natgillin/translations-raw huggingface dataset:
(a) by the law of the country in which the employee habitually carries out his work in performance of the contract.
(a) by the law of the country in which the employee habitually carries out his work in performance of the contract.
However, his employment and pay conditions shall be subject to the law of the country in which he is temporarily employed.
However, his employment and pay conditions shall be subject to the law of the country in which he is temporarily employed.
Work carried out in another country shall be regarded as temporary if the employee is expected to resume working in the country of origin after carrying out his specific tasks abroad.
Work carried out in another country shall be regarded as temporary if the employee is expected to resume working in the country of origin after carrying out his specific tasks abroad.
The text "work carried out in another country shall be regarded as temporary if the employee is expected to resume working in the country of origin after carrying out his tasks abroad" did not appear in the Convention.
The text "work carried out in another country shall be regarded as temporary if the employee is expected to resume working in the country of origin after carrying out his tasks abroad" did not appear in the Convention.
It carries a risk of a broad interpretation of "tasks".
It carries a risk of a broad interpretation of "tasks".
What if the task of the worker is, e.g. to represent the employer established in Member State X for his activities in Member State Y?
What if the task of the worker is, e.g. to represent the employer established in Member State X for his activities in Member State Y?
When is such a task "carried out"?
When is such a task "carried out"?
It could potentially be a very long period.
It could potentially be a very long period.
The inclusion of "specific" points out that the temporary activity in another country should be interpreted narrowly.
The inclusion of "specific" points out that the temporary activity in another country should be interpreted narrowly.
The text did not appear in the Convention.
The text did not appear in the Convention.
In a conflict between the local employer and the employee the only relevant place of work must be in the country of posting.
In a conflict between the local employer and the employee the only relevant place of work must be in the country of posting.
Another law might be applied, but only through the escape clause of Section 3.
Another law might be applied, but only through the escape clause of Section 3.
This new addition extends and thereby obscures the meaning of the place of work as the regular connecting factor.
This new addition extends and thereby obscures the meaning of the place of work as the regular connecting factor.
Moreover, this rule could also stimulate that employment contracts are signed only as cover for the real contract.
Moreover, this rule could also stimulate that employment contracts are signed only as cover for the real contract.
This rule should therefore be deleted.
This rule should therefore be deleted.
The terms ‘from which’ are highly ambiguous.
The terms ‘from which’ are highly ambiguous.
The amendment aims to prevent regular posting from a Member State where employment law is less developed than in the country of posting.
The amendment aims to prevent regular posting from a Member State where employment law is less developed than in the country of posting.
Article 6, paragraph 2, point (a a) (new)
Article 6, paragraph 2, point (a a) (new)
(aa) if the employee does not habitually carry out his work in any one country, by the law of the country from which the employee habitually caries out his wok in performance of the contract ;
(aa) if the employee does not habitually carry out his work in any one country, by the law of the country from which the employee habitually caries out his wok in performance of the contract ;
Article 6, paragraph 2, subparagraph 2 (new)
Article 6, paragraph 2, subparagraph 2 (new)
unless it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract shall be governed by the law of that country .
unless it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract shall be governed by the law of that country .
The law designated by paragraph 2 may be excluded where it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract shall be governed by the law of that country
The law designated by paragraph 2 may be excluded where it appears from the circumstances as a whole that the contract is more closely connected with another country, in which case the contract shall be governed by the law of that country
This flexibility clause should be reserved for exceptional cases, such as that of employees required, for instance, to work in aircraft, on ships or on oil rigs.
This flexibility clause should be reserved for exceptional cases, such as that of employees required, for instance, to work in aircraft, on ships or on oil rigs.
For this reason it is preferable to include the clause in the paragraph dealing specifically with that issue.
For this reason it is preferable to include the clause in the paragraph dealing specifically with that issue.
Mandatory rules are rules the respect for which is regarded as crucial by a country for safeguarding its political, social or economic organisation to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation.
Mandatory rules are rules the respect for which is regarded as crucial by a country for safeguarding its political, social or economic organisation to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation.
