, (3) right to gender equality and (4) freedom of contract to (5) mundane norms concerning the management and running of private enterprises. The balancing of competing interests is shown often to be of a most delicate nature. To conclude, a model for resolving competing interests is presented. It involves two components: schemes (1) to determine the stakeholders and (2) to assess the character in various respects of the interests of each stakeholder.
The Regulation of Workplace Sexual Harassment in Greece: Legislation and Case Law Analysis
Authors: Magliveras Konstantinos D.
Published: April 2022

Abstract: Unlike other European countries, Greece has still not adopted specific legislation addressing sexual harassment practices in the workplace. Empirical research has shown that workplace sexual harassment is endemic in Greece. On the one hand the article undertakes an examination of the relevant provisions in the Constitution, the Civil Code and the Criminal Code as well as the applicable provisions in collective employment agreements and, on the other hand, analyses the recent case law dealing specifically with workplace sexual harassment. It concludes that, despite the lack of specific legislation, the existing legal framework offers a reasonable measure of protection for the victims of sexual harassment.
Approaching Religious Discrimination at Work: Lessons from Canada
Authors: Vickers Lucy
Published: April 2022

Abstract: This article contains an overview of the provisions of the Employment Equality (Religion or Belief) Regulations 2003, in force in the UK since December 2003, highlighting some of the difficulties which may face courts in dealing with religious discrimination in the workplace. It goes on to consider how such issues have been dealt with in Canada, where similar protection has been available for some time. Issues include how courts determine a person’s religion, how much effort is required of employers to accommodate the religious needs of employees, and how to deal with occupational requirements of religious bodies, in particular where these create a clash between different types of discrimination rights.
The Efficacy of Statutory Union Recognition under New Labour: A Comparative Review
Authors: McArthur Brian B.
Published: April 2022

Abstract: Now that the dust has settled over the introduction and review of statutory recognition procedures in Britain, perhaps it is time to comment on the overall effectiveness of the legislation from a comparative perspective. This article follows the historical development of union recognition in Britain and the response to it by various governments and special interest groups. The intent underpinning the law is examined followed by a jurisdictional comparison using the key indicators of freedom of association, industrial stability and workplace dialogue. The new British legislation, despite its shortcomings, has been moderately effective in contributing towards the government’s partnership agenda. Although the legislation is not as effective as the Canadian law, it is vastly better than the American system that has failed to develop into an instrument of balanced or fair public policy.
Globalisation and Core Labour Standards: Compliance Problems with ILO Conventions 87 and 98. Comparing Australia and other English-Speaking Countries with EU Member States
Authors: Isaac Joe , Biffl Gudrun
Published: April 2022

Abstract: In the wake of globalisation, certain ILO Conventions have assumed greater prominence in recent years. This paper focuses on ILO principles related to trade union rights and collective bargaining embodied in ILO Conventions No. 87 and No. 98. It is argued that some countries have enacted legislation and tolerated industrial behaviour incompatible with these standards. In the absence of effective international enforcement powers, governments in some countries have ignored the requests of the ILO for adherence to its principles with impunity. This issue is discussed in connection primarily with recent Australian experience and with brief observations on that of a number of English-speaking countries. The policy and practices of these countries on Conventions 87 and 98 are contrasted with those of the continental EU countries. Finally, the question is raised as to whether some of the ILO?s principles underlying these Con­ventions need to be re-examined.
The Right to Privacy and the Conceptualisation of the Person in the Workplace: A Comparative Examination of EU, US and Australian Approaches
Authors: Teicher Julian , O’Rourke Anne , Pyman Amanda
Published: April 2022

This paper examines the emerging debate on workplace privacy regulation in Australia by reference to related developments in the United States, the United Kingdom and selected European countries. Exploring the theoretical underpinnings and practical outcomes of the different approaches, the authors argue that Australia should reject the market-friendly model exemplified by the United States approach and adopt the more comprehensive and integrated approach found in Europe.
Contradictions in Chinese Trade Unionism
Authors: Leggett Christopher , Shen Jie
Published: April 2022

