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    The Austrian Supreme Court has confirmed that an employer must pay compensation to an employee due to a violation of the employee’s privacy. The employer implemented a GPS system in its company cars without the employee’s knowledge and without legal basis.


Lukas Disarò
Lukas Disarò is an Attorney-at-Law at law Firm MMag. Gregor Winkelmayr, MBA, LL.M (Essex).

    The Romanian Court of Appeal has overruled a first instance court’s decision with the effect that the employees working in the public administration/special utilities/budgetary units are entitled to benefit from paid annual leave, in the case of multiple roles, in accordance with Directive 2003/88/EC, Directive 97/81/EC and ECJ rulings.


Andreea Suciu
Andreea Suciu is the Managing Partner of Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an Associate at Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).
Case Reports

2019/51 Stand-by time from home is paid working time (RO)

Journal European Employment Law Cases, Issue 4 2019
Keywords Working time
Authors Andreea Suciu and Gabriela Ion
AbstractAuthor's information

    Stand-by time from home represents working time of medical personnel even for the periods when no medical activity was actually performed (no attendance at the hospital was required), the salary rights for such period being determined as a percentage of the hourly rate for the basic salary and the number of hours when stand-by time from home was performed.


Andreea Suciu
Andreea Suciu is the Managing Partner of Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an associate with Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).
Case Reports

2019/34 Reduction of annual leave during parental leave is lawful (GE)

Journal European Employment Law Cases, Issue 3 2019
Keywords Maternity and parental leave
Authors Nina Stephan and David Meyer
AbstractAuthor's information

    The Higher Labour Court of Berlin-Brandenburg (Landesarbeitsgericht (LAG)) has held that the pro rata reduction of annual leave depending on the period of parental leave is lawful. In general, statutory holiday entitlement also exists for the period of parental leave. However, the employer has the right to reduce leave pro rata for each full month of parental leave according to Section 17 paragraph 1 sentence 1 of the Federal Parental Allowances and Parental Leave Act (Bundeselterngeld- und Elternzeitgesetz (BEEG)). The proportional reduction is in line with European law.


Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

David Meyer
David Meyer is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

    The decision pronounced by the first instance court related to the right of professional foster parents to request payment in lieu of untaken annual leave based on ECJ case law has been overruled by the Court of Appeal by making reference to a different ECJ ruling.


Andreea Suciu
Andreea Suciu is the Managing Partner and Gabriela Ion is an associate at Suciu | The Employment Law Firm (https://www.suciu-employmentlaw.ro).

Gabriela Ion

    The Higher Administrative Court of Münster (Oberverwaltungsgericht, the ‘OVG’) has held that a minimum body height of 163 cm for applicants to the police service, irrespective of gender, is lawful. At least, this shall apply if the determination of a minimum body height standard is a suitability criterion for access to the police service. Minimum standards solely serve the purpose of ensuring fitness for service and result from a comprehensive investigation. The investigation in this case established that suitability for the police service can only be guaranteed from a height of 163 cm upwards.


Paul Schreiner
Paul Schreiner is a partner at Luther Rechtsanwaltsgesellschaft mbH.

Nina Stephan
Nina Stephan is an attorney-at-law at Luther Rechtsanwaltsgesellschaft mbH.

    A decision taken by an employer based on gender which respects the national legislation was considered discriminatory based on EU legislation.


Andreea Suciu
Andreea Suciu is the Managing Partner Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

Gabriela Ion
Gabriela Ion is an associate at Suciu I The Employment Law Firm (https://suciu-employmentlaw.ro/).

    Following an appeal by Uber against the Employment Appeal Tribunal’s (EAT) finding last year, which was featured in EELC 2018/9, that drivers engaged by Uber are ‘workers’ rather than independent contractors (reported in EELC 2018-1), the Court of Appeal (CA) has now upheld the EAT’s decision. The CA also upheld the finding of the Employment Tribunal (ET), which was featured in EELC 2017/10, that drivers are working when they are signed into the Uber app and ready to work (reported in EECL 2017-1). Uber has approximately 40,000 drivers (and about 3.5 million users of its mobile phone application in London alone) and so this decision has potentially significant financial consequences for the company.


Jemma Thomas
Jemma Thomas is a Senior Associate Solicitor at Lewis Silkin LLP.

    The proliferation of space debris and the imminent deployment of large constellations of satellites in LEO could negatively impact the long-term sustainability of outer space activities. A potential solution to clean up space and maintain a sustainable space environment is Active Debris Removal (ADR). The ADR is a potential revenue earning activity, but such activity needs a legal framework that will dissolve the existing concerns. Space law is fundamental for supporting a potential business case for commercial ADR missions. This paper will bring into discussion an international mechanism addressing the financial means for commercial ADR activity with a focus on LEO. By doing so, this paper will address the advent of ADR as lucrative activity and will analyze the proposal to finance an international fund by the launching states and ADR operators in a “Pay or play” fashion.
    In particular, this paper will analyze the need of an international funding mechanism for space debris removal and analyze the liability issues affecting the launching state and indirectly the private company with ADR capabilities. This paper aims to answer why private companies should contribute to an international fund for space debris removal depending on the Post-Mission Disposal capabilities of the satellites deployed in orbit and/or ADR solutions identified in case the satellites fail to answer the control commands. Further, this paper will analyze the prospects to manage the activity for ADR by accessing this fund.


Claudiu Mihai Tăiatu
LLM (Adv.) in Air and Space Law, International Institute of Air and Space Law, Leiden University.

