This article tackles the particular issue of split-ticket voting, which has been largely overlooked in Belgian election studies thus far. We contribute to the literature by answering two particular research questions: (1) to what extent and (2) why do voters cast a different vote in the elections for the provincial council as compared to their vote in the elections for the municipal council? |
Search result: 1330 articles
Article |
Split-Ticket Voting in BelgiumAn Analysis of the Presence and Determinants of Differentiated Voting in the Municipal and Provincial Elections of 2018 |
Journal | Politics of the Low Countries, Issue 3 2019 |
Keywords | split-ticket voting, local elections, voting motives, Belgium, PR-system |
Authors | Tony Valcke and Tom Verhelst |
AbstractAuthor's information |
Human Rights Literature Reviews |
Hungary |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Authors | Alexandra Sipos PhD |
Author's information |
Article |
The Smuggling of Migrants across the Mediterranean SeaA Human Rights Perspective |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Keywords | smuggling, refugees, migration, readmission, interceptions |
Authors | J. Shadi Elserafy LL.M., |
AbstractAuthor's information |
Irregular migration by sea is one of the most apparent contemporary political issues, and one that entails many legal challenges. Human smuggling by sea is only one aspect of irregular migration that represents a particular challenge for States, as sovereignty and security interests clash with the principles and obligations of human rights and refugee law. In dealing with the problem of migrant smuggling by sea, States have conflicting roles, including the protection of national borders, suppressing the smuggling of migrants, rescuing migrants and guarding human rights. |
Human Rights Practice Reviews |
Ukraine |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Authors | Dr. Tetyana Antsupova |
Author's information |
Human Rights Practice Reviews |
The Russian Federation |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Authors | Igor Bartsits, Oleg Zaytsev and Kira Sazonova PhD |
Author's information |
Article |
On Lessons Learned and Yet to Be LearnedReflections on the Lithuanian Cases in the Strasbourg Court’s Grand Chamber |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Keywords | human rights, European Convention on Human Rights, European Court of Human Rights, Lithuania |
Authors | Egidijus Kūris |
Abstract |
During the two-and-a-half decades while Lithuania has been a party to the European Convention on Human Rights, the Grand Chamber of the European Court of Human Rights has decided five Lithuanian cases. They all (perhaps but one) raised controversial issues not only of law but also of those pertaining to matters non-legal: psychology, politics, history and so on. There had been follow-ups to most of them, allowing for consideration as to the merits and disadvantages of the respective judgments. These cases are narrated on in their wider-than-legal context and reflected upon from the perspective of their bearing on these issues and of the lessons they taught both to Lithuania, as a respondent State, and to the Court itself. |
Article |
Primus Inter Pares? In Search of ‘Fundamental’ Human Rights |
Journal | East European Yearbook on Human Rights, Issue 1 2019 |
Keywords | hierarchy, jus cogens, International Court of Justice, European Court of Human Rights, Inter-American Court of Human Rights |
Authors | Julia Kapelańska-Pręgowska |
AbstractAuthor's information |
International human rights law is one of the most developed and codified regimes (branches) of public international law. Since 1948 and the adoption of the Universal Declaration of Human Rights, the number and scope of human rights standards evolved considerably. Prima facie this tendency reflects a generally positive phenomenon and is driven by the human rights approach in international law, but at the same time it may raise questions of the system’s efficiency, internal coherence, hierarchy of rights and mechanisms of protection and monitoring. Against the richness of human rights standards, designations such as ‘fundamental’, ‘essential’, ‘basic’, ‘crucial’ or ‘core’ are being used and ascribed to diverse concepts (inter alia, customary international human rights, erga omnes obligations, non-derogable rights, jus cogens or absolute rights). The article explores the provisions of general human rights instruments – the UDHR, the two Covenants and regional treaties, as well as relevant case-law of the ICJ, ECtHR and IACtHR in search of a definition and catalogue of fundamental human rights. |
Case Reports |
2019/26 List of discrimination criteria (PL) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Age discrimination |
Authors | Marcin Wujczyk |
AbstractAuthor's information |
The Polish Supreme Court has held that a criterion of discrimination may also be a relationship of a social or familial nature that exists in the workplace and whose existence or absence on the part of the employee results in different treatment by the employer. |
Case Reports |
2019/30 The religious ethos and differences of treatment in employment on grounds of belief (EU) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Religious discrimination |
Authors | Andrzej Marian Świątkowski |
AbstractAuthor's information |
The author discusses the recent ECJ judgments in the cases Egenberger and IR on religious discrimination. |
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. |
Case Reports |
2019/32 Belgian jurisdiction and labour law apply despite contractual choice for Irish law and jurisdiction |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Private International Law |
Authors | Gautier Busschaert |
AbstractAuthor's information |
The Latvian Supreme Court recently used the ECJ Max Planck and Kreuziger judgments to explain how an employer can escape its obligation to compensate an employee for unused leave at the end of the employment relationship. The employer must prove that (a) it was possible for the employee to use the leave, and (b) the employer has in good time informed the employee that leave, if not used, might be lost and will not be compensated. |