This study examines the changing status and roles of the All China Federation of Trade Unions (ACFTU) in industrial disputes. It also examines unionization, union autonomy, workers’ organizations and their governance and unions’ prospects under the transitional economy. Although a consistency with past studies emerges from the findings, the extent and direction of change in Chinese industrial relations is revealed. It distinguishes trade unions at the enterprise from those at the higher level. Trade unions at the enterprise level are part of and represent the interests of the management of the enterprise. Trade unions at the higher level are subordinate to and part of the Party-state, and represent both workers and employers, acting as ‘messengers’ and ‘mediators’ in resolving labour disputes. Trade unions at enterprise level, as part of enterprise management, mediate between workers and management or suppress worker’s actions in labour disputes. Independent trade unions and collective bargaining appear to be unlikely to emerge in the near future of China in the current political framework.
Adapting to the European Employment Strategy? Recent Developments in Italian Employment Policy
Authors: Graziano Paolo
Published: April 2022

The paper examines recent changes in Italian employment policy in the light of the launch and development of the European Employment Strategy. The first section emphasizes some key quantitative aspects of employment and unemployment issues (§ 1), followed by an outline of the evolution of Italian labour market (§ 2), an exploration of the endogenous and exogenous pressures (and opportunities) for change and the dynamics of institutional change (§ 3), and a discussion of the possible new institutional configuration with particular reference to the most recent reform (the Biagi Law, that introduced further changes) (§ 4). Some final remarks (§ 5) on the current debate conclude the presentation of the Italian case.
The Role of Dynamic Employment Policies in the European Labour Market
Authors: Dragicevic Mirjana , Obadic Alka
Published: April 2022

In the last 15 years, impressive developments have take place in the labour market both in the EU and Central and Eastern European (CEE) countries. The shrinking of the labour force and declining rates of participation are common both to the old and new EU Member States, due to the sharp decline in labour demand and to specific demographic trends. Although situations vary in each CEE transition economy, there are some common characteristics. The remarkable fall in GDP at the beginning of the transition period, caused by privatization and restructuring, was accompanied by a sudden decline in employment. After an analysis of labour market developments and trends in the old and new EU Member States, this paper concentrates on the development of employment policies. The aim of new dynamic and innovative employment policies is rapid job-creation and solving the unemployment problem in flexible and challenging economic and labour market conditions.

As the effects of institutions and policies on labour market performance are country- and time-specific in CEE countries and Western Europe, a comparative cross-country analysis is presented. Dealing with dynamic employment policies in EU Member States, some positive examples are examined as the lessons and policy recommendations for future development in CEE countries. The conclusion of analysis is that only an integrated policy approach can solve the problem of structural unemployment caused by a mismatch between labour supply and demand.
Flexibilization, Modernization and the Lisbon Strategy
Authors: Huiskamp Rien
Published: April 2022

The ambition of the Lisbon strategy is to make Europe the most competitive region in the world by 2010. Halfway into the ten-year strategy this ambition appeared to be unlikely to be achieved. In response, the Commission relaunched the strategy in 2005. The basic idea behind the relaunch is that EU competitiveness will be boosted by focusing on two policy instruments: flexibilization and modernization of the social policies of Member States. This paper offers a critical review of the strategy, arguing that the results of the revised strategy may turn out to be unsatisfactory, because of potential obstacles associated with these instruments. The conclusion is that a coherent flexicurity approach alone will not be sufficient, and that a more balanced approach to modernization should also be developed.
Fixed-term Employment Contracts: The Exception to the Rule?
Authors: Blanpain Roger
Published: April 2022

Abstract: This article examines the use of fixed-term employment contracts, and the limits that are placed on their use in EU Member States such as Belgium and the Netherlands. A failure on the part of the employer to comply with the provisions regulating such contracts leads to their transformation into open-ended employment contracts. The article then considers the case of contractual agents hired by the EU on three-year contracts to perform permanent tasks and functions, on a different pay scale to that of permanent officials. The author highlights the fact that this practice is in contrast with the general principle of equal pay for equal work, and with the framework agreement on fixed-term contracts negotiated between the social partners at EU level in 1999. The rulings of the European Court of Justice in Adelener and in Vassallo are also examined in this connection. In conclusion, the author points to the need for the EU social partners to reconsider this issue in the light of general (European) legal principles.
European Flexicurity Policies: A Critical Assessment
Authors: Funk Lothar
Published: April 2022

This paper examines whether the principal ideas of flexicurity – the combination of labour market flexibility and security for employees – can potentially be regarded as the lowest common denominator of the controversial European Social Model as the European Commission intends to implement flexicurity policies in all Member States. The main theme of the analysis is an evaluation of whether and under what conditions the concept of flexicurity can be regarded as beneficial in attempts to solve labour market problems in the European Union. The critical examination casts doubt on too strong an emphasis on this new paradigm as it may lead to potentially counterproductive results in at least some Member States.
A More ‘Autonomous’ European Social Dialogue: The Implementation of the Framework Agreement on Telework
Authors: Visser Jelle , Ramos Martín Nuria
Published: April 2022

