Various of our academic board analysed employment law cases from last year. |
Search result: 895 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 |
Case Reports |
2022/3 Liability for late implementation of EU law following ruling from the ECJ (DK) |
Journal | European Employment Law Cases, Issue 1 2022 |
Keywords | Age Discrimination, Miscellaneous |
Authors | Christian K. Clasen |
AbstractAuthor's information |
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). |
Article |
Fit for Office? The Perception of Female and Male Politicians by Dutch Voters |
Journal | Politics of the Low Countries, Issue 1 2022 |
Keywords | political underrepresentation, gender stereotypes, role incongruity, candidate evaluation, experimental vignette study |
Authors | Rozemarijn E. van Dijk and Joop van Holsteyn |
AbstractAuthor's information |
The underrepresentation of women in politics is a worldwide phenomenon and the Netherlands fit the pattern: about 39% of the Dutch MPs are female. Based on social role incongruity theory, it is expected that female politicians are evaluated more negatively than male politicians since women do not fit the dominant male politician role. However, most research is conducted in the United States, that is, a candidate-centred system where individual characteristics play an important role. This article focuses on the party-centred parliamentary context in which we examine (1) whether gender stereotypes are present among citizens and (2) to what extent these stereotypes influence the evaluation of politicians. We do this by conducting an experimental vignette survey design. We find that at the mass level there is no difference between the evaluation of male and female politicians, although gender stereotypes are present. |
Article |
Opening an Absolute Majority A Typology of Motivations for Opening and Selecting Coalition Partners |
Journal | Politics of the Low Countries, Issue 1 2022 |
Keywords | negotiation, absolute majority, oversized coalition, motivations, local election |
Authors | Geoffrey Grandjean and Valentine Meens |
AbstractAuthor's information |
Following the municipal elections in the Walloon Region (Belgium) on 14 October 2018, 189 political groups won an absolute majority. Twenty-two of these decided not to exercise power alone, but favoured the formation of an oversized coalition by integrating a minority partner. The aim of this article is to identify the motivations behind the formation of a local coalition when one of the partners has an absolute majority. Semi-structured interviews with mayors and leaders of political groups in these municipalities make it possible to identify the motivations for, first, the choice to open and, second, the choice of a minority partner. By distinguishing between necessary and supporting motivations, this article shows that the search for greater representation is a necessary motivation for the choice to open, whereas personal affinities and memories of the past are necessary motivations for choosing minority partners. By prioritising motivations, this article shows that. |
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. |
Article |
Diversion and restorative justice in the context of juvenile justice reforms in Indonesia, Thailand, the Philippines and Vietnam |
Journal | The International Journal of Restorative Justice, Issue Online First 2022 |
Keywords | children’s rights, juvenile justice, restorative justice, diversion, implementation challenges, Thailand, Vietnam, Indonesia, the Philippines |
Authors | Le Thu Dao, Le Huynh Tan Duy, Ukrit Sornprohm e.a. |
AbstractAuthor's information |
Diversion is an important vehicle for delivering an alternative model of youth justice, one that is, hopefully, grounded in principles of children’s rights and restorative justice. Several Asia-Pacific countries, often with international assistance, have sought to develop alternative processes and programmes to which children in conflict with the law can be diverted to. In some instances, these have included restorative justice programmes. This article provides an overview of the implementation of a restorative justice approach, as a youth justice diversion measure, in four South-East Asian countries: Indonesia, Thailand, the Philippines and Vietnam. It describes juvenile justice reforms in these countries, particularly as they relate to the implementation of diversion and restorative justice and reflects on the factors that may have affected the success of these reforms. Every one of these countries has achieved a measure of success in implementing diversion and restorative justice, although restorative justice has occupied a different place in these reforms. The article offers a general overview of key challenges and notable successes encountered during that process, as well as an opportunity to consider the role of tradition, culture and public expectations in the implementation of restorative justice principles in the context of juvenile justice. |
Article |
Mediation in Greece: The ‘Formal’ and Various ‘Informal’ Types, Off- and OnlineThe Architecture of Mediation in Greece – Shifting towards a Culture That Values Consensus-Building |
Journal | Corporate Mediation Journal, Issue 2 2021 |
Keywords | mediation, Greece, special forms, mandatory, online, informal types |
Authors | Dimitris Emvalomenos |
Author's information |
Article |
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Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | online dispute resolution (ODR), e-commerce, international dispute resolution, international law, United States, China, European Union, Australia, alternative dispute resolution (ADR), online platforms |
Authors | Teresa Ballesteros |
AbstractAuthor's information |
