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ECJ Court Watch

ECJ 27 April 2017, C-620/15 (A-Rosa Flussschiff), Free movement, social insurance

A-Rosa Flussschiff GmbH – v – Union de recouvrement des cotisations de sécurité sociale et d’allocations familiales d’Alsace (URSSAF), venant aux droits de l’URSSAF du Bas-Rhin and Sozialversicherungsanstalt des Kantons Graubünden, French case

Journal European Employment Law Cases, Issue 2 2017
Keywords free movement: social insurance
Abstract

    An E101 certificate, issued by the institution designated by the competent authority of a Member State under Article 14(2)(a) of Regulation No 1408/71, is binding on both the social security institutions of the Member State in which the work is carried out and the courts of that Member State – even when it is found by those courts that the conditions under which the workers carried out their activities did not fall within the scope of the provisions of Regulation no 1408/71.

ECJ Court Watch

ECJ 2 March 2017, case C-496/15 (Eschenbrenner), Freedom of movement

Alphonse Eschenbrenner – v – Bundesagentur für Arbeit, German case

Journal European Employment Law Cases, Issue 2 2017
Keywords Freedom of movement
Article

Report of the 32nd IAA/IISL Scientific-Legal Roundtable

Technological and Legal Challenges for On-Orbit Servicing

Journal International Institute of Space Law, Issue 7 2017
Authors Marc Haese

Marc Haese

Martin Brink
Article

Should Mediation Be a Core Part of a Legal Degree in the Netherlands?

An Opportunity Not to Be Missed, Especially for Corporate General Counsels of the Future!

Journal Corporate Mediation Journal, Issue 1 2017
Authors Claire Mulder
Author's information

Claire Mulder
C.S.A. Mulder LLM, is based in London and is Editor of the Corporate Mediation Journal.

Robin J. Frank
Robin J. Frank, Esq., Associate General Counsel International Law, Office of the General Counsel, National Aeronautics and Space Administration, United States.

David R. Lopez
David R. Lopez, Attorney Adviser, Office of the General Counsel, National Aeronautics and Space Administration, United States.
ECJ Court Watch

ECJ 15 December 2016, joined cases C-401/15 to C-403/15 (Depesme), Free movement, social insurance

Noémie Depesme (C-401/15), Saïd Kerrou (C-401/15), Adrien Kauffmann (C-402/15) and Maxime Lefort (C-403/15) – v – Ministre de l’Enseignement supérieur et de la Recherche, Luxembourgian case

Journal European Employment Law Cases, Issue 1 2017
Keywords Free movement, Social insurance
Abstract

    These cases concern the refusal by Luxembourg to grant financial aid to students studying in Luxembourg whilst living in France or Belgium, when they would be entitled to such aid under Regulation 492/2011 on free movement (pursuant to Article 45 TFEU), based on their family circumstances, were it not that the person employed in Luxembourg was not their father but their stepfather. The ECJ found in favour of the students.

ECtHR Court Watch

ECtHR 25 October 2016, application nos. 45197/13, 53000/13 and 73404/13, Diplomatic immunity in labour relations

Radunović and Others – v – Montenegro, Montenegronian case

Journal European Employment Law Cases, Issue 1 2017
Keywords Diplomatic immunity in labour relations
Case Reports

2017/9 The influence of the threat of terrorism on the right to strike (NL)

Journal European Employment Law Cases, Issue 1 2017
Keywords Industrial action, Strike
Authors Ruben Houweling and Amber Zwanenburg
AbstractAuthor's information

    The Dutch Cantonal judge prohibited a strike because the safety of passengers could not be guaranteed. At the hearing, which took place a few days after the Berlin Christmas market attacks, weight was given to the threat of terrorism. Nor is this the first time the threat of terrorism has been explicitly referred to by a Dutch court in a case concerning the right to strike.


Ruben Houweling
Ruben Houweling and Amber Zwanenburg are respectively a professor and a lecturer of Labour Law at the Erasmus University Rotterdam.

Amber Zwanenburg
Article

An Enabler or a Barrier?

“NewSpace” and Japan’s Two National Space Acts of 2016

Journal International Institute of Space Law, Issue 4 2017
Authors Setsuko Aoki
Author's information

Setsuko Aoki
Professor of Law, Keio University Law School, Japan, saoki@ls.keio.ac.jp.
Article

Refugees in Distress

The Protection of Safety Radiocommunication Signals against Harmful Interference

Journal International Institute of Space Law, Issue 3 2017
Authors Simona Spassova and Valentina Nardone
Author's information

Simona Spassova
Dr. Simona Spassova; Faculty of Law, Economics and Finance, University of Luxembourg.

Valentina Nardone
Dr. Valentina Nardone; Sapienza University of Rome.
Article

Legal Loophole or Just a Matter of Interpretation?

