This paper critiques the EU’s new la won maternity leave by contextualizing it in the historical development of EU law as well as in feminist criticism. It arguaes in favour of generous paid maternity leave provisions based on economic and psychological arguments. It then examines the likely impact of an extension of maternity leave a the EU level on member states. Finally, it studies the Family and Medical Leave Act of the United States to reveal the insufficiencyof its maternity leave provisions, especially when compared to the generous provisions in current EU law. This paper arrives at the conclusion that new mothers, be they Europeans or Americans, can and should be able to reconcile their wort and family obligations. |
Article |
Women Can and Should Have It Both WaysFinding a Balance Between the EU’s New Law on Maternity Leave and American Maternity Provisions |
Journal | European Journal of Law Reform, Issue 3-4 2010 |
Keywords | European Union, maternity leave, family, work |
Authors | Amy Lai |
AbstractAuthor's information |
Article |
The Politics of Demand for Law: The Case of Ukraine’s Company Law Reform |
Journal | European Journal of Law Reform, Issue 3-4 2010 |
Keywords | company law, Ukraine, legislative process, veto players, external pressures |
Authors | Dr. Rilka Dragneva and Dr. Antoaneta Dimitrova |
AbstractAuthor's information |
This article explores the dynamics between external and domestic factors in legal reform in transition countries as demonstrated by the case of Ukrainian company law reform. Contrary to theoretical explanations pointing to the primacy of external supply and incentives, we locate the determinants of legal change firmly in the domestic arena. We conceptualise domestic factors using a political science framework regarding the role of veto players parliamentary factions and related informal business actors. The analysis supports the critical law and development literature in underlying the importance of the demand for law by such players. This demand, however, affects not just the implementation process but is critically expressed in the strategic use of formal legislative reform. |
Article |
The ECJ Ruling in Cartesio and Its Consequences on the Right of Establishment and Corporate Mobility in the European Union |
Journal | European Journal of Law Reform, Issue 3-4 2010 |
Keywords | Cartesio, right of establishment, Corporate mobility |
Authors | Prof. dr.sc. Siniša Petrović and Tomislav Jakšić |
AbstractAuthor's information |
Before Cartesio, the case law of the European Court of Justice on freedom of establishment mainly considered company immigration situations, i.e. legal entities moving into another Member State. Cartesio is the first major ruling on company emigration since the 1988 decision in Daily Mail. Consequently, much was expected from Cartesio, notably that it would confirm a company’s right to directly invoke its freedom of establishment in emigration scenarios. However, this was not the case. Although Cartesio introduced some new concepts into the freedom of establishment case law like the concept of company conversion, the freedom of establishment actually took a step backward. This effectively resulted in almost complete disregard of the freedom of establishment in emigration situations - unlike in immigration situations. This partial denial of freedom of establishment, one of the fundamental freedoms of Community law, would seem urge the continuation of work on the new 14th Company Law Directive. In light of the current ECJ case law, only a legislative approach would seem suitable to guarantee non-discrimination in the ongoing regulatory competition between Member States which apply the registered seat theory and those which apply the administrative (real) seat theory. |
Article |
Constitutional Review in the Caribbean |
Journal | European Journal of Law Reform, Issue 1-2 2010 |
Keywords | Guyana, electoral reform, constitutional reform, international human rights law, Caribbean |
Authors | Avril Anande Trotman-Joseph |
AbstractAuthor's information |
Guyana, South America, is a former colony of Britain and the only English-speaking country in South America, but has more in common with its English-speaking Caribbean neighbours. Constitutional reform and resulting constitutional amendments were precipitated in 1999-2000 by civil unrest following national elections and dissatisfaction by the major opposition with the outcome of an election characterized by ethnic differences between respective supporters of parties backed by followers of traditionally Indian, African and Amerindian origin. This process was a brokered effort to ameliorate the national dissatisfaction and an opportunity for civil society representatives and political representatives of the unicameral House of Parliament to work together in recommending electoral and constitutional reform. The outcome was the radical reform and modernization of the constitutional entrenchment of the modern concepts of international human rights law. In this regard Guyana is ahead of the other sister nations of the Caribbean, CARICOM grouping in terms of constitutional advancements. However, the political will to realize far-reaching electoral and governance reforms, as well as the effective implementation of the entrenched human rights reforms, still lags behind, despite the amendment of the constitution, the appointment of several commissions and the establishment of a parliamentary oversight committee tasked with continuous constitution review. |