For the purposes of this Article, mandatory rules are rules the respect for which is regarded as necessary by a country for protecting workers or for safeguarding its political, social or economic organisation to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation.
For the purposes of this Article, mandatory rules are rules the respect for which is regarded as necessary by a country for protecting workers or for safeguarding its political, social or economic organisation to such an extent that they are applicable to any situation falling within their scope, irrespective of the law otherwise applicable to the contract under this Regulation.
The text “for the purpose of this article” is added for the sake of clarity and consistency.
The text “for the purpose of this article” is added for the sake of clarity and consistency.
Mandatory requirements occur in different articles of the Regulation, but also with different meanings.
Mandatory requirements occur in different articles of the Regulation, but also with different meanings.
It is therefore important to settle that the definition of mandatory rules in Article 8 is only for the purpose of that specific article to contract of employment.
It is therefore important to settle that the definition of mandatory rules in Article 8 is only for the purpose of that specific article to contract of employment.
The word ”crucial” is replaced by “necessary”.
The word ”crucial” is replaced by “necessary”.
The Posting of workers Directive (POW) is based on the possibility for the host MS to derogate from the law of the MS of origin in case of posting.
The Posting of workers Directive (POW) is based on the possibility for the host MS to derogate from the law of the MS of origin in case of posting.
A narrow definition of what can be considered the “hard core” provision of the labour law of the host MS, which could be applied in case of posting, could undermine the list of art.
A narrow definition of what can be considered the “hard core” provision of the labour law of the host MS, which could be applied in case of posting, could undermine the list of art.
3(1) POW or prevent its extension to other fields of labour protection.
3(1) POW or prevent its extension to other fields of labour protection.
The definition of mandatory rules also risks to undermine the application by MS of terms and conditions of employment on matters other than those referred to in art.
The definition of mandatory rules also risks to undermine the application by MS of terms and conditions of employment on matters other than those referred to in art.
3(1) in the case of “public policy provisions”.
3(1) in the case of “public policy provisions”.
The notion of mandatory rules cannot be defined/interpreted in a restrictive manner; it should at least concern rules that are crucial for the protection of workers.
The notion of mandatory rules cannot be defined/interpreted in a restrictive manner; it should at least concern rules that are crucial for the protection of workers.
Proposal for a regulation of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I)
Proposal for a regulation of the European Parliament and of the Council on the law applicable to contractual obligations (Rome I)
EMPL 16.2.2006
EMPL 16.2.2006
Jan Andersson 19 .4.2006
Jan Andersson 19.4.2006
Jan Andersson, Jean-Luc Bennahmias, Iles Braghetto, Philip Bushill-Matthews, Milan Cabrnoch, Alejandro Cercas, Ole Christensen, Bairbre de Brún, Derek Roland Clark, Harald Ettl, Richard Falbr, Carlo Fatuzzo, Ilda Figueiredo, Joel Hasse Ferreira, Roger Helmer, Karin Jöns, Jan Jerzy Kułakowski, Sepp Kusstatscher, Jean Lambert, Raymond Langendries, Bernard Lehideux, Elizabeth Lynne, Thomas Mann, Mario Mantovani, Jan Tadeusz Masiel, Maria Matsouka, Ria Oomen-Ruijten, Pier Antonio Panzeri, Jacek Protasiewicz, José Albino Silva Peneda, Jean Spautz, Anne Van Lancker, Gabriele Zimmer