This paper examines the implementation of the first ‘autonomous’ agreement signed by the European social partners. The European Framework Agreement on Telework of July 2002 was to be implemented ‘in accordance with the procedures and practices specific to management and labour and the Member States’, using the first implementation route of Article 139 (2) of the EC Treaty. The paper describes and examines the measures taken in the 27 Member States of the European Union as well as Iceland and Norway. The final conclusion of this study is that in implementing the European Framework Agreement on Telework, most social partners and Member States have followed, as intended, methods conforming to their industrial relations traditions. There were very few surprises, though some interesting examples of renewal of the social dialogue process itself were noted.
Dispelling a Myth?: Union Affiliation and its Impact on Attitudinal Outcomes
Authors: Edgar Fiona , Geare Alan , McAndrew Ian
Published: April 2022

Union affiliation is often viewed with cynicism by both managers and some academics in the field of human resource management. This research note reports New Zealand data from an exploratory study which examines the relationship between union affiliation and a range of workplace attitudes commonly considered as related to positive performance outcomes for the organization. Using a survey approach, the views of managers, supervisors and workers are assessed. Differences between groups are identified using t–tests. This study finds no discernible difference to exist between past union affiliation and views about employment relations, organizational commitment, job satisfaction and HRM effectiveness for all three of the groups examined. However, differences are evident for current union membership. This tended to be associated with comparatively lower ratings across nearly all of the attitudinal dimensions examined for both supervisors and workers, but not for managers. Also of interest, this study finds the lowest ratings recorded for all three groups to be in relation to the practice of HRM.
Protecting the Housekeeper: Legal Agreements Applicable to International Migrant Domestic Workers
Authors: Ghosheh Naj
Published: April 2022

International migration over the last forty years has been one of the fastest growing phenomena in the world. Many migrants have taken up informal work, such as work in households doing domestic chores and other work. Due to the informal nature of this work and the fact that it is located in the home rather than a large work space with many employees (such as a factory), the so-called ‘employment relationship’ does not always offer decent working conditions or ways to resolve disputes between workers and employers. After a number of high-profile cases of abuse, governments have become more active in negotiating bilateral agreements or memoranda of understanding to address these issues for international migrant domestic workers. This paper will explore the issues and the legal tools used to provide a semblance of equity to the working relationships between international migrant domestic workers and their employers, as well as suggesting what should be done in the future.
Trends and Developments in Employment Relations and the World of Work in Developing Countries
Authors: Fashoyin Tayo
Published: April 2022

This article takes as its starting point the fundamental changes in the past two to three decades in labour market institutions and processes in the developing countries of Africa, Asia, and Latin America. The article examines two critical forces in the evolution and development of employment relations in many of these countries: the transformation from dictatorship to democracy and the globalization of national economies. The author provides an outline of the forces at play and their implications for employment relations; it considers public policy responses and their effect on workers and employers’ organizations. It then examines the changing nature of collective bargaining, the most critical benefit of unionization. Finally, the article discusses the role of national-level social dialogue and its contribution to social and economic policy making.
The New Directive on European Works Councils: Innovations and Omissions
Authors: Alaimo Anna
Published: April 2022

This article examines Directive 2009/38/EC concerning the establishment of a European Works Council (EWC) or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees, approved by the Parliament and the Council on 6 May 2009. Starting from the revision of the 1994 Directive, this article concentrates on the innovative aspects and ‘omissions’ in the new Directive. The main aims of the new Directive are the determination of the powers of the EWC, now limited to ‘transnational issues’; the definitions of information and consultation; and the specification of preliminary information in the setting up of an EWC – in particular, information concerning the structure of the business (or group) and the number of employees. The most significant ‘omission’ in the new Directive is the lack of any reference to the negotiating activity of the EWC, that as a general rule has given rise to forms of ‘transnational collective bargaining’ and which, in recent years, has been the subject of numerous studies and research initiatives promoted by the European Commission. In conclusion, it is argued that the question of the (uncertain) legitimacy of EWCs as negotiating partners – and of the possible regulation of the forms of ‘transnational collective bargaining’ – remains complex and difficult to resolve.
Employment Prospects in the Green Economy: Myth and Reality
Authors: Rustico Lisa
Published: April 2022

