Various of our academic board analysed employment law cases from last year. |
Search result: 84 articles
Case Law |
2022/1 EELC’s review of the year 2021 |
Journal | European Employment Law Cases, Issue 1 2022 |
Authors | Niklas Bruun, Filip Dorssemont, Zef Even e.a. |
Abstract |
Rulings |
ECJ 10 March 2022, case C-247/20 (Commissioners for Her Majesty's Revenue and Customs (Assurance maladie complète)), Social InsuranceVI – v – The Commissioners for Her Majesty’s Revenue & Customs, UK case |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Social Insurance |
Abstract |
Once a child and a parent have obtained a right of permanent residence, they do not need a comprehensive sickness insurance cover. However, they do need it when they want to obtain an initial right of residence for more than three months. |
Developments in International Law |
The Evolution of Content-Related Offences and Their Investigation During the First 20 Years of the Cybercrime Convention |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | cybercrime, content-related offence, cyberbullying, privacy, wiretapping |
Authors | Kinga Sorbán |
AbstractAuthor's information |
The Convention on Cybercrime otherwise known as the Budapest Convention was a complex, pioneering instrument addressing cross-border computer crimes in the wake of the 21st century. As the first international treaty aiming to tackle new threats emerging from the cyberspace, the Convention signed in 2001 certainly influenced national regulators and law enforcement over many years. Two decades have passed since 2001 and the Internet era has undergone previously unpredictable changes, as web 2.0 services started to thrive. Even though the Convention can be considered a landmark in international legislation, after 20 years one must eventually assess how well it stood the test of time and whether it still has relevance. This article has no smaller goal but to evaluate the evolution of content-related cybercrimes and try to the question whether the Convention is still fit to tackle contemporary issues or rather, is outdated and ready to retire. |
Developments in European Law |
Whose Interests to Protect?Judgments in the Annulment Cases Concerning the Amendment of the Posting Directive |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | posting of workers, freedom to provide services, posting directive, remuneration of posted workers, private international law |
Authors | Gábor Kártyás |
AbstractAuthor's information |
The directive 96/71/EC on the posting of workers had been in force for over 20 years when its first amendment (Directive 2018/957) came into force on 30 July 2020. The Hungarian and Polish Governments initiated annulment proceedings against the new measure, primarily arguing that as the amendment extended the host state’s labor standards ó to posted workers, the directive is no longer compatible with the freedom to provide services (Cases C-620/18 and C-626/18). Although both claims were rejected, the actions contain a number of noteworthy legal arguments (from the perspective of home States), which highlight some of the long-known contradictions of EU legislation on postings. The article summarizes the CJEU’s key observations made in the judgments, which are important propositions for further discussion. |
Public Health Emergency: National, European and International Law Responses |
European State Aid Rules in Times of PandemicDistorting Competition Between European Airlines? |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | state aid, air transport, airlines, COVID-19 pandemic, Ryanair |
Authors | Mónika Papp |
AbstractAuthor's information |
The outbreak of the COVID-19 pandemic had an immediate and profound impact on mobility and, more specifically, on air passenger transport: airlines were quickly stranded, and the Member States granted aid to air carriers subject to specific eligibility criteria. The Commission reacted swiftly to challenges posed by the COVID-19 pandemic and adopted its Temporary Framework under which vast amounts could be disbursed to market operators. The most controversial eligibility condition set by the Member States is the holding of a national license. This article’s research questions are, first, to explore the conditions under which Member States can grant large amounts of state aid to airlines, and second, to assess whether the requirement to hold a national license is compatible with EU law. By addressing these issues, this article seeks to improve our understanding of EU law’s capacity to tackle distortions of competition. |
Developments in European Law |
The Possibility of Using Article 72 TFEU as a Conflict-of-Law RuleHungary Seeking Derogation from EU Asylum Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | Article 72 TFEU, internal security, conflict of law, Common European Asylum System, relocation decisions |
Authors | Ágnes Töttős |
AbstractAuthor's information |