On the Outer Space Treaty’s Methodology Test with the Diversification of Space Activities

Journal International Institute of Space Law, Issue 1 2017
Authors Merve Erdem
Author's information

Merve Erdem
Department of International Law, Ankara University Faculty of Law, Cemal Gürsel Caddesi No: 58, 06590, Cebeci, Ankara, Turkey, erdemm@ankara.edu.tr
Editorial

Access_open Legal Control on Social Control of Sex Offenders in the Community: A European Comparative and Human Rights Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords social control, folk devils, moral panic, dangerousness, sex offenders
Authors Michiel van der Wolf (Issue Editor)
AbstractAuthor's information

    This paper provides first of all the introduction to this special issue on ‘Legal constraints on the indeterminate control of “dangerous” sex offenders in the community: A European comparative and human rights perspective’. The issue is the outcome of a study that aims at finding the way legal control can not only be an instrument but also be a controller of social control. It is explained what social control is and how the concept of moral panic plays a part in the fact that sex offenders seem to be the folk devils of our time and subsequently pre-eminently the target group of social control at its strongest. Further elaboration of the methodology reveals why focussing on post-sentence (indeterminate) supervision is relevant, as there are hardly any legal constraints in place in comparison with measures of preventive detention. Therefore, a comparative approach within Europe is taken on the basis of country reports from England and Wales, France, Germany, The Netherlands and Spain. In the second part of the paper, the comparative analysis is presented. Similar shifts in attitudes towards sex offenders have led to legislation concerning frameworks of supervision in all countries but in different ways. Legal constraints on these frameworks are searched for in legal (sentencing) theory, the principles of proportionality and least intrusive means, and human rights, mainly as provided in the European Convention on Human Rights to which all the studied countries are subject. Finally, it is discussed what legal constraints on the control of sex offenders in the community are (to be) in place in European jurisdictions, based on the analysis of commonalities and differences found in the comparison.


Michiel van der Wolf (Issue Editor)
Ph.D., LL.M, M.Sc., Reader in Criminal Law (Theory) and Forensic Psychiatry at the Erasmus School of Law; Member of the Editorial Board of the Erasmus Law Review.
Article

Access_open Legal Constraints on the Indeterminate Control of ‘Dangerous’ Sex Offenders in the Community: The French Perspective

Journal Erasmus Law Review, Issue 2 2016
Keywords Preventive detention, mandatory supervision, sex offenders, retrospective penal laws, legality principle
Authors Martine Herzog-Evans
AbstractAuthor's information

    France literally ‘discovered’ sexual abuse following neighbour Belgium’s Dutroux case in the late 1990s. Since then, sex offenders have been the focus of politicians, media and law-makers’ attention. Further law reforms have aimed at imposing mandatory supervision and treatment, and in rare cases, preventive detention. The legal framework for mandatory supervision and detention is rather complex, ranging from a mixed sentence (custodial and mandatory supervision and treatment upon release or as a stand-alone sentence) to so-called ‘safety measures’, which supposedly do not aim at punishing an offence, but at protecting society. The difference between the concepts of sentences and safety measures is nevertheless rather blurry. In practice, however, courts have used safety measures quite sparingly and have preferred mandatory supervision as attached to a sentence, notably because it is compatible with cardinal legal principles. Procedural constraints have also contributed to this limited use. Moreover, the type of supervision and treatment that can thus be imposed is virtually identical to that of ordinary probation. It is, however, noteworthy that a higher number of offenders with mental health issues who are deemed ‘dangerous’ are placed in special psychiatric units, something that has not drawn much attention on the part of human rights lawyers.


Martine Herzog-Evans
Martine H-Evans, PhD, is a Professor at the Department of Law, Universite de Reims Champagne-Ardenne.
Article

Responses to Climate Change in Bangladesh

An Appraisal

Journal European Journal of Law Reform, Issue 2 2016
Keywords climate change, adaptation, Bangladesh, impacts, vulnerability
Authors Nour Mohammad
AbstractAuthor's information

    Climate change is a global problem. The impacts of climate change are worldwide. It’s not only detrimental for developing countries but also harmful for developed countries. Bangladesh is recognized as one of the countries most vulnerable to and affected by the impacts of climate change and global warming. This is due to its geographical location, geo-morphological conditions, low elevation from the sea, density of population, poverty, and remarkable dependence on nature, as well as its resources and services. As a developing country, Bangladesh is least responsible for the GHGs emission and an innocent victim of adverse impacts of climate change. This article explores the situation of climate change, its various causes and the impacts faced by the developing countries, in particular Bangladesh. The author aims to highlight how to reduce the causes of climate change for developing countries and the obligations of developed countries to combat the climate change under the existing international legal framework.


