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Article

Access_open Liberal Democracy and the Judeo-Christian Tradition

Journal Netherlands Journal of Legal Philosophy, Issue 1 2020
Keywords national identity, historical narratives, universal values, equal citizenship
Authors Tamar de Waal
AbstractAuthor's information

    Increasingly often, it is stated that the universal values underpinning Western liberal democracies are a product of a ‘Judeo-Christian’ tradition. This article explores the legitimacy of this claim from the perspective of liberal-democratic theory. It argues that state-endorsed claims about the historical roots of liberal-democratic values are problematic (1) if they are promoted as though they are above democratic scrutiny and (2) if they insinuate that citizens who belong to a particular (majority) culture remain the ‘cultural owners’ of the core values underpinning the state. More pragmatically, the paper suggests that the claim carries the risk of failing to facilitate all citizens becoming or remaining committed to nurturing fundamental rights and a shared society based on norms of democratic equality.


Tamar de Waal
Tamar de Waal is assistant professor of legal philosophy at the Amsterdam Law School of the University of Amsterdam.
Article

Access_open Legal and Political Concepts as Contextures

Journal Netherlands Journal of Legal Philosophy, Issue 1 2020
Keywords Concepts, Contextualism, Essentially Contested Concepts, Legal Theory, Freedom
Authors Dora Kostakopoulou
AbstractAuthor's information

    Socio-political concepts are not singularities. They are, instead, complex and evolving contextures. An awareness of the latter and of what we need to do when we handle concepts opens up space for the resolution of political disagreements and multiplies opportunities for constructive dialogue and understanding. In this article, I argue that the concepts-as-contextures perspective can unravel conceptual connectivity and interweaving, and I substantiate this by examining the ‘contexture’ of liberty. I show that the different, and seemingly contested, definitions of liberty are the product of mixed articulations and the development of associative discursive links within a contexture.


Dora Kostakopoulou
Dora Kostakopoulou is a member of the Scientific Committee of the Fundamental Rights Agency of the EU and Professor of European Union Law, European Integration and Public Policy at Warwick University.
Case Reports

2020/6 Supreme Court judgment on the concept of comparable permanent employees (DK)

Journal European Employment Law Cases, Issue 1 2020
Keywords Fixed-term work, Other forms of discrimination
Authors Christian K. Clasen
AbstractAuthor's information

    In a recent case on fixed-term employment, the Danish Supreme Court addressed the question of what constitutes a comparable permanent employee. The Supreme Court ruled that four employees, who worked in a government agency, were not comparable with the agency’s permanent employees and for this reason they had not been discriminated against on the grounds of their fixed-term contracts.


Christian K. Clasen
Christian K. Clasen is a partner at Norrbom Vinding, Copenhagen.
Pending Cases

Case C-726/19, Fixed-term work

Instituto Madrileño de Investigación y Desarrollo Agrario y Alimentario – v – JN, reference lodged by the Tribunal Superior de Justicia de Madrid (Spain) on 1 October 2019

Journal European Employment Law Cases, Issue 1 2020
Keywords Fixed-term work
Pending Cases

Case C-834/19, Part time work, fixed-term work

AV – v – Minister for Justice and the Italian Republic, reference lodged by the Tribunale di Vicenza (Italy) on 15 November 2019

Journal European Employment Law Cases, Issue 1 2020
Keywords Part time work, Fixed-term work
Case Reports

2020/7 Successive fixed-term employment contracts (RO)

Journal European Employment Law Cases, Issue 1 2020
Keywords Fixed-term work
Authors Andreea Suciu and Teodora Manaila
AbstractAuthor's information

    The Craiova Court of Appeal has ruled that the continuous extensions of a fixed-term employment based on national provisions is not in accordance with the European jurisprudence. Relying on the findings of ECJ case C-614/15, the Craiova Court of Appeal made an exhaustive analysis of the relying arguments for subsequent extensions of fixed-term employments agreements for long periods of time and the objective reasons behind such use of contracts.


Andreea Suciu
Andreea Suciu is managing partner at Suciu I The Employment Law Firm, Bucharest, Romania.

Teodora Manaila
Teodora Manaila is an attorney-at-law at Suciu I The Employment Law Firm, Bucharest, Romania.
Rulings

ECJ 22 January 2020, case C-177/18 (Baldonedo Martín), Fixed-term work, other forms of discrimination

Almudena Baldonedo Martín – v – Ayuntamiento de Madrid, Spanish case

Journal European Employment Law Cases, Issue 1 2020
Keywords Fixed-term work, Other forms of discrimination
Abstract

    The absence of severance compensation for interim civil servants is not contrary to Directive 1999/70.

