Search result: 1448 articles

x
Pending Cases

Case C-132/22, Free Movement

BM, NP – v – Ministero dell’Istruzione, dell’Università e della Ricerca, reference lodged by the Tribunale Amministrativo Regionale per il Lazio (Italy) on 25 February 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Free Movement
Pending Cases

Case C-112/22, Free Movement, Social Insurance

CU, reference lodged by the Tribunale di Napoli (Italy) on 17 February 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Free Movement, Social Insurance
Rulings

ECJ 16 June 2022, case C-328/20 (Commission – v – Austria (Indexation des prestations familiales)), Social Insurance, Free Movement

European Commission and intervening parties – v – Republic of Austria and intervening parties, Austrian case

Journal European Employment Law Cases, Issue 2 2022
Keywords Social Insurance, Free Movement
Abstract

    It is not allowed to vary benefits of workers with children in another member state depending on the price level in the country of residence of the children.

    Flight and cabin crew not covered by E101 certificates who work for 45 minutes per day in an airline’s premises intended to be used by staff located at Bergamo airport and who are on board that airline’s aircraft the rest of the time, are subject to Italian social security legislation.

Pending Cases

Cases C-190/22, Fixed-Term Work

BL – v – Presidenza del Consiglio dei Ministri, reference lodged by the Ufficio del Giudice di pace di Rimini (Italy) on 7 March 2022

Journal European Employment Law Cases, Issue 2 2022
Keywords Fixed-Term Work
Rulings

ECJ 22 June 2022, case C-534/20 (Leistritz), Privacy, Unfair Dismissal

Leistritz AG – v – LH, German case

Journal European Employment Law Cases, Issue 2 2022
Keywords Privacy, Unfair Dismissal
Abstract

    A Member State can impose rules for the dismissal of data protection officers which are stricter than those of the GDPR, but they may not undermine the GDPR’s objectives.

Article

Access_open Mapping the Parameters of Online Dispute Resolution

Journal International Journal of Online Dispute Resolution, Issue 1 2022
Keywords ODR, ethics, online dispute resolution, alternative dispute resolution, technology, artificial intelligence
Authors Leah Wing
AbstractAuthor's information

    The definition of online dispute resolution (ODR) has become increasingly contested, particularly fueled by the recent explosion in the use of technology during the pandemic by courts and alternative dispute resolution practitioners. The recent expansion of stakeholders has contributed productively to the on-going discussion of the parameters of ODR that have implications for ethical practice. Does the use of video conferencing constitute ODR? What new procedural and substantive justice concerns arise with the use of technology in dispute handling and how should they be addressed? Since technology not only alters the role of third parties and disputants but also serves as a fourth party, what are the ethical implications for example, of employing artificial intelligence? How can explorations of the boundaries of ODR foster a re-imaging of 21st Century justice systems?
    This article explores the importance of the parameters of ODR for the ethical practice of dispute resolution and introduces a paper, Framing the Parameters of Online Dispute Resolution (National Center for Technology and Dispute Resolution, 2022) that offers a descriptive ODR Framework; one that encompasses the broad range of views on the boundaries of ODR along an axis of increasing reliance on technology through various functions and stages of dispute handling. The article discusses the implications of this ODR Framework for enhancing ethical guidance and regulation for whatever definition of ODR is utilized.


Leah Wing
Leah Wing is Director, National Center for Technology and Dispute Resolution; Co-Founder and President-elect, Board of Directors, International Council for Online Dispute Resolution; and Senior Lecturer II, Legal Studies Program, Department of Political Science, University of Massachusetts, Amherst (USA).
Article

Europe’s Coordinated Approach to ODR

Journal International Journal of Online Dispute Resolution, Issue 1 2022
Keywords Online Dispute Resolution (ODR), AI, lawtech, justice systems, human rights, Council of Europe, access to justice, European Cyberjustice Network, European Commission for the Efficiency of Justice
Authors Graham Ross
AbstractAuthor's information

    While court administrations/justice departments were not among the early adopters of online dispute resolution (ODR) they can clearly, as gatekeepers to the majority of civil disputes, have an enormous influence on ODR and, in particular, the speed at which ODR is adopted as a widely accepted practice in dispute resolution.
    Systems being rolled out by or for courts have been piecemeal as individual administrations pursue research into their own future. Early systems tend to be in either case management and/or e-filing but little in the way of e-negotiation or aids to resolution. What is shared is the existing challenges to the courts from rising costs, process delay and growth in the numbers of citizens unable, owing to cost, to pursue or defend litigation.
    In Europe what is bringing court administrations together in their development of ODR has been the issue of human rights and access to justice, which explains why an overall influence in the sharing of knowledge and experience in ODR has been the Council of Europe. This was a body set up in the immediate aftermath of World War II with a view to encouraging European states to work together in advancing and protecting human rights. Its greatest creation has been the European Convention on Human Rights and, of particular relevance, Article 6, which secures the right to a “public hearing within a reasonable time by an independent and impartial tribunal established by law”.
    This article tracks various developments from bodies within the structure of the Council of Europe with regard to the application of ODR to the judicial system. These developments extend from research and debate on whether the overall impact on human rights and, in particular, access to justice, of ODR could be seen as a threat, and thus something to be protected against, or in a more positive light and, therefore, to be encouraged. This article tracks the formation of various bodies within the Council of Europe, such as the European Commission for the Efficiency of Justice , The Working Group on Cyberjustice and Artificial Intelligence and, most recently, the European Cyberjustice Network. This article also notes outcomes such as the Report on the impact of ODR on Human Rights produced by the Committee of Legal Affairs and Human Rights of the Council of Europe and the European Ethical Guidelines on the use of AI in judicial systems produced by The Working Group on Cyberjustice and Artificial Intelligence of the European Commission for the Efficiency of Justice.


