Various of our academic board analysed employment law cases from last year. |
Search result: 14 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 |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Social solidarity, COVID-19, Religious freedom, Cultural defence, Ultra-Orthodox sects in Israel |
Authors | Miriam Gur-Arye and Sharon Shakargy |
AbstractAuthor's information |
The article discusses the tension between social solidarity and religious freedom as demonstrated by the refusal of the ultra-Orthodox sects in Israel to comply with COVID-19 regulations. The article provides a detailed description of the refusal to comply with the regulations restricting mass prayer services in synagogues and studying Torah in the yeshivas, thus interfering with the ultra-Orthodox religious life. The article suggests possible explanations for that refusal, based on either religious beliefs or a socio-political claim to autonomy, and discusses whether the polity should be willing to tolerate such a refusal on the basis of the cultural defence. The article concludes that despite the drastic restrictions on religious life caused by the social distancing regulations, and the special importance of freedom of religion, reducing the pandemic’s spread called for awarding priority to solidarity over religious freedom, and the enforcement of social solidarity legal duties – the social distancing regulations – on all. |
Article |
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Journal | Netherlands Journal of Legal Philosophy, Issue 2 2021 |
Keywords | Mechanical solidarity, Organic solidarity, Contract, Good faith, Punishment |
Authors | Candida Leone |
AbstractAuthor's information |
The article uses three prominent examples from the Dutch context to problematize the relationship between contractual and social solidarity during the coronavirus crisis. The social science ideal types of ‘mechanical’ and ‘organic’ solidarity, and their typified correspondence with legal modes of punishment and compensation, are used to illuminate the way in which solidarity language in private relationships can convey and normalize assumptions about the public interest and economic order. |
Article |
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Journal | European Journal of Law Reform, Issue 4 2020 |
Keywords | coronavirus, emergency law, emergency powers, autocratization, democratic deconsolidation, state of emergency, rule of law, transparency, accountability, legislative scrutiny |
Authors | Joelle Grogan |
AbstractAuthor's information |
The measures taken in response to the coronavirus pandemic have been among the most restrictive in contemporary history, and have raised concerns from the perspective of democracy, human rights, and the rule of law. Building on a study of the legal measures taken in response to pandemic in 74 countries, this article considers the central question of the use of power during an emergency: is it better or worse for democracy and the rule of law to declare an emergency or, instead, to rely on ordinary powers and legislative frameworks? The article then considers whether the use of powers (ordinary or emergency) in response to the pandemic emergency has ultimately been a cause, or catalyst of, further democratic deconsolidation. It concludes on a note of optimism: an emerging best practice of governmental response reliant on public trust bolstered by rationalized and transparent decision-making and the capacity to adapt, change and reform measures and policies. |
Case Reports |
2019/35 Repairing past mistakes in holiday pay: two cases, two different outcomes (NL) |
Journal | European Employment Law Cases, Issue 3 2019 |
Keywords | Paid Leave |
Authors | Jan-Pieter Vos |
AbstractAuthor's information |
A number of collective labour agreements unjustifiably have excluded allowances from holiday pay. Recently, social partners have had difficulties in repairing these flaws. Two recent cases demonstrate this, both similar claims but with different outcomes. This leaves social partners with the problem of how to proceed. |
Law Review |
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Journal | European Employment Law Cases, Issue 1 2018 |
Authors | Ruben Houweling, Catherine Barnard, Zef Even e.a. |
Abstract |
This is the first time we have produced a review of employment law cases from the previous year, based on analysis by various of our academic board members. But before looking at their findings, we would first like to make some general remarks. |
Case Reports |
2017/9 The influence of the threat of terrorism on the right to strike (NL) |
Journal | European Employment Law Cases, Issue 1 2017 |
Keywords | Industrial action, Strike |
Authors | Ruben Houweling and Amber Zwanenburg |
AbstractAuthor's information |
The Dutch Cantonal judge prohibited a strike because the safety of passengers could not be guaranteed. At the hearing, which took place a few days after the Berlin Christmas market attacks, weight was given to the threat of terrorism. Nor is this the first time the threat of terrorism has been explicitly referred to by a Dutch court in a case concerning the right to strike. |
Case Reports |
2016/55 New Supreme Court decision on the distinction between independent contractors and employees (NO) |
Journal | European Employment Law Cases, Issue 4 2016 |
Keywords | Independent contractors, Employees |
Authors | Marianne Jenum Hotvedt and Anne-Beth Engan |
AbstractAuthor's information |
EU employment protection is usually limited to “employees”, meaning that independent contractors are not covered. However, EU law often leaves it to Member States to determine the meaning of employee. The directives regulating transfers of undertakings, collective redundancies, written working conditions, information and consultation, part-time work, temporary agency workers etc. are all examples of protection covering only ‘employees’ as defined by each Member State. |
Practice |
When the Package Holiday is Not RealizedA Piece of EU Consumer Law under Review |
Journal | European Journal of Law Reform, Issue 3-4 2010 |
Keywords | package holiday, consumer law, contract law |
Authors | Dr. Josep M. Bech Serrat |
AbstractAuthor's information |
When a package travel contract is not realized, the organizer assumes the obligation to inform the consumer, to provide a refund and to provide alternative services. All these measures form part of the core of the EU’s legislative acquis and are mainly governed by Directive 90/314/EEC of 13 June 1990 on package travel, package holidays and package tours. The Directive employs a fragmented approach and is currently under review. This area also remains outside the new comprehensive approach introduced by the Proposal for a Directive of the European Parliament and the Council of 8 October 2008 on consumer rights, and it would appear that this harmonization ‘deficit’ will be covered by means of ‘vertical action’. The aims of this paper are to contrast the existing regulations in this field with the general rules of consumer contract law, to identify the inconsistencies involved and to present some proposals regarding performance rules. |
Article |
Forum-Selection Clauses in Suborbital Space Tourism Contracts and EU LawNandasiri Jasentuliyana Keynote Lecture on Space Law & 2nd Young Scholars Session |
Journal | International Institute of Space Law, Issue 1 2010 |
Authors | M. Chatzipanagiotis |
Article |
Duties and Liabilities of Space Tourist OperatorsLegal Issues of Private Spaceflight and Space Tourism |
Journal | International Institute of Space Law, Issue 2 2007 |
Authors | Z.N. O'Brien |
Article |
Report of the 50th Colloquium on the Law of Outer Space in Hyderabad, India, September 2007Session Reports |
Journal | International Institute of Space Law, Issue 6 2007 |
Authors | V. Gopala Krishnan, M. Mejia-Kaiser, R. Kaul e.a. |
Article |
Consumer Protection and the Limitation of Liability in the National Regulation of the Space IndustryOther Legal Matters I, Including Legal Aspects of Sub-Orbital Flights |
Journal | International Institute of Space Law, Issue 3 2005 |
Authors | Z.N. O'Brien |