Case Law

2020/1 EELC’s review of the year 2019

Journal European Employment Law Cases, Issue 1 2020
Authors Ruben Houweling, Daiva Petrylaitė, Peter Schöffmann e.a.
Abstract

    Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks.


Ruben Houweling

Daiva Petrylaitė

Peter Schöffmann

Attila Kun

Francesca Maffei

Jean-Philippe Lhernould

Niklas Bruun

Jan-Pieter Vos

Luca Ratti

Anthony Kerr

Petr Hůrka

Michal Vrajík

    On 3 October 2019, in case C-274/18 (Schuch-Ghannadan), the ECJ held that a national regulation, which provides for different maximum total durations of successive fixed-term employment contracts for part-time workers on the one hand and full-time workers on the other, could result in a discrimination of part-time workers and an indirect discrimination of women.


Ines Kager
Mag. Ines Kager is teaching and research assistant at WU Vienna University of Economics and Business.
Rulings

ECJ 19 March 2020, joined cases C-103/18 and C-429/18 (Sánchez Ruiz and Fernández Álvarez and Others – v – Comunidad de Madrid), Fixed-term work

Domingo Sánchez Ruiz; Berta Fernández Álvarez and others – v – Comunidad de Madrid (Servicio Madrileño de Salud), Spanish case

Journal European Employment Law Cases, Issue 1 2020
Keywords Fixed-term work
Abstract

    Clause 5 of the Framework Agreement on fixed-term work applies also to workers who continuously occupy interim posts based on successive fixed-term contracts in the absence of a recruitment procedure.


Philip Pettit
Philip Pettit is L.S. Rockefeller University Professor of Human Values, University Center for Human Values, Princeton University, Princeton, USA, and Distinguished University Professor of Philosophy, School of Philosophy, Australian National University, Canberra, Australia.
Literature Review

Access_open Preference Voting in the Low Countries

A Research Overview

Journal Politics of the Low Countries, Issue 1 2020
Keywords elections, electoral systems, preference voting, candidates, personalization
Authors Bram Wauters, Peter Thijssen and Patrick Van Erkel
AbstractAuthor's information

    Preference votes constitute one of the key features of (open and flexible) PR-list electoral systems. In this article, we give an extensive overview of studies conducted on preference voting in Belgium and the Netherlands. After elaborating on the definition and delineation of preference voting, we scrutinize studies about which voters cast preference votes (demand side) and about which candidates obtain preference votes (supply side). For each of these aspects, both theoretical approaches and empirical results are discussed and compared. At the same time, we also pay attention to methodological issues in these kinds of studies. As such, this research overview reads as an ideal introduction to this topic which has repercussions on many other subfields of political science.


Bram Wauters
Bram Wauters is an associate professor at the Department of Political Sciences of Ghent University, where he leads the research group GASPAR. His research interests include political representation, elections and political parties, with special attention to diversity. He has recently published in journals such as International Political Science Review, Party Politics, Political Studies, and Political Research Quarterly. He is co-editor (with Knut Heidar) of ‘Do parties still represent?’ (Routledge, 2019).

Peter Thijssen
Peter Thijssen is a professor at the Department of Political Science of the University of Antwerp, where he is a member the research group M2P (Media, Movements and Politics). His research focuses on political sociology, public opinion and political participation. He has published in such journals as British Journal of Sociology, Electoral Studies, Energy Policy, European Journal of Social Theory, Party Politics and Risk Analysis. He has co-edited ‘New Public Spheres’ (Ashgate, 2013) and ‘Political Engagement of the Young’ (Routledge, 2016).

Patrick Van Erkel
Patrick van Erkel is a postdoctoral researcher at the Department of Political Science of the University of Antwerp, where he is connected to the research group M2P (Media, Movements and Politics). His research interests include electoral behavior, public opinion, political communication and polarization. He has published in journals such as the European Journal of Political Research, Electoral Studies, European Political Science Review and the Journal of Elections, Public Opinion & Parties.
Article

The shame of injustice: the ethics of victimology and what it means for restorative justice

Journal The International Journal of Restorative Justice, Issue 3 2019
Keywords Victimology, restorative justice, shame, Bernard Williams, Susan Brison
Authors Antony Pemberton
AbstractAuthor's information

    The role of shame in restorative justice has a long pedigree. Most often shame has been conceptualised in terms of the act of the offender. The focus of this paper is instead on the shame of the person experiencing wrongdoing: a victim who is neither guilty nor responsible for the experience. This has the advantage of making more clear that shame fundamentally concerns an experience of ‘who I am’ rather than ‘what I have done’, while the reaction to the experience of shame in victimization should involve attention to the identity-related questions that are posed by this experience. This way of viewing shame is connected to the distinction between countering injustice and doing justice, and offers a number of fresh insights into victimological phenomena in restorative justice and restorative justice more generally.