Pending Cases |
Case C-344/19, Working timeDJ – v – Radiotelevizija Slovenija, reference lodged by the Vrhovno sodišče Republike Slovenije (Slovenia) on 2 May 2019 |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Working time |
Abstract |
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Case Reports |
2019/36 Are professional foster parents excluded from the right to request payment in lieu of untaken annual leave? (RO) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Paid Leave |
Authors | Andreea Suciu and Gabriela Ion |
AbstractAuthor's information |
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. |
Case Reports |
2019/37 The non-competition duties of a dismissed employee exempted from work during the notice period (LU) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Miscellaneous |
Authors | Michel Molitor and Régis Muller |
AbstractAuthor's information |
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. |
Case Reports |
2019/27 No additional public holiday pay for working on Good Friday – Discrimination based on religion? (AT) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Religious discrimination |
Authors | Dr. Jana Eichmeyer LL.M and Dr. Karolin Andréewitch |
AbstractAuthor's information |
Under a former Austrian law effective until February 2019, Good Friday was a public holiday only for a minority belonging to certain Christian Evangelical churches. In the case at hand, Austrian courts had to assess if this regulation and its legal consequences were valid under European Union law, or if they constituted discrimination. |
Case Reports |
2019/28 An employer may impose a ban on the wearing of any visible sign of political, philosophical or religious beliefs on employees in contact with customers (FR) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Religious discrimination |
Authors | Claire Toumieux and Thomas Robert |
AbstractAuthor's information |
Both the French Supreme Court and the Versailles Court of Appeal held that an employer, who must ensure that liberties and fundamental rights of each employee are respected in the working community, may lawfully prohibit the wearing of any visible sign of political, philosophical or religious beliefs in the workplace, provided that the rule contained in the company rules and regulations applies without distinction to employees in direct contact with the customers of the company only. But in the absence of such rules, sanctioning an employee who refuses to remove her Islamic veil based on the wish of a customer, which does not qualify as a genuine and determining occupational requirement, amounts to an unlawful direct discrimination and should consequently be held null and void. |
Case Reports |
2019/25 Dismissal of an employee with a reduced-hours job who reached the statutory retirement age did not constitute unlawful discrimination (DK) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Age discrimination |
Authors | Christian K. Clasen |
AbstractAuthor's information |
In a recent judgment, the Danish Supreme Court has established that it does not constitute unlawful discrimination under the Anti-Discrimination Act when a disabled employee is dismissed. The employee had a publicly funded reduced-hours job, but reached the statutory retirement age for which reason the public funding lapsed, and that was the reason for the dismissal. |
Case Reports |
2019/29 Eweida versus Achbita: a storm in a teacup? (EU) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Religious discrimination |
Authors | Morwarid Hashemi LLM |
AbstractAuthor's information |
Most scholars have argued that the Achbita judgment is not in line with the jurisprudence of the ECtHR, in particular with the Eweida judgment, and gives less protection to the employee than granted by the ECtHR. In this article, I provide a different perspective on the relation between both judgments and nuance the criticisms that followed the Achbita judgment. |
Article |
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Journal | Erasmus Law Review, Issue 1 2019 |
Keywords | international business courts, Netherlands Commercial Court, choice of court, recognition and enforcements of judgements |
Authors | Eddy Bauw |
AbstractAuthor's information |
The judicial landscape in Europe for commercial litigation is changing rapidly. Many EU countries are establishing international business courts or have done so recently. Unmistakably, the approaching Brexit has had an effect on this development. In the last decades England and Wales – more precise, the Commercial Court in London - has built up a leading position as the most popular jurisdiction for resolving commercial disputes. The central question for the coming years will be what effect the new commercial courts in practice will have on the current dominance of English law and the leading position of the London court. In this article I address this question by focusing on the development of a new commercial court in the Netherlands: the Netherlands Commercial Court (NCC). |
Article |
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Journal | Erasmus Law Review, Issue 1 2019 |
Keywords | international jurisdiction, English, court language, Belgium, business court |
Authors | Erik Peetermans and Philippe Lambrecht |
AbstractAuthor's information |
In establishing the Brussels International Business Court (BIBC), Belgium is following an international trend to attract international business disputes to English-speaking state courts. The BIBC will be an autonomous business court with the competence to settle, in English, disputes between companies throughout Belgium. This article focuses on the BIBC’s constitutionality, composition, competence, proceedings and funding, providing a brief analysis and critical assessment of each of these points. At the time of writing, the Belgian Federal Parliament has not yet definitively passed the Bill establishing the BIBC, meaning that amendments are still possible. |