Graham Ross
Graham Ross is a UK lawyer and mediator with over 20 years of experience in IT and the law. Graham is the author of lthe original QUILL egal application software (accounts and time recording) and the founder of LAWTEL, the popular webbased legal information update service. Graham co-founded the first ODR service in the UK, WeCanSettle, designing the blind bidding software at the heart of the system. Graham subsequently founded TheMediationRoom.com, for whom he designed their online mediation platform. Graham speaks regularly at international conferences on the application of technology to ADR. Graham was host of the 5th International Conference on Online Dispute Resolution held in Liverpool, UK, in 2007 and has organised two other ODR conferences. Graham was a member of the EMCOD project which created a tool for the European Union for the measurement of justice through ODR. Graham was a member of the UK Civil Justice Council’s Advisory Group on Online Dispute Resolution, whose recommendations led to the creation of an online court for small claims. Graham is a Board Member of ICODR. Graham is also a leading trainer in ODR having created the accredited distance training course at www.ODRtraining.com.
Article

ODR Readiness of Portuguese-Speaking Countries

Journal International Journal of Online Dispute Resolution, Issue 1 2022
Keywords PALOP, ODR, ICT, Portuguese-speaking, dispute resolution
Authors Ana Maria Maia Gonçalves, Andrea Maia, Nuno Albuquerque e.a.
AbstractAuthor's information

    In this article, we investigate whether the conditions for the emergence of an online dispute resolution (ODR) market in Portuguese-speaking countries have been met. The size of the Portuguese-speaking population and the internet penetration in Portuguese-speaking countries may look promising, but what is called networked readiness as well as the legal context needs to be factored in before any conclusion may be drawn.


Ana Maria Maia Gonçalves
Ana Maria Maia Gonçalves, Instituto de Formação e Certificação de Mediadores Lusófonos (ICFML)

Andrea Maia
Andrea Maia, Instituto de Formação e Certificação de Mediadores Lusófonos (ICFML)

Nuno Albuquerque
Nuno Albuquerque, Instituto de Formação e Certificação de Mediadores Lusófonos (ICFML)

François Bogacz
François Bogacz, Instituto de Formação e Certificação de Mediadores Lusófonos (ICFML). Correspondence should be addressed to ana@icfml.org and fb@icfml.org.
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

    Various of our academic board analysed employment law cases from last year.


Niklas Bruun

Filip Dorssemont

Zef Even

Ruben Houweling

Marianne Hrdlicka

Anthony Kerr

Attila Kun

Jean-Philippe Lhernould

Daiva Petrylaitė

Luca Ratti

Jan-Pieter Vos
Pending Cases

Case C-731/21, Social Insurance

GV – v – Caisse nationale d’assurance pension, reference lodged by the Cour de cassation du Grand-Duché de Luxembourg (Luxembourg) on 1 December 2021

Journal European Employment Law Cases, Issue 1 2022
Keywords Social Insurance

    The Danish Ministry of Employment has been held liable for a protracted legislative process following the ECJ’s ruling in the Ole Andersen case (C-499/08), which concluded that the Salaried Employees Act was not compliant with Directive 2000/78/EC concerning equal treatment in employment and occupation (prohibition of discrimination on grounds of age).


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

ECJ 10 March 2022, case C-247/20 (Commissioners for Her Majesty's Revenue and Customs (Assurance maladie complète)), Social Insurance

VI – 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.

Rulings

ECJ 8 March 2022, case C-205/20 (Bezirkshauptmannschaft Hartberg-Fürstenfeld), Posting of Workers and Expatriates

NE – v – Bezirkshauptmannschaft Hartberg-Fürstenfeld, Austrian case

Journal European Employment Law Cases, Issue 1 2022
Keywords Posting of Workers and Expatriates
Abstract

    National courts must ensure that penalties for non-compliance with administrative obligations are proportionate

    The Iaşi Court of Appeal in Romania has upheld a decision issued by the Vaslui Tribunal which found that an employee cannot be the subject of disciplinary action for the refusal to perform work during their weekly rest notwithstanding that a working time schedule imposed by the employer was based on the applicability of an internal company policy.


Andreea Suciu
Andreea is Managing Partner of Suciu | The Employment Law Firm

Andreea Oprea
Andreea is an attorney-at-law at Suciu | The Employment Law Firm.