    In 2010, the Scientific and Technical Subcommittee of the UNCOPUOS formed the Working Group on Long Term Sustainability (LTS) of Outer Space Activities, assigning it the task of formulating voluntary non-binding guidelines focusing on sustainable space utilization, space debris and space operations, space weather, and regulatory regimes. At its June 2016 meeting, the UNCOPUOS approved 12 of the proposed guidelines, while several remained on the UNCOPUOS agenda. Although the LTS Guidelines are voluntary, their adoption by the UNCOPUOS and consideration by the UNGA’s 4th Committee, are evidence of a growing awareness of their potential contribution to the evolution of space law applicable to all states. This paper explores whether the LTS Guidelines could evolve into customary legal norms as part of customary international law (CIL) and steps that could promote that evolution.


Larry F. Martinez
California State University, Long Beach, USA.

James H. Armstead
Attorney, USA.

Merve Erdem
University of Ankara, Turkey.
Article

Quo Vadis, Europa?

Loopholes in the EU Law and Difficulties in the Implementation Process

Journal European Journal of Law Reform, Issue 2 2016
Keywords EU Law, Quality of Legislation, Loopholes, Implementation, Joint Practical Guide
Authors Markéta Whelanová
AbstractAuthor's information

    EU law is a very wide-ranging legal system that comprises thousands of legal acts. It endeavours to regulate many relationships in the Member States of the European Union and effects everyday lives both of individuals and public bodies. EU law is, however, not always positively accepted. Such non-acceptance often follows from the increasing number of cases when EU law cannot be effectively applied on the national level. Significant reason for that lies in the poor quality of EU law.
    The article describes features that cause ambiquity of EU legislation, its complexity and incompleteness, that have a very detrimental effect on the application of EU law on the national level. Further it refers to defects of form of certain pieces of EU legislation that give rise to questions concerning legal certainty and due implementation into national legal orders. The article contains many illustrative examples supporting the presented points of view and indicates ways to be taken in the future.


Markéta Whelanová
Head of the Analytical Unit of the Department for Compatibility with EU Law of the Czech Office of the Government and Deputy Director of this Department. Vice-president of the Working Commission for EU Law of the Legislation Council of the Czech Government.

Ali Akbar Golroo
Dr. Ali Akbar Golroo, Aerospace Research Institute, Iran, ali@ari.ac.ir.

Hamid Kazemi
Dr. Hamid Kazemi, Aerospace Research Institute, Iran, h.kazemi@ari.ac.ir.
Article

Corruption and Controls

Journal European Journal of Law Reform, Issue 4 2015
Keywords corruption, controls, inspections, administration, regulation
Authors Maria De Benedetto
AbstractAuthor's information

    Anti-corruption is a relatively recent policy which calls for controls. They represent the most effective means in rebalancing institutions which are not fully informed: ‘secrecy’, in fact, characterizes infringements and corrupt behaviour.
    Alongside criminal investigation, administrative controls and administrative investigation should be considered crucial because they intervene at early stages, when corruption has been developing, allowing real prevention.
    This article analyses some points that we should remember in order to connect controls and corruption correctly: first of all, controls have a hybrid nature: not only are they a way to combat or prevent corruption but also they are real occasions for corrupt transactions; furthermore, controls are a cost and administrative capacity of control is limited; moreover, planning controls is not a simple task; and finally, sanctions following controls must be effective in order to deter.
    The article also analyzes what is needed in matters of corruption controls, with special reference to good rules (aiming at a legal system with fewer but better rules, rules which work as incentives, rules capable of designing good institutions). There is also a need for good practices (in order to improve the understanding of corruption processes, to reduce controls, to cooperate in investigating cases of corruption).
    Finally, the article warns about the fact that corruption controls produce more bureaucracy and that early detection of corruption would mean, in this perspective, to make a diagnosis of ‘corruptibility’ starting from rules.


Maria De Benedetto
Full Professor, Roma Tre University.

Shouping Li
Professor of international law, Law school of Beijing Institute of Technology, Director of Institute of Space Law of Beijing Institute of Technology

Hatsuru Morita
Tohoku University, Japan

Peter Van Aelst
Peter Van Aelst is hoofddocent aan het Departement Politieke Wetenschappen van de Universiteit Antwerpen en aan het Instituut voor Politieke Wetenschap van de Universiteit Leiden en lid van de onderzoeksgroep Media, Middenveld en Politiek (M2P). Zijn onderzoek situeert zich voornamelijk in de domeinen van de politieke communicatie en vergelijkende politiek.

Kees Aarts
Kees Aarts is hoogleraar politicologie aan de Universiteit Twente en wetenschappelijk directeur van het Institute for Innovation and Governance Studies aldaar. Zijn onderzoeksbelangstelling gaat uit naar democratie, verkiezingen en kiezersgedrag.

Fabio Tronchetti
Associate Professor of Law, School of Law, Harbin Institute of Technology, China; Adjunct Professor of Comparative National Space Law, School of Law, University of Mississippi, United States

George Anthony Long
Fountain Hills, Arizona, USA

Isabelle Duvaux-Béchon
European Space Agency (ESA), Paris, France, Isabelle.Duvaux-Bechon@esa.int.

Jérome Bequignon
European Space Agency, Bruxelles, Belgium, jerome.bequignon@esa.int.

Nataliia R. Malysheva
Deputy Director, International Space Law Center, Kyiv, Ukraine, nrm52@mail.ru

Olga S. Stelmakh
Senior Legal Adviser, Parliament of Ukraine, Ukraine, os@c-n-l.eu
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