Search result: 8 articles

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Year 2010 x
Article

Space Procurement: A European Toolbox

Recent Developments in Space Law

Journal International Institute of Space Law, Issue 5 2010
Authors S. Hobe, M. Hofmannova and J. Wouters

S. Hobe

M. Hofmannova

J. Wouters

C.Q. Christol
Article

Women Can and Should Have It Both Ways

Finding 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

    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.


Amy Lai
Amy Lai is a student at Boston College Law School and holds a Ph.D. from Cambridge. The author would like to express her gratitude to Professor Sophie Robin-Olivier for her comments on the draft.
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.


Dr. Rilka Dragneva
Rilka Dragneva is a Senior Lecturer in Law at the School of Law of University of Manchester, United Kingdom.

Dr. Antoaneta Dimitrova
Antoaneta Dimitrova is a Senior Lecturer at Institute for Public Administration at Leiden University, The Netherlands.
Practice

When the Package Holiday is Not Realized

A 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.


Dr. Josep M. Bech Serrat
Dr. Josep M. Bech Serrat is Lecturer in Civil Law at Tourism School, University of Girona.
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.


Prof. dr.sc. Siniša Petrović
Prof. dr. sc. Siniša Petrović is a full professor at the Faculty of Law of the University of Zagreb.

Tomislav Jakšić
Tomislav Jakšić is a Junior Researcher at the Faculty of Law of the University of Zagreb.
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.


Avril Anande Trotman-Joseph
Avril Anande Trotman-Joseph is presently a law partner with the firm of Joseph & Joseph in Saint George’s, Grenada. She is an OAS and UNIFEM Consultant in the Caribbean; she serves on the Board of the Caribbean Institute of Leadership and as Deputy Chairperson of Grenada’s Integrity and Anti Corruption Commission.
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