The purpose of this article is to examine how the CJEU circumscribed the room for maneuver of Member States for safeguarding their internal security and whether the use of and reference to Article 72 TFEU changed over the past years. The starting point of the analysis is the Hungarian asylum infringement case: the article looks back at earlier case-law and identifies how the reference to Article 72 TFEU shifted from considering it an implementation clause to the attempts at using it as a conflict-of-law rule. Although the article finds that the CJEU reduced the scope of possibly using Article 72 TFEU as a conflict-of-law rule and practically excludes its application by the setting high standards for this unique form of application, the article examines some extreme situations from 2020 where it could be validly referred to. |
Public Health Emergency: National, European and International Law Responses |
State Aid in the Times of COVID-19 Pandemic |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | temporary framework, competition law, state aid, COVID-19, European Commission |
Authors | Katalin Gombos and Anikó Edit Szűcs |
AbstractAuthor's information |
COVID-19 caused serious turbulence in the economy worldwide, severely damaging certain industries, while generating extra revenues for others. In order to be able to continue business as usual following the current crises there is a need to provide state aid to sectors and companies which could not have been imaginable previously. The EU has reacted extremely speedily. Under the Temporary Framework issued by the European Commission at the beginning of the pandemic a significant number of state aids has been approved. Although the Temporary Framework was adapted very quickly, the transitional rules ensure that state aids do not interfere with the functioning of the internal market except to the extent a necessary and proportionate. The present article highlights the various legal bases which can be invoked in the present COVID-19 pandemic situation for providing state aid, includes a comprehensive summary of every single state aid notified to the European Commission with respect to the effects of COVID-19 pandemic and presents numerous examples from the practice. |
Editorial |
Editorial Comments: COVID-19 – EU Citizenship and the Right to Free Movement in a Public Health CrisisForeword to Vol. 9 (2021) of the Hungarian Yearbook of International Law and European Law |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Authors | Laura Gyeney |
Author's information |
Rulings |
ECJ 15 July 2021, case C-709/20 (The Department for Communities in Northern Ireland), Social Insurance, Other Fundamental RightsCG – v – The Department for Communities in Northern Ireland, UK Case |
Journal | European Employment Law Cases, Issue 3 2021 |
Keywords | Social Insurance, Other Fundamental Rights |
Abstract |
British Universal Credit legislation is compatible with the principle of equal treatment guaranteed by EU law, but cannot expose Union citizens and their children to a risk of violation of their rights enshrined in the Charter of Fundamental Rights of the European Union, in particular the respect for human dignity. |
Article |
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Journal | Erasmus Law Review, Issue 1 2021 |
Keywords | text mining, machine learning, law, natural language processing |
Authors | Arthur Dyevre |
AbstractAuthor's information |
Many questions facing legal scholars and practitioners can be answered only by analysing and interrogating large collections of legal documents: statutes, treaties, judicial decisions and law review articles. I survey a range of novel techniques in machine learning and natural language processing – including topic modelling, word embeddings and transfer learning – that can be applied to the large-scale investigation of legal texts |
Rulings |
ECJ 17 December 2020, case C-710/19 (G. M. A. (Demandeur d’emploi)), Social InsuranceG.M.A. – v – Belgium, Belgian case |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Social Insurance |
Abstract |
A host state must grant a Union citizen a reasonable period to find a job. |
Case Law |
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Journal | European Employment Law Cases, Issue 1 2021 |
Authors | Ruben Houweling, Daiva Petrylaitė, Marianne Hrdlicka e.a. |
Abstract |
Various of our academic board analysed employment law cases from last year. However, first, we start with some general remarks. |
Pending Cases |
Case C-574/20, Social InsuranceXO – v – Finanzamt Waldviertel, reference lodged by the Bundesfinanzgericht (Austria) on 3 November 2020 |
Journal | European Employment Law Cases, Issue 1 2021 |
Keywords | Social Insurance |
Article |
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Journal | International Journal of Online Dispute Resolution, Issue 2 2020 |
Keywords | European legislation, Alternative Dispute Resolution, civil procedure |
Authors | Rebecca Berto |