Nour Mohammad
Assistant Professor of Law, Premier University, Chittagong, Bangladesh.
Article

Comparative Legislative Drafting

Comparing across Legal Systems

Journal European Journal of Law Reform, Issue 2 2016
Keywords comparative legislative drafting, comparative law, drafting process
Authors Constantin Stefanou
AbstractAuthor's information

    This article is an original, first attempt at establishing a list of comparative criteria for the comparative study of legislative drafting or aspects of legislative drafting between the two families of legal systems: common law and civil law. Because of the limited bibliography in the field of legislative drafting – let alone in comparative legislative drafting between common law and civil law systems – this article adds to existing scholarship on the field aiming to become a basis for further comparative research in legislative drafting. The list of criteria can be used on its own for different jurisdictions within the same family of legal systems, or the two lists can be used to juxtapose civil and common law experiences in legislative drafting. As this is the first time that such lists of comparative criteria in legislative drafting have been produced, it should be stressed that the lists are certainly not exhaustive. The aim of this article is to generate comparative research in legislative drafting, and so, inevitably, such comparative research might add or even subtract criteria from the lists depending on results.


Constantin Stefanou
Dr Constantin Stefanou is the director of the Sir William Dale Centre for Legislative Studies, at the Institute of Advanced Legal Studies (School of Advanced Study, University of London). He is also the convener of the oldest master’s programme in the field of legislative drafting (LLM in advanced legislative studies) at the IALS.
Article

Enforcement of Judgments in SEE, CIS, Georgia and Mongolia

Challenges and Solutions

Journal European Journal of Law Reform, Issue 2 2016
Keywords enforcement, bailiffs, judgments, CIS, SEE
Authors Kim O’Sullivan and Veronica Bradautanu
AbstractAuthor's information

    The article considers the results of the Assessment of enforcement systems for commercial cases, carried out by the European Bank for Reconstruction and Development (EBRD) in 2013-2014. In phase I the Assessment looked at the systems in thirteen countries, namely Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyz Republic, Moldova, Mongolia, Russia, Tajikistan, Turkmenistan, Ukraine, Uzbekistan (“CIS+ region”); and in phase II another eight countries were reviewed: Albania, Bosnia and Herzegovina, Croatia, FYR Macedonia, Kosovo, Montenegro, Serbia and Slovenia (“SEE region”).
    On the basis of the information gathered during the Assessment, the article compares the three forms of enforcement systems and their manifestation in the assessed regions: public (state), private and mixed (hybrid) systems. Using examples from the reviewed jurisdictions, the article discusses the benefits and downsides of each form. There is no preferred form; however, each may borrow elements from the other to result in a stronger system.
    The Assessment attempted to provide a comprehensive overview of the enforcement frameworks and practices and to pinpoint areas that might need reform and attention in order to improve the quality of the service. It looked at the following elements of enforcement: resources and framework, supervision and integrity issues, searching for assets, seizure of assets, sale of assets, speed of enforcement, cost and fees.
    The article discusses in detail the two areas of enforcement that emerged from the Assessment as most challenging: searching for debtors’ assets and sale of seized assets. Facilitated access to registers, wider use of electronic means of communications and clear process are identified among the contributors to better practice in searching for assets. Similarly, use of electronic platforms, establishing a fair price, ensuring sufficient flexibility in methods and process of sale would help improve the outcome of enforcement.
    The article further analyses another two components often overlooked by the regulatory bodies and policymakers, which permeate the enforcement system, significantly influencing the enforcement process. This refers to gathering of statistical data about the results of enforcement and its effective use; as well as efficient supervisory system over enforcement agents. The article argues that gathering data about, for example, enforcement timeline and percentage of recovered claims, and publicizing such data shall contribute to improved results. Furthermore, having an adequate complaints system will help build trust in the enforcement profession.


Kim O’Sullivan
Kim O’Sullivan is a Principal Counsel at EBRD.

Veronica Bradautanu
Veronica Bradautanu is a Consultant to the EBRD.

    The Austrian Supreme Court has ruled that the general prohibition of Muslim face veils by an employer does not constitute unlawful discrimination. In this landmark decision, Austria’s Supreme Court expresses the view that an uncovered face is a prerequisite to proper communication. Thus, termination of employment by reason of an employee’s refusal to come to work unless she can wear a face veil is not unlawful under the Austrian Equal Treatment Act. Whether this rule also applies to other religious clothing such as headscarves remains to be seen.


Hans Georg Laimer
Hans Georg Laimer is a partner at zeiler.partners Rechtsanwälte GmbH.

Lukas Wieser
Lukas Wieser is an attorney at law at zeiler.partners Rechtsanwälte GmbH.
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