    Working as a rider for the Deliveroo platform is a professional activity that can be performed as a self-employed worker, the Labour Tribunal of Brussels has decided, which also ruled out the possibility of Deliveroo riders enjoying the fiscally beneficial status available for workers active on electronic platforms of the collaborative economy (or ‘sharing economy’).


Gautier Busschaert
Gautier Busschaert is an attorney-at-law at Van Olmen & Wynant, Brussels.
Article

Restorative justice training for judges and public prosecutors in the European Union: what is on offer and where are the gaps?

Journal The International Journal of Restorative Justice, Issue Online First 2022
Keywords restorative justice, judicial training, judges, public prosecutors
Authors Ana Catarina Pereira, Britt De Craen and Ivo Aertsen
AbstractAuthor's information

    Judges and public prosecutors across Europe continue to be the main source of referral of cases to restorative justice programmes organised in the context of the criminal justice system. As a result, the training of these two groups of legal professionals regarding what restorative justice is and what it can offer to victims, offenders and the community has for many years been identified as a priority for the development of restorative justice in the European Union (EU). However, little information is available about what actually exists in terms of judicial training on restorative justice within the national judicial training institutions responsible for the initial and/or continuous training of judges and/or public prosecutors. Therefore, we developed an online survey on judicial training on restorative justice and invited 38 judicial training institutions operating in the (then) 28 EU Member States to participate in our study. We were able to make relevant observations regarding the reasons for the non-existence of restorative justice training in most of the judicial training institutions studied and identify important elements of the architecture of the restorative justice training offered by the judicial training institution of Czech Republic.


Ana Catarina Pereira
Ana Pereira is a PhD researcher in Criminology at the Leuven Institute of Criminology at KU Leuven, Belgium. She received a PhD grant from the Portuguese Foundation for Science and Technology (Fundação para a Ciência e a Tecnologia, FCT).

Britt De Craen
Britt De Craen is a master’s student in Criminology at the Leuven Institute of Criminology at KU Leuven, Belgium.

Ivo Aertsen
Ivo Aertsen is Professor Emeritus of the Leuven Institute of Criminology at KU Leuven, Belgium. Corresponding author: Ana Pereira, anacatarina.alvespereira@kuleuven.be.
Article

Access_open Retribution, restoration and the public dimension of serious wrongs

Journal The International Journal of Restorative Justice, Issue 1 2022
Keywords public wrongs, R.A. Duff, agent-relative values, criminalisation, punishment
Authors Theo van Willigenburg
AbstractAuthor's information

    Restorative justice has been criticised for not adequately giving serious consideration to the ‘public’ character of crimes. By bringing the ownership of the conflict involved in crime back to the victim and thus ‘privatising’ the conflict, restorative justice would overlook the need for crimes to be treated as public matters that concern all citizens, because crimes violate public values, i.e., values that are the foundation of a political community. Against this I argue that serious wrongs, like murder or rape, are violations of agent-neutral values that are fundamental to our humanity. By criminalising such serious wrongs we show that we take such violations seriously and that we stand in solidarity with victims, not in their capacity as compatriots but as fellow human beings. Such solidarity is better expressed by organising restorative procedures that serve the victim’s interest than by insisting on the kind of public condemnation and penal hardship that retributivists deem necessary ‘because the public has been wronged’. The public nature of crimes depends not on the alleged public character of the violated values but on the fact that crimes are serious wrongs that provoke a (necessarily reticent) response from government officials such as police, judges and official mediators.


Theo van Willigenburg
Theo van Willigenburg is Research Fellow at the Vrije Universiteit Amsterdam Faculteit Religie en Theologie, Amsterdam, the Netherlands. Corresponding author: Theo van Willigenburg at t.van.willigenburg@vu.nl.

    Evaluations of restorative justice frequently report that only a minority of schools succeed in adopting a whole-school approach. More common are a consortium of practices necessitating the evaluation of schools not implementing the whole-school model but still achieving positive results. Previous research established that unconventional models have successful outcomes, yet little is known about the contextual factors and the causal mechanisms of different practices. This study finds that models of restorative justice facilitating student voice and consequently procedural justice have promising outcomes. Importantly, alternative models may be less resource-intensive, making them more feasible to fully implement.


Heather Norris
Heather Norris is a Lecturer in the Department of Psychology at Aberystwyth University, Wales, UK. Corresponding author: Heather Norris at hnn1@aber.ac.uk.

Stephan Parmentier
Stephan Parmentier is a Professor of Criminology and Human Rights at the Faculty of Law and Criminology of KU Leuven, Belgium and a Research Fellow at the University of the Free State, Bloemfontein, South Africa.

Mina Rauschenbach
Mina Rauschenbach is a Research Associate at the Leuven Institute of Criminology. Both are General Editors for the Intersentia Series on Transitional Justice (https://intersentia.be/nl/product/series/show/id/9174). Corresponding author: Stephan Parmentier at stephan.parmentier@kuleuven.be. Acknowledgements: The authors would like to express their sincere gratitude to the editors of this journal for the invitation to publish this ‘In Memoriam’, and to Hans-Juergen Kerner (University of Tuebingen) for his very useful comments and strong support.
Showing 1 - 20 of 1448 results
« 1 3 4 5 6 7 8 9 49 50
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.