Effect of European fundamental (social) rights on the national legal order. A simple roadmap

Hervorming Sociale Regelgevin

Open Methods of Coördination. An analysis of its meaning for the development of a social Europe

Since the Lisbon Strategy in 2000 introduced the Open Method of Coordination (OMC) as a general EU integration instrument, it became an important instrument in the field of social policy. Being labelled as soft law, this development raises questions about its meaning for the development of a social Europe. Questions that are addressed in this thesis include: What is its position in the legal order of EU integration instruments? What does it mean that the OMC is soft law? Which legal integration dynamics are involved with the OMC? How does the OMC interact with the other integration instruments involved with EU social policy? By the use of several analytical frameworks, the introduction of a new coding method and an analysis based on the theory of hybrid structures, these questions have been examined in this thesis. The overall conclusion is that based on a legal perspective, the OMC has the potential to make a mea ningful contribution to the further development of a social Europe.LEI Universiteit LeidenInstituut GAKHervorming Sociale Regelgevin

Corporate social responsibility in times of the COVID-19 pandemic

The COVID-19 pandemic has caused various disruptions in the production chains of Multinational Enterprises (MNEs). Among other disruptions there is a drop of product sales, often due to lock-down measures, which resulted in last-minute order cancellations , non-payment of the already purchased resources and already made products, and hence terminations of employment contracts. International organisations and non-governmental organisations have called upon MNEs to take their corporate social responsibility (CSR) and honour the contracts. The aim of this article is to analyse to what extend this moral appeal is also a (quasi-)legal appeal following from international norms on CSR. After an assessment of the main labour law problems caused by the COVID-19 pandemic, an analysis follows on each of the identified problems. The conclusion of the analysis is that MNEs indeed are not only morally obliged to take their responsibility, but also based on the (quasi-)legal international CSR norms. Hervorming Sociale Regelgevin

EU Age Discrimination Law: a Curse or a Blessing for EU Youth Policy?

Over the course of fifteen years, the Court of Justice of the European Union (CJEU) has developed a considerable body of jurisprudence on age discrimination. Approximately thirty cases is indeed notable, especially when compared with other discrimination grounds enlisted in Article 1 FED. The vast majority of these cases deal with measures affecting older workers, particularly regarding the retirement age or pension schemes. A significantly smaller number of cases – only five – concern measures affecting younger workers. Research analysing these cases indicate that the CJEU has been rather lenient in accepting measures regarding older workers and more strict in accepting measures targeting younger workers. However, this approach potentially puts EU Youth Policy under pressure. Moreover, it raises the question of whether the Framework Equality Directive is not in fact hampering measures to improve the situation of young people. In other words, it should be determined whether the FED is a curse or a blessing for EU Youth Policy.Hervorming Sociale Regelgevin

COVID-19 and labour law: the Netherlands

Hervorming Sociale Regelgevin

EHRC 2018/3 Noot bij Barbulescu tegen Roemenië II - recht op privacy

Europees Hof voor de Rechten van de MensEHRC 2018/3Hervorming Sociale Regelgevin

One step forward or more window-dressing? A legal analysis of recent CSR Initiatives in the Garment Industry in Bangladesh

The Bangladesh ready-made garment industry has recently been affected by a number of terrible accidents, with the collapse of the Rana Plaza on 24 April 2013 as the deadliest garment-factory accident ever known. Under the pressure of renewed attention to the role and responsibilities of multinational corporations (MNCs) take responsibility for what happens in those factories, two initiatives have been adopted. These initiatives involve leading brands of European origin and North-American origin. With these initiatives the MNCs claim tostrengthen their corporate social responsibility (CSR) regarding those factories. From a regulatory perspective, they represent cases of transnational private regulation (TPR). Although CSR and TPR have become increasingly popular, these initiatives have been perceived with mixed enthusiasm, since they are adopted in a legal vacuum. Consequently, they raise questions about their legal status, their legitimacy and their implementation and compliance mechanisms. These same questions will be discussed in this article concerning the Bangladesh initiatives, in order to discern if they have the potential to contribute to improvingsafety and working conditions in the Bangladeshi garment industry, or if they are rather forms of window dressing.FdR – Publicaties zonder aanstelling Universiteit Leide

Employee-like worker: Competitive entrepreneur or submissive employee? Reflections on CJEU, C-413/13, FNV Kunsten Informatie

It seems that the time of the employment contract as the standard legal device of employment is over and that a variety of employment relationships have emerged. Many forms raise questions and uncertainties about social protection. One of these forms are false or quasi self-employed workers. In the case of FNV KIEM the European Court of Justice (ECJ) ruled on this. In this contribution we assess to what extent the ruling of the ECJ has contributed to clarifying some of the qualification issues involved with these type of workers. Thereto, we describe how the case was raised in the Netherlands; we elaborate on the arguments raised in the subsequent national court decisions and the ECJ; we reflect on the notion of (false) self-employed from the perspective of the notion of undertaking/entrepreneur and that of employee in order to determine what the ECJ considers to be decisive requirements for each category; and we reflect on the meaning of the ruling of the ECJ in the FNV KIEM case for the Netherlands.Hervorming Sociale Regelgevin

Criteria voor goed rechtswetenschappelijk onderzoek: de omgekeerde route

Wetensch. publicatieFaculteit der Rechtsgeleerdhei

Criteria voor goed rechtswetenschappelijk onderzoek. De omgekeerde route

FdR – Publicaties niet-programma gebonde