Jan Andersson, Jean-Luc Bennahmias, Iles Braghetto, Philip Bushill-Matthews, Milan Cabrnoch, Alejandro Cercas, Ole Christensen, Bairbre de Brún, Derek Roland Clark, Harald Ettl, Richard Falbr, Carlo Fatuzzo, Ilda Figueiredo, Joel Hasse Ferreira, Roger Helmer, Karin Jöns, Jan Jerzy Kułakowski, Sepp Kusstatscher, Jean Lambert, Raymond Langendries, Bernard Lehideux, Elizabeth Lynne, Thomas Mann, Mario Mantovani, Jan Tadeusz Masiel, Maria Matsouka, Ria Oomen-Ruijten, Pier Antonio Panzeri, Jacek Protasiewicz, José Albino Silva Peneda, Jean Spautz, Anne Van Lancker, Gabriele Zimmer
Françoise Castex, Richard Howitt, Jamila Madeira, Dimitrios Papadimoulis, Leopold Józef Rutowicz, Gabriele Stauner, Patrizia Toia
Françoise Castex, Richard Howitt, Jamila Madeira, Dimitrios Papadimoulis, Leopold Józef Rutowicz, Gabriele Stauner, Patrizia Toia
Приложимо право към договорните задължения (Рим I)
Law applicable to contractual obligations (Rome I)
Carlo Casini, Marek Aleksander Czarnecki, Bert Doorn, Cristian Dumitrescu, Monica Frassoni, Lidia Joanna Geringer de Oedenberg, Neena Gill, Othmar Karas, Piia-Noora Kauppi, Klaus-Heiner Lehne, Katalin Lévai, Antonio López-Istúriz White, Hans-Peter Mayer, Manuel Medina Ortega, Aloyzas Sakalas, Diana Wallis, Tadeusz Zwiefka
Carlo Casini, Marek Aleksander Czarnecki, Bert Doorn, Cristian Dumitrescu, Monica Frassoni, Lidia Joanna Geringer de Oedenberg, Neena Gill, Othmar Karas, Piia-Noora Kauppi, Klaus-Heiner Lehne, Katalin Lévai, Antonio López-Istúriz White, Hans-Peter Mayer, Manuel Medina Ortega, Aloyzas Sakalas, Diana Wallis, Tadeusz Zwiefka
Mogens N.J. Camre, Charlotte Cederschiöld, Luis de Grandes Pascual, Vicente Miguel Garcés Ramón, Kurt Lechner, Eva Lichtenberger, Marie Panayotopoulos-Cassiotou, Gabriele Stauner
Mogens N.J. Camre, Charlotte Cederschiöld, Luis de Grandes Pascual, Vicente Miguel Garcés Ramón, Kurt Lechner, Eva Lichtenberger, Marie Panayotopoulos-Cassiotou, Gabriele Stauner
Toine Manders, Tomáš Zatloukal
Toine Manders, Tomáš Zatloukal
относно проекта за решение на Съвета за изменение на Протокола относно Статута на Съда на Европейските общности във връзка с разглеждането на запитвания за преюдициално заключение, свързано с пространството на свобода, сигурност и правосъдие
on the draft Council decision amending the Protocol on the Statute of the Court of Justice with regard to the treatment of questions referred for a preliminary ruling concerning the area of freedom, security and justice
PE 396.454v03-00
PE 396.454v03-00
– като взе предвид проекта за решение на Съвета (11824/2007),
– having regard to the draft Council decision (11824/2007),
– като взе предвид член 245, параграф 2 от Договора за ЕО и член 160 от Договора за Евратом, съгласно които Съветът се е консултирал с него ( C6‑0292/2007 ),
– having regard to Article 245 (2) of the EC Treaty and Article 160 of the Euratom Treaty, pursuant to which the Council consulted Parliament ( C6‑0292/2007 ),
– като взе предвид доклада на комисията по правни въпроси ( A6‑0451/2007 ),
– having regard to the report of the Committee on Legal Affairs ( A6‑0451/2007 ),
It appears from the Court of Justice's latest Annual Report that the Court's workload is constantly increasing, with preliminary rulings still constituting the most important part of the its work
It appears from the Court of Justice's latest Annual Report that the Court's workload is constantly increasing, with preliminary rulings still constituting the most important part of the its work
In 2006, 731 cases were pending before the Court of Justice.
In 2006, 731 cases were pending before the Court of Justice.
266 out of 546 cases completed in 2006 were preliminary rulings, whilst 251 out of 537 new cases were references for a preliminary ruling. .