AbstractAuthor's information |
Alternative Dispute Resolution (=ADR) is a generic reference to consensus-based processes that provide an alternative to litigation and to binding arbitration procedures. Analysing European provisions, the European legislator pushes Alternative Dispute Resolution methods as a means of resolving not only consumer-to-business disputes but also business-to-business. This may determine over the long term a sort of ‘dejurisdictionalization’ process, moving disputes from tribunals to Alternative Dispute Resolution methods. Procedural rights, however, such as raising interpretative questions to the European Court of Justice, may only be exercised before a court. |
Article |
EU Integrative Approach to Space and Telecommunications Areas |
Journal | International Institute of Space Law, Issue 6 2020 |
Authors | Mahulena Hofmann |
AbstractAuthor's information |
The European Union has turned into a significant player in the area of space activities and this has been accompanied by legislative steps. In 2018, it formulated a Proposal for a Regulation Establishing the Space Programme of the Union and the European Union Agency for the Space Programme which seeks to regulate the governance of the key components of the EU space activities. In parallel, the Union adopted also the Directive No 2018/1972 establishing the European Communications Code, which represents the recent developments in the approach to frequency spectrum applicable also to space communication. It is interesting to see that from the legislative point of view European Union is approaching the regulation of space activities and telecommunication differently. Whereas telecommunication, including space communication, is regulated as a part of the European internal market and the respective procedures are substantially harmonised, space activities are based on the provision of the Lisbon Treaty which expressly prohibits any harmonization of national space laws. The common denominator for both areas is the method to codify a whole package of new and older activities in a single document. |
Article |
The ECB’s Independence and the Principle of Separation |
Journal | European Journal of Law Reform, Issue 3 2020 |
Keywords | ECB, Banking Supervision, Banking Supervision Centralization, Prudential Supervision, European Union, EU Law, Banking Union, Central Banking Independence, SSMR, SSMR |
Authors | Pamela Nika |
AbstractAuthor's information |
This article addresses the question of whether the European Central Bank’s (ECB’s) involvement in banking supervision is compatible with its independent status as provided by the European Union’s (EU’s) primary law, specifically with reference to the principle of separation between the ECB’s monetary policy and supervisory powers. It is found that the Single Supervisory Mechanism (SSM) Regulation provides the ECB with a set of prerequisites in pursuit of its supervisory objectives under a high level of independence. However, the article argues that the current EU regulatory framework poses risks to the overall independence of the ECB. In particular, the principle of separation, as one of the mechanisms aimed at safeguarding the ECB’s independence, is not fully achieved. In addition, the boundaries and application of macro-prudential operation of the ECB in both the SSM and European Systemic Risk Board (ESRB) remain blurry and uncertain. The article concludes by suggesting that the only way to safeguard the independence of the ECB is by carefully revising the ECB’s competencies, which may require treaty amendment. |
Rulings |
ECJ 2 April 2020, case C-802/18 (Caisse pour l’avenir des enfants), Social InsuranceCaisse pour l’avenir des enfants – v – FV and GW, Luxembourg case |
Journal | European Employment Law Cases, Issue 2 2020 |
Keywords | Social Insurance |
Abstract |
Child benefits connected with pursuing activities as employed persons are social advantages within the meaning of Article 45 TFEU and Article 7(2) of Regulation 492/2011/EU. Articles 1(i) and 67 of Regulation 883/2004/EC in conjunction with Articles 7(2) of Regulation 492/2011 and Article 2(2) of Directive 2004/38/EC preclude provisions according to which member states provide frontier workers only child benefits for their own children, but not for their spouses’ children who they support, while all children living in the member state are entitled to these childs benefits. |
Article |
A New Aspect of the Cross-Border Acquisition of Agricultural LandsThe Inícia Case Before the ICSID |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2020 |
Keywords | ICSID, investment law, free movement of capital, land tenure, land law |
Authors | János Ede Szilágyi and Tamás Andréka |
AbstractAuthor's information |