Antony Pemberton
Professor of Restorative Justice, Leuven Institute of Criminology, KU Leuven, Leuven, Belgium; Professor of Victimology, Tilburg Law School, Tilburg University, Tilburg, the Netherlands.
Article

The New Regulation Governing AIR, VIR and Consultation

A Further Step Forward Towards ‘Better Regulation’ in Italy

Journal European Journal of Law Reform, Issue 4 2019
Keywords regulation, RIA, regulatory impact analysis, impact assessment, evaluation, consultation
Authors Victor Chimienti
AbstractAuthor's information

    This article describes the scope and contents of the newly adopted regulation governing regulatory impact analysis (RIA) and ex post evaluation of regulation (ExPER) in the Italian legal system. The article shows that this regulation has the potential to improve regulatory governance in Italy. Not only does it introduce innovations designed to increase transparency and participation, especially through strengthened consultation and communication mechanisms, but it also aims to improve the quality and effectiveness of regulatory analysis and evaluation activities. How the new regulation will be applied in practice, however, remains to be seen. In the meantime, the new set of rules are a welcome addition to Italy’s Better Regulation policy.


Victor Chimienti
Victor Chimienti is an international and EU lawyer currently working as a free-lance consultant on donor funded projects. In 1997, he graduated in Law with full marks at the University of Bari “Aldo Moro” (Italy), and, in 2006, obtained his Ph.D in International and EU Law from the same university. Meanwhile, he had attended post-graduate legal studies at LUISS University in Rome, Italy, specialising in international and EC business law. Dr. Chimienti has also served as Lecturer in International and Trade Law at the University of Foggia, Italy, and as Research Scholar in International & Comparative Law at the University of Michigan, USA. Among others, he specialises in Better Regulation tools and procedures, such as Regulatory Impact Analysis (RIA), Ex-Post Evaluation of Legislation, Monitoring, and Public Consultation.
Article

Online Collaboration Algorithms for Small Claims

Journal International Journal of Online Dispute Resolution, Issue 2 2019
Keywords online collaboration algorithms, small claims
Authors Ernest Thiessen and Peter Holt
AbstractAuthor's information

    This article was adapted from a presentation at the ODR Forum 2019 in Williamsburg.


Ernest Thiessen
President of iCan Systems Inc. (creators of Smartsettle).

Peter Holt
Chief Product Development Officer at iCan Systems Inc. (creators of Smartsettle).
Pending Cases

Case C-483/19, Fixed-term work

Ville de Verviers – v – J, reference lodged by the Cour du travail de Liège (Belgium) on 24 June 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Fixed-term work
Pending Cases

Case C-652/19, Fixed-term work, Collective redundancies

KO – v – Fallimento Consulmarketing SpA, reference lodged by the Tribunale di Milano (Italy) on 2 September 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Fixed-term work, Collective redundancies
Pending Cases

Case C-407/19, Free movement, fixed-term work

Katoen Natie Bulk Terminals NV, General Services Antwerp NV – v – Belgische Staat, reference lodged by the Raad van State (Belgium) on 24 May 2019

Journal European Employment Law Cases, Issue 4 2019
Keywords Free movement, fixed-term work

    The Constitutional Court of the Republic of Latvia has ruled that provisions of the Law on Higher Education Institutions stipulating that professors and associate professors are elected to the office for a fixed period of time, i.e. for six years, and that only fixed-term employment contracts are to be concluded with them are not compatible with the Constitution of the Republic of Latvia (Latvijas Republikas Satversme) (the ‘Constitution’), which among other things provides that everyone has the right to freely choose their employment and workplace according to their abilities and qualifications. The restriction of this right in this case cannot be regarded as proportionate since the legislator has failed to implement the requirements of the Fixed-term Work Directive 99/70/EC.


Andis Burkevics
Andis Burkevics is a counsel with SORAINEN.
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