266 out of 546 cases completed in 2006 were preliminary rulings, whilst 251 out of 537 new cases were references for a preliminary ruling. .
In addition to this, the Court being bound to give a ruling on each valid reference received, it is impossible to predict the impact that increased activity under Title VI EU and Title IV EC will have on the case-load of the Court.
In addition to this, the Court being bound to give a ruling on each valid reference received, it is impossible to predict the impact that increased activity under Title VI EU and Title IV EC will have on the case-load of the Court.
Nevertheless, current figures show a clear increase in cases concerning both the Area of freedom, justice and security, and Justice and home affairs
Nevertheless, current figures show a clear increase in cases concerning both the Area of freedom, justice and security, and Justice and home affairs
In 2006, 9 judgments were handed down in the Area of freedom, security and justice, whereas 8 judgments and 5 orders are pending.
In 2006, 9 judgments were handed down in the Area of freedom, security and justice, whereas 8 judgments and 5 orders are pending.
In the field of Justice and home affairs, the Court handed down 1 judgment and 1 order, and 1 judgment and 1 order are pending. .
In the field of Justice and home affairs, the Court handed down 1 judgment and 1 order, and 1 judgment and 1 order are pending. .
Furthermore, although the number of references from the Member States having acceded to the Community in 2004 and 2007 is not yet significant
Furthermore, although the number of references from the Member States having acceded to the Community in 2004 and 2007 is not yet significant
New references in 2006: CZ (3) LT (1), HU (4), PL (2), SK (1); seven other "new" Member States (0). , an unexpected rise cannot be excluded as courts in those Member States become increasingly familiar with Community law.
New references in 2006: CZ (3) LT (1), HU (4), PL (2), SK (1); seven other "new" Member States (0). , an unexpected rise cannot be excluded as courts in those Member States become increasingly familiar with Community law.
In this context, the Court has striven to reduce the time taken by references for a preliminary ruling which, although often perceived as excessive, currently stands at 19.8 months, its lowest point in at least ten years.
In this context, the Court has striven to reduce the time taken by references for a preliminary ruling which, although often perceived as excessive, currently stands at 19.8 months, its lowest point in at least ten years.
The increase in the Court's judicial manpower as a result of the fifth and sixth enlargements of the Union may also have contributed to this reduction in timescale.
The increase in the Court's judicial manpower as a result of the fifth and sixth enlargements of the Union may also have contributed to this reduction in timescale.
A number of new mechanisms were introduced by the Treaty of Nice, notably the "accelerated" and "expedited" procedures.
A number of new mechanisms were introduced by the Treaty of Nice, notably the "accelerated" and "expedited" procedures.
Articles 62a, 104a and 118 of the Rules of Procedure of the Court of Justice.
Articles 62a, 104a and 118 of the Rules of Procedure of the Court of Justice.
However, these procedures have not been used to any significant degree by the Court
However, these procedures have not been used to any significant degree by the Court
In the context of references for a preliminary ruling, there have been 31 requests for an expedited or accelerated procedure since 2000, with only one having been granted. .
In the context of references for a preliminary ruling, there have been 31 requests for an expedited or accelerated procedure since 2000, with only one having been granted. .
The Court had however been conscious for some time of the implications of its jurisdiction over the Area of freedom, security and justice.
The Court had however been conscious for some time of the implications of its jurisdiction over the Area of freedom, security and justice.
On 25 September 2006, by letter from its President, the Court started a dialogue with the Council that resulted in proposed amendments to its Statute and Rules of Procedure with a view to creating a new "urgent procedure" for a preliminary ruling.
On 25 September 2006, by letter from its President, the Court started a dialogue with the Council that resulted in proposed amendments to its Statute and Rules of Procedure with a view to creating a new "urgent procedure" for a preliminary ruling.
This procedure aims to balance individual rights put at risk by the possible length of the Court's procedure (in particular in the areas of asylum, immigration, matrimonial matters and parental responsibility) with the right for all interested parties to be heard and to contribute to the proceedings.