The paper examines the concept of the green economy, focusing on its impact on the labour market in terms of employment opportunities. The green economy is often regarded as effective both in environmental and employment terms, creating new jobs while dealing with environment protection issues, for example, climate change, pollution, emission reductions, and so on. In an attempt to identify a shared definition of ‘green jobs’, reference is made to research carried out by international institutions, such as International Labour Organization (ILO) and CEDEFOP, as the green economy has both political and educational implications. This is particularly true when considering the need for ‘green’ skills. The paper calls for a rethinking of green issues, especially with regard to new skills requirements in the green sector. Workers, especially women, should be supported in the process of adaptation and transition, by means of policies providing on-the-job training and retraining, and participation in decision making. Social dialogue and industrial relations can play a key role in this connection, as a catalyst for change, gender equality, and the promotion of green policies.
The End of Jobs: A Case of Theoretical Convergence?
Authors: Zylberstajn Hélio
Published: April 2022

This article compares two theoretical and methodological approaches in labour economics: the supply-side view, identified with neoclassical economics, and the demand-side approach, linked to institutional views. The objective is to discuss the hypothesis of the end of jobs from both perspectives. After examining and comparing the two conflicting views on several issues of labour economics and labour markets, the paper examines the connections between the employment relationship and the nature of the knowledge needed to perform the tasks assigned to the job and concludes that both views share a convergent conclusion on this issue. The paper then discusses some implications for public policies and organizational policies.
The Right to Strike in EU Member States: A Comparative Overview with Particular Reference to Lithuania
Authors: Petrylaité Daiva
Published: April 2022

In all European Union (EU) Member States, the right to strike is an important part of collective action in labour disputes for employees to protect their lawful interests. In a comparative perspective, this article analyses the theoretical and practical aspects of the right to strike in individual Member States, legal regulations specifically dealing with this right, implementation provisions, and procedures for calling strikes. This article provides a comparison between a number of EU Member States and examines the experience of old and new EU Member States, with particular reference to recent developments in Lithuania.
Employment Agencies: International Norms and Developments in South Africa
Authors: van Eck Stefan
Published: April 2022

South Africa is in the process of introducing new policies regarding the regulation of employment agencies. The International Labour Organization (ILO) has been concerned about the regulation of employment agencies since 1919. In South Africa, it is evident that workers placed by employment agencies are worse off than their counterparts who are directly employed by the employer. Should employment agencies be prohibited or should the industry be regulated? Towards the end of 2010, South Africa published amendments to its labour legislation that suggested that a ban be placed on employment agencies. The goals of this contribution are: to traverse the development of international standards in respect of employment agencies; to compare the regulation of employment agencies in South Africa and Namibia; and to determine whether the Private Employment Agencies Convention 1997 (No. 181) has played a meaningful role in influencing the current discourse in Southern Africa despite the fact that this convention has not been adopted. In this contribution, it is argued that a prohibition of employment agencies would contravene international standards. Even though the ILO convention dealing with employment agencies has not been adopted, it already had an influence on developments in Southern Africa. Arguments in favour of the banning of employment agencies have been placed on hold for the moment.
Crisis in the ILO Supervisory System: Dispute over the Right to Strike
Authors: Swepston Lee
Published: April 2022

The International Labour Organization (ILO) has a well-oiled supervisory system for obligations under the Constitution and Conventions, but one of the tripartite partners is attempting to change the way the system has worked for over ninety years. This has implications beyond the ILO itself, and may compromise some aspects of settled human rights law. The Employers' Group in the ILO are claiming that the Committee of Experts on the Application of Conventions and Recommendations is interpreting the Freedom of Association and Protection of the Right to Organize Convention in a way prohibited by the ILO Constitution, and the employers consequently blocked discussion of any cases of individual application of Conventions in the 2012 International Labour Conference. The employers are also claiming a right of the Conference to review and approve or disapprove the findings of the Committee of Experts, which has no basis in the mandates of the two committees. A temporary compromise has been found to allow work to go forward at the 2013 Conference, but this is short term. Behind all this lies a challenge by the employers to the content of the right to strike in international law, and an attempt to separate ILO supervision from the practice in the wider United Nations (UN) system. This article examines the claims of the Employers, finding them misplaced and exaggerated, and contrary to normal international supervisory practice in the ILO and the United Nations, and suggests ways forward.
Labour Trafficking in China: Analysis and Recommendations
Authors: Kagan Sophia
Published: April 2022