This article will examine Online Dispute Resolution (ODR) from several perspectives to provide a comprehensive understanding of the global efforts to incorporate ODR in the e-commerce scope. Upon examining the nature and growth of both e-commercial activities and ODR, there will be an analysis from an international standpoint, where the article will discuss the relevant bodies and the progression of uniform standards in this regard. This is followed by an analysis of several jurisdictions, namely the United States, China, European Union and Australia. Finally, the essay will provide suggestions andrecommendations for the implementation of ODR. |
Article |
Online Mediation and e-commerce (B2B and B2C) Disputes |
Journal | International Journal of Online Dispute Resolution, Issue 2 2021 |
Keywords | ODR, online Mediation, e-commerce, business-to business (B2B), business-to consumer (B2C) |
Authors | Mariam Skhulukhia |
AbstractAuthor's information |
Nowadays, electronic commerce plays a significant role in our society as internet transactions continue to grow in the business industry. Electronic commerce mainly refers to commercial transactions, such as business-to-business and business-to-consumer. Disputes are inevitable, part of our lives. Simultaneously by developing technology the need for an effective dispute resolution was obvious. Information communication technology and alternative dispute resolution together created online dispute resolution. Businesses and consumers are actively engaged in online dispute resolution. Therefore, the use of the internet makes business or consumer transactions easier. The online environment is much flexible when it comes to electronic commerce. This article focuses on online mediation, one of the most popular forms of online dispute resolution. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Matthias C. Kettemann and Martin Fertmann |
AbstractAuthor's information |
This study explores the spread of disinformation relating to the Covid-19 pandemic on the internet, dubbed by some as the pandemic’s accompanying “infodemic”, and the societal reactions to this development across different countries and platforms. The study’s focus is on the role of states and platforms in combatting online disinformation. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Authors | Martin Fertmann and Matthias C. Kettemann |
AbstractAuthor's information |
Terms-of-service based actions against political and state actors as both key subjects and objects of political opinion formation have become a focal point of the ongoing debates over who should set and enforce the rules for speech on online platforms. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Keywords | artificial intelligence, chatbots, CRM, data protection, privacy |
Authors | Konstantinos Kouroupis, Dimitrios Vagianos and Aikaterini Totka |
AbstractAuthor's information |
In the new digital era as it is formed by the European digital strategy, the explosion of e-commerce and related technologies has led to the formation of tremendous volumes of customer data that could be exploited in a variety of ways. Customer relationship management (CRM) systems can now exploit these data sets to map consumers’ behaviour more effectively. As social media and artificial intelligence widened their penetration, firms’ interest shifted to chatbots in order to serve their customers’ needs. Nowadays, CRM and bots are developed in a parallel way. With the help of these virtual personal assistants, CRM establishes a virtual relationship with consumers. However, the extended collection and use of personal data under this scope may give rise to ethical and legal issues. In this article, the term CRM is defined, followed by an analysis of the way chatbots support CRM systems. In the second part, the legal context of chatbot use will be highlighted in an attempt to investigate whether there are personal data protection issues and whether certain rights or ethical rules are somehow violated. The draft AI Regulation, in combination with the provisions of GDPR and e-Privacy Directive, offers a significant background for our study. The article concludes by demonstrating the use of chatbots as an inherent part of the new digital era and lays special emphasis on the term ‘transparency’, which seems to penetrate the lawfulness of their use and guarantee our privacy. |
Article |
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Journal | East European Yearbook on Human Rights, Issue 1 2021 |
Keywords | judicial independence, selection of judges, appointment of judges, rule of law, mutual trust |
Authors | Vygantė Milašiūtė and Skirgailė Žalimienė |
AbstractAuthor's information |
The article examines the procedure for selection and appointment of judges in Lithuania in the light of the European standards of judicial independence. Both the Council of Europe and the European Union (EU) legal materials are relied on. The procedural role of different actors, the criteria for assessment of candidates, the question of judicial review of selection and appointment decisions as well as the problem of delays of judicial appointments are also examined. Even though the Lithuanian system for the selection and appointment of judges has been assessed favourably by European institutions, certain elements of the system are questionable. However, as long as these deficiencies are not systemic and do not raise issues of the rule of law in the sense of EU law, they would not negatively affect the operation of the EU law-based mutual trust instruments with respect to Lithuania. A suggestion is made that paying more attention to non-systemic deficiencies of judicial independence and the rule of law in EU member states could be beneficial for improving the protection of individual rights. |
Case Reports |
2021/37 Employer loses discrimination claim after trying to reduce gender pay gap (UK) |
Journal | European Employment Law Cases, Issue 4 2021 |
Keywords | Gender Discrimination, Discrimination General |
Authors | Colin Leckey |
AbstractAuthor's information |
An Employment Tribunal (ET) decision involving an advertising agency has highlighted the dangers for employers of taking an overly aggressive approach to reducing gender pay gaps. It also provides a reminder that all discrimination is unlawful, even where the victims are from a historically privileged group. |