This procedure aims to balance individual rights put at risk by the possible length of the Court's procedure (in particular in the areas of asylum, immigration, matrimonial matters and parental responsibility) with the right for all interested parties to be heard and to contribute to the proceedings.
The proposed urgent procedure will also enable the Court to comply with the tight time-limits imposed by certain pieces of Community and national legislation.
The proposed urgent procedure will also enable the Court to comply with the tight time-limits imposed by certain pieces of Community and national legislation.
Your rapporteur would like to make four comments in relation to this new procedure.
Your rapporteur would like to make four comments in relation to this new procedure.
First of all, concern is expressed at the fact that the proposed urgent procedure will not include any written and reported submissions from the Advocate General, although he or she will still advise the Chamber orally in the course of its deliberations.
First of all, concern is expressed at the fact that the proposed urgent procedure will not include any written and reported submissions from the Advocate General, although he or she will still advise the Chamber orally in the course of its deliberations.
Your rapporteur believes that the publication of the Advocate General's "opinion" or a synopsis of the arguments delivered orally in camera would not entail disproportionate additional work, nor would it affect the length of the procedure before the Court.
Your rapporteur believes that the publication of the Advocate General's "opinion" or a synopsis of the arguments delivered orally in camera would not entail disproportionate additional work, nor would it affect the length of the procedure before the Court.
On the contrary, it could be of great benefit to the referring court, as well as other national courts by helping them to clarify Community law, thus potentially reducing the need for further references.
On the contrary, it could be of great benefit to the referring court, as well as other national courts by helping them to clarify Community law, thus potentially reducing the need for further references.
Second, it is important for the Court to have sufficient discretion to decide for itself which cases will be dealt with under the urgent procedure.
Second, it is important for the Court to have sufficient discretion to decide for itself which cases will be dealt with under the urgent procedure.
Indeed, if an excessive number of cases were to be dealt with under this procedure, other categories of cases could be unduly delayed, in particular infringement cases, the speedy resolution of which the Parliament considers particularly important.
Indeed, if an excessive number of cases were to be dealt with under this procedure, other categories of cases could be unduly delayed, in particular infringement cases, the speedy resolution of which the Parliament considers particularly important.
The Court, having virtually no control over its incoming workflow, needs a degree of flexibility and autonomy in order to deal with fluctuations in its caseload.
The Court, having virtually no control over its incoming workflow, needs a degree of flexibility and autonomy in order to deal with fluctuations in its caseload.
Third, your rapporteur is somewhat surprised that the Court's autonomy to solve issues concerning its own procedure is curtailed to the extent that it has taken an excessive amount of time to arrive at a solution concerning the procedure under discussion
Third, your rapporteur is somewhat surprised that the Court's autonomy to solve issues concerning its own procedure is curtailed to the extent that it has taken an excessive amount of time to arrive at a solution concerning the procedure under discussion
Unanimity in Council is required to amend the Court's Statute (Article 245 EC) whereas a qualified majority is necessary to approve a change in the Court's Rules of Procedure (Article 223 EC, 6th indent). .
Unanimity in Council is required to amend the Court's Statute (Article 245 EC) whereas a qualified majority is necessary to approve a change in the Court's Rules of Procedure (Article 223 EC, 6th indent). .
Whilst understanding that Member States wish to preserve their right to participate effectively in cases before the Court, a way has to be found for the Court to be able to adapt more swiftly and independently to change in the future.
Whilst understanding that Member States wish to preserve their right to participate effectively in cases before the Court, a way has to be found for the Court to be able to adapt more swiftly and independently to change in the future.
Finally, your rapporteur considers that the moment is now ripe to start considering the organisational structure and composition of the Court (here understood in the widest sense, including the Court of First Instance and the Staff Tribunal) in the longer term.
Finally, your rapporteur considers that the moment is now ripe to start considering the organisational structure and composition of the Court (here understood in the widest sense, including the Court of First Instance and the Staff Tribunal) in the longer term.
These have remained largely unchanged since the inception of the Communities.
These have remained largely unchanged since the inception of the Communities.