Despite the likely prevalence of trafficking for labour exploitation in China, law enforcement agencies focus narrowly on the two areas that the government regards as priorities for anti-trafficking activities: the elimination of the illegal adoption of babies and the sexual exploitation of women. Drawing on a review of Chinese legislation, analysis of reports and interviews with experts, this article examines the scale of trafficking for labour exploitation and the scope and effectiveness of the legislation drafted to combat this crime.
The EU and the ECHR: Collective and Non-discrimination Labour Rights at a Crossroad?
Authors: Zahn Rebecca , Busby Nicole
Published: April 2022

This article considers the future development of the constitutionalization of labour rights, in particular non-discrimination rights and collective labour rights, within the European Union's legal order following the entry into force of the Lisbon Treaty and in light of the EU's impending accession to the Council of Europe. The accession throws a spotlight on the relationship between the European Court of Human Rights (ECtHR) and the Court of Justice of the EU (CJEU). The two courts' respective interpretations of certain labour rights contain elements of overlap and, in some respects, conflict which will presumably have to be reconciled under the new legal order within which the courts will find themselves. It is argued that the constitutionalization of labour rights would offer some important protections that should be fundamentally guaranteed and thus available to all workers but which are under threat due to transnational changes resulting from globalization. Furthermore, as the case law analysis demonstrates, the traditional hierarchy of rights by which civil and political rights were prioritized over their economic and social counterparts, has given way to an EU legal order whereby the economic imperative remains paramount, with social provisions, in the context of labour rights, subjugated and subject to further divisions.
Danish and British Protection from Disability Discrimination at Work  Past, Present and Future
Authors: Munkholm Natalie Videbaek , Lane Jackie
Published: April 2022

Denmark and the United Kingdom both became members of what is now the European Union (EU) in 1973 and are thus equally matched in terms of opportunity to bring their anti-discrimination laws into line with those of the EU and other supra-national bodies such as the United Nations (UN) and the Council of Europe. Our investigation, based on existing reports, academic analysis and case law rulings involving alleged discrimination on grounds of disability, has revealed some major differences in the level of protection provided by each country's legislature and judicature, but also by other mechanisms that extend beyond these traditional measures, such as workplace collective agreements. While the UK has a long history of supporting people with disabilities by legislating in all aspects of society, Denmark has been at the forefront with social mechanisms, but has been reluctant to ensure equality in the labour market. However, both countries have been equally unsuccessful in ensuring opportunities for disabled workers, and consideration is given here as to whether one system of dealing with this is better than another. We conclude that neither strict regulation imposed by the EU or national governments, nor the laissez-faire method of leaving the level of protection to be decided by collective agreement is entirely satisfactory. A different perspective altogether would be to adopt the substantive diversity theory which would focus on a person's abilities and what they are able to do, and to gear society to embrace diversities, as the Danish employment agency Specialisterne has done so successfully in the case of adults with autism. Countries such as Denmark and the UK have much to learn from each other to tackle successfully this last bastion of workplace inequality.
The Economic Crisis and Labour Law Reform in Italy
Authors: Pizzoferrato Alberto
Published: April 2022

This article analyses the labour law reforms enacted in Italy in recent years, paying special attention to their ambiguous relations with the economic crisis and EU requirements. Between 2007 and 2013, Italy's GDP contracted by 8.7% and average per capita income fell by around 10 percentage points: from this starting point, significant improvement in terms of the economy and employment is likely to be hard to achieve. This is a matter of concern for the European institutions, giving rise to the need for structural reform of the labour market. The Italian government has been forced to focus on employment protection measures in their legislative action, since extensive action in terms of public funding in favour of employment and income would be untenable due to insufficient budgetary resources and the need to avoid any further expansion of public spending. In this connection, this article focuses on the approval in February 2015 by the centre-left Renzi Government of the decree aimed at further reform of the labour market introducing a new form of open-ended contract with a growing level of economic protection against unfair dismissal, and concludes by examining the implications for job security.
Understanding the Connections between Temporary Employment Agencies and Migration
Authors: Alberti Gabriella , Forde Chris , MacKenzie Robert , Ciupijus Zyama
Published: April 2022

This article looks at the relationship between employment agencies and migration. The connections between employment agencies and migrants have long been recognized. However, many have suggested that the relationship between agencies and migrants is changing. Drawing on four research studies by the authors, conducted between 2005 and 2012, the article looks at three key issues: the use of employment agencies by migrants; the strategies of employment agencies towards migrants; and the outcomes for migrants associated with working through employment agencies. The article finds that agencies are adapting their strategies towards migrants, but that the outcomes of these strategies are often negative for migrants.