Article |
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Journal | Erasmus Law Review, Issue 3 2021 |
Keywords | needs for safety, victim impact statements, legislation, Empirical Legal Studies, privacy protection |
Authors | Marijke Malsch |
AbstractAuthor's information |
Various laws, guidelines and other types of regulation have been created that introduced new rights worldwide for victims of crime. Many of these rights focus on active victims who wish to step into the open and to orally express their views and experiences in court. Rights and wishes to remain in the background and to preserve one’s privacy received less attention. This article focuses primarily on the wishes of victims that reveal their intention to not play an active role in the criminal process, and on victims who fear an invasion of their safety and privacy. According to the literature, such wishes and needs can be considered to be fundamental. The article questions the empirical basis for the present victim legislation: are the new laws that have been created over the decades founded on empirically established victim needs, or on presumed victim needs? The article concludes with a plea for a more extensive use of empirical findings that shed light on victim wishes in the legislation and the criminal process. |
Article |
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Journal | Erasmus Law Review, Issue 3 2021 |
Keywords | enforcement practice, victim safety, street level bureaucracy, criminal justice chain, penal protection orders |
Authors | Tamar Fischer and Sanne Struijk |
AbstractAuthor's information |
Penal protection orders (PPOs) aim to protect initial victims from repeat victimisation and in a broader sense from any danger for his or her dignity or psychological and sexual integrity and may therefore be important instruments for victim safety. However, knowledge on the actual practice of the PPOs and the successes, dilemmas and challenges involved is scarce. In this article, we describe the legal framework and actual enforcement practice of Dutch PPOs. The theoretical framework leading our explorative analyses regards Lipsky’s notion of ‘street-level bureaucracy’ and the succeeding work of Maynard & Musheno and Tummers on coping strategies and agency narratives of frontline workers. Using interview data from criminal justice professionals, victims and offenders, we describe the conditions of the enforcement practice and answer the question which coping mechanisms and types of agencies the professionals tend to apply in order to meet the legislative aims and to protect victims as effectively as possible. Results show that the five conditions described by Lipsky are clearly present. So far, in almost all situations the process of monitoring violations is reactive and because knowledge on risk indicators for violent escalation is still limited, it is difficult for frontline workers to decide how many and what type of resources should be invested in which cases. This results in a ‘moving away from clients’ strategy. However, within this context in which reactive enforcement is the default, we also found several examples of coping that represent ‘moving towards clients’ strategies. |
Editorial |
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Journal | Erasmus Law Review, Issue 3 2021 |
Authors | Sanne Struijk |
Author's information |
Article |
Legislative Effectiveness From a Legislative Drafter’s PerspectiveAnalysing the Transgender Persons (Protection of Rights) Act, 2019 |
Journal | European Journal of Law Reform, Issue 3 2021 |
Keywords | Effectiveness Test, legislative quality, drafting process, Transgender persons (Protection of Rights) Act, 2019 |
Authors | Devika Gulati |
AbstractAuthor's information |
This article discusses the effectiveness of Transgender persons (Protection of Rights) Act, 2019 and tests the legislation against Dr. Maria Mousmouti’s Effectiveness Test. The author first attempts to trace the real purpose of the Act in terms of specific and broad purposes, and the micro, meso and macro goals. Secondly, the author examines the content of the Act in terms of the legislative techniques used, compliance and enforcement mechanism, and legislative communication. Thirdly, the author studies the context of the Act in terms of its coherence, accessibility and the choice of superstructure. |
Developments in European Law |
The PSPP Judgment of the German Federal Constitutional CourtThe Judge’s Theatre According to Karlsruhe |
Journal | Hungarian Yearbook of International Law and European Law, Issue 1 2021 |
Keywords | German Constitutional Court, basic law, ultra vires, European Central Bank, primacy of Union law |
Authors | Maria Kordeva |
AbstractAuthor's information |
The PSPP decision of 5 May 2020 rendered by the German Federal Constitutional Court (FCC) does not constitute a break with the earlier jurisprudence of the FCC elaborated since the Lisbon Treaty judgment of 30 June 2009. Even though qualifying the acts of the Union as ultra vires has been likened to a warlike act, one should beware of hasty conclusions and look closely at the analysis of the Second Senate to form a moderate opinion of this decision decried by European and national commentators. Should the PSPP judgment of the Federal Constitutional Court be classified as “much ado about nothing”, despite the procedure started by the European Commission, or, on the contrary, will the CJEU in the next months, sanction Germany for its obvious affront to and breach of the principle of the primacy of Union law? The (final?) power grab between the European and national courts remains to be seen. We can criticize the German FCC that it put the fundamental principles of the Union in danger. Yet, it is worth reflecting on the possible encroachment of competences by European institutions, because, in this case, the red line between monetary policy and economic policy is more than thin. |