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    The Luxembourg Court of Appeal (Cour d’appel de Luxembourg) confirmed that an employee dismissed with notice and exempted from performing their work during the notice period is no longer bound by the non-competition duties arising from their loyalty obligation and can therefore engage in an employment contract with a direct competitor of their former employer during that exempted notice period. However, the Court of Appeal decided that, even if the former employee is in principle entitled to use the know-how and knowledge they acquired with their former employer, the poaching of clients during the notice period must, due to the facts and circumstances and in the light of the rules applicable in the financial sector, be considered as an unfair competition act and therefore constitutes serious misconduct justifying the termination of the employment contract with immediate effect.


Michel Molitor
Michel Molitor is the managing partner of MOLITOR Avocats à la Cour SARL in Luxembourg, www.molitorlegal.lu.

Régis Muller
Régis Muller is partner within the Employment, Pension & Immigration department of MOLITOR Avocats à la Cour SARL in Luxembourg, www.molitorlegal.lu.
Article

Access_open ‘We Do Not Hang Around. It Is Forbidden.’

Immigration and the Criminalisation of Youth Hanging around in the Netherlands

Journal Erasmus Law Review, Issue 1 2016
Keywords Criminalisation of youth hanging around, culture of control, immigration and discrimination
Authors Thaddeus Muller
AbstractAuthor's information

    The focus in this article is the ‘criminalisation’ of youth hanging around with the emergence of bans on hanging around. A critical social constructivist approach is used in this study, which draws predominantly on qualitative primary data collected between the late 1980s and 2010s. The article compares indigenous with immigrant youth, which coincides with, respectively, youth in rural communities and youth in urban communities. This study shows that there is discrimination of immigrant youth, which is shaped by several intertwining social phenomena, such as the ‘geography of policing’ – more police in urban areas – familiarity, sharing biographical information (in smaller communities), and the character of the interaction, normalising versus stigmatising. In further research on this topic we have to study (the reaction to) the transgressions of immigrant youth, and compare it with (the reaction to) the transgressions of indigenous youth, which is a blind spot in Dutch criminology.


Thaddeus Muller
Thaddeus Muller, Ph.D., is senior lecturer at the Lancaster University Law School.
Article

Het meten van discourscoalities met discoursnetwerkanalyse

Naar een formele analyse van het politieke vertoog

Journal Res Publica, Issue 3 2014
Keywords Discourse analysis, social network analysis, discourse coalitions, policy conflict, methodology, public policy
Authors Allan Muller
AbstractAuthor's information

    Since the ‘argumentative turn’ in policy analysis scholars have increasingly focused on discourse as an explanatory factor for the analysis policy processes. This has resulted in a proliferation of rich and deep qualitative discourse-analytical studies on a vast range of policy controversies. However, these studies have two important shortcomings: firstly, they offer limited possibilities for comparative research, because they lack an objectified and standardized measuring instrument. Secondly, according to some critics, these studies do not live up to scientific standards.
    This article presents a method based on a combination of content analysis and social network analysis which can be complementary to qualitative approaches, in order to answer to these shortcomings. It is exemplified by a limited case study on two debates within the policy domain of transport-mobility in Flanders. The article concludes with a discussion of a number of possible applications of the method within the broader discipline of political science.


Allan Muller
Allan Muller is verbonden aan de Vrije Universiteit Brussel. Zijn onderzoek richt zich op de formele meting van beleidsposities en beleidscontroverse op basis van discours, alsook op de comparatieve analyse van beleidscontroverses.

Günter Müller Stewens
Professor of Management and Organization at the University of St. Gallen; Managing Director of the Institute of Management.

Jens Drolshammer
Professor of Law, (Titularprofessor für Angloamerikanisches Recht und Rechtsgeschäftsplanung und -gestaltung), University of St. Gallen, Switzerland; Co-Founder and President of the Commission and Lecturer on Law, Master of European and International Business Law (M.B.L.-HSG) and Master of International Management Programs at St. Gallen University; Partner, Homburger Rechtsanwälte, Zürich, Switzerland; Visiting Scholar and Fellow, Harvard Law School (Spring 1999).

Müller-Chen Dr. Markus
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