The Inícia case concluded at the International Centre for Settlement of Investment Disputes (ICSID) on 13 November 2019 shows that international arbitration institutions may have a significant role even in the EU Member States’ disputes concerning the cross-border acquisition of agricultural lands. Taking the regulation concerning cross-border acquisition into consideration, the last decade was extremely eventful: (i) Following the expiration of transitional periods, the new Member States were obliged to adopt new, EU law-conform national rules concerning the cross-border acquisition of agricultural lands. (ii) The European Commission began to generally and comprehensively assess the national land law of the new Member States. (iii) The FAO issued the Voluntary Guidelines on the ‘Responsible Governance of Tenure of land, fisheries and forests in the context of national food security’ (VGGT), which is the first comprehensive, global instrument on this topic elaborated in the framework of intergovernmental negotiations. (iv) Several legal documents, which can be regarded as soft law, concerning the acquisition of agricultural lands have been issued by certain institutions of the EU; these soft law documents at EU level are as rare as the VGGT at international level. (v) The EU initiated numerous international investment treaties, regulations of which also affect numerous aspects of the cross-border acquisition of agricultural lands. (vi) The Brexit and its effect on the cross-border acquisition of agricultural lands is also an open issue. Taking the above-mentioned development into consideration, the Inícia case may have a significant role in the future of the cross-border transaction among EU Member States and beyond. |
Article |
The Impact of the Achmea Ruling on Intra-EU BIT Investment ArbitrationA Hungarian Perspective |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2020 |
Keywords | Achmea, Intra-EU BIT, investment arbitration, investment protection, Hungary |
Authors | Veronika Korom |
AbstractAuthor's information |
The Achmea judgment of the CJEU brought the worlds of EU law and investment arbitration on a collision course. The judgment sent shockwaves through the EU investment arbitration community, which feared that Achmea would be the death knell of intra-EU BIT arbitration. In the years since Achmea, however, arbitral tribunals, ad hoc committees and national courts have found ways around Achmea, effectively eliminating its practical impact on intra-EU investment disputes. On 5 May 2020, the majority of EU Member States adopted a multilateral agreement that seeks to terminate intra-EU BITs and provides for a transitional regime for pending arbitrations in order to give effect to Achmea. This agreement, once ratified, will mark the end of intra-EU BIT arbitration in the future, although its impact on pending proceedings remains unclear. With its 22 intra-EU BITs and several arbitration proceedings pending under these treaties, Hungary has relied heavily (albeit unsuccessfully thus far) on Achmea in recent years as part of its defense strategy. The final termination of intra-EU BITs will be a win for Hungary in the short term, as no new investment arbitrations can be pursued by EU investors against Hungary. In the long term, however, the termination of intra-EU BITs will leave Hungarian companies who invest in the EU without sound legal protection and may even adversely impact Hungary’s standing as an attractive place for EU investment. |
Article |
Challenges Arising From the Multi-Level Character of EU CitizenshipThe Legal Analysis of the Delvigne and Tjebbes Cases |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2020 |
Keywords | Union citizenship, supranational status, voting rights in the European Parliament elections, dual citizenship, loss of citizenship |
Authors | Laura Gyeney |
AbstractAuthor's information |
Studies on the relationship between EU citizenship and Member State legal orders speak either of the loss of control over national sovereignty or, on the contrary, the judicial deconstruction of Union citizenship. These firm positions on how EU citizenship should be perceived fit well with the two markedly different mindsets represented in legal literature: while representatives of the federalist view envision a politically integrated, supranational community behind the treaty provisions on EU citizenship, sovereignists oppose the extension of EU powers via judicial interpretation tooth and nail. This study aims to find an answer to the question whether the CJEU, in its latest judgments on EU citizenship issues, has succeeded in consolidating the constitutional basis of EU citizenship in a way that is reassuring for Member States, i.e. by respecting the principle of conferral. In this respect, it may be established that in both cases analyzed below, such as the Delvigne and Tjebbes cases, the CJEU made well-balanced decisions keeping EU as well as Member State interests in mind, which, although has brought no substantial progress in the process of recognizing EU citizenship as an autonomous status, makes efforts to consolidate the fundamental characteristic thereof. |