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Journal articles on the topic 'Labor laws and legislation – European Union countries'
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1
Makhamataminovich, Makhamatov Mahmud. "FEATURES OF THE LABOR LAW OF THE EUROPEAN UNION." American Journal of Political Science Law and Criminology 03, no. 01 (January 1, 2022): 80–85. http://dx.doi.org/10.37547/tajpslc/volume04issue01-13.
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The article examines the interaction of the national labor legislation of the member states of the European Union with European labor law, the influence of the Labor law of the European Union on the national legislation of the member states, the features of the labor legislation of the European Union, which differ from the legislation of other countries, a comparative analysis of the labor legislation of the Republic of Uzbekistan.
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Mosakova, E. A., and K. Kizilova. "Labor market in the UK in digital era: The gender dimension." RUDN Journal of Sociology 21, no. 3 (September 17, 2021): 512–19. http://dx.doi.org/10.22363/2313-2272-2021-21-3-512-519.
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The article considers gender discrimination in the field of labor relations in the United Kingdom (UK) in the pre-covid period. In the past decades, the Western European countries have made the most significant progress in achieving gender equality in various fields, including labor relations, and became the world leader in this area. However, despite all the efforts of the international community, no country has achieved a full gender equality, and Great Britain is no exception. The authors argue that the British anti-discrimination legislation (before leaving the European Union) was based on international acts and conventions. For a long time, there were acts and laws prohibiting discrimination in the labor market, which seriously hindered the implementation of an effective anti-discrimination policy in the sphere of labor relations. It was not until 2010 that the law on equality was passed to replace all previous laws and regulations and to provide an exhaustive list of criteria for prohibiting discrimination. As a result, Great Britain began to develop a rather strict national anti-discrimination legislation in the field of labor relations. Thus, in the past decades, the UK has been achieving gender equality in the economic sphere at a faster pace than the average European Union country. The study shows a steady decline in the gender wage gap in the UK over the past two decades, which may be considered one of the countrys most significant achievements in fighting gender discrimination in the labor market. However, there is still a number of serious challenges: a relatively low female labor force participation and employment rate, a gender wage gap and income gap, horizontal and vertical segregation, a gender gap in postgraduate education, and a significant gender gap in time spent on family responsibilities. Age discrimination presents a special problem in the sphere of labor relations in Great Britain. In the European Union, the first laws prohibiting age discrimination were adopted only in the 2000s, and in the UK - in 2006. This problem still remains extremely acute for the labor market, since age discrimination in the UK ranks third among the most common grounds for discrimination - after gender and disability.
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Yaroshenko, Oleg, Nataliia Melnychuk, Sergiy Moroz, Olena Havrylova, and Yelyzaveta Yaryhina. "Features of Remote Work in Ukraine and the European Union: Comparative Legal Aspect." Hasanuddin Law Review 7, no. 3 (December 1, 2021): 136. http://dx.doi.org/10.20956/halrev.v7i3.3218.
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The relevance of the study is based on the development of scientific and technological progress and the expansion of the labor market, including in the framework of international cooperation. Moreover, the introduction of quarantine due to the spread of Covid-19 has led to increased attention to remote work. The aim of the study is to analyze the legal aspects of remote work in accordance with the labor legislation of Ukraine and the European Union, focusing on the concept of remote work, the rights and obligations of remote workers. In our study, we determined that in the European Union, the key points in relation to the rights granted to teleworkers, which the countries parties to the agreement have undertaken to incorporate into their national legislation and collective agreements, are data protection; the voluntary nature of telecommuting; equipment; organization of working time; privacy. The originality of the study is based on more effective ways to improve labor productivity in Ukraine, labor discipline, compliance with labor guarantees for remote work. It is necessary to revise and legislatively regulate the key principles of compliance by employees with labor discipline, providing the employee with proper working conditions, supporting the employer in search of new opportunities to provide employees with work, improving the technical aspects of ensuring the relationship between business and government, responsibility for results and the labor process.
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Boltanova, E. S., and M. P. Imekova. "Russian Legislation Development Prospects in the Field of Protection of Citizens’ Rights in Processing of Genetic Information (Private Law Outlook)." Lex Russica, no. 2 (February 28, 2022): 90–100. http://dx.doi.org/10.17803/1729-5920.2022.183.2.090-100.
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The European Union countries tend to ensure the protection of citizens’ rights when processing genetic information in such areas as healthcare, science, labor and insurance. In Russia, such protection of citizens’ rights is provided exclusively for the prevention, disclosure and investigation of crimes.The results of the study show that genetic information is an element of objects of various constitutional human and civil rights (for example, the right to health, the right to privacy, personal dignity, etc.). Consequently, it can be the object of a complex of legal relations of various areas of law: constitutional, civil, labor, etc. In this regard, it is concluded that the protection of the rights of citizens in Russia in processing of genetic information in such areas as healthcare, science, labor and insurance should have a complex (intersectoral) character. At the same time, there is no need to adopt a general law that would ensure the appropriate protection of citizens’ rights in all these spheres of society. It is enough to make point changes to the laws regulating public relations on processing of genetic information within a particular sphere. The Federal Law «On Personal Data» should definitely take a central place among such laws. Its norms are of «cross-cutting» character and are subject to application to all public relations, one way or another related to the processing of genetic information.In addition, there is a sphere of social life in Russia that is directly related to the processing of genetic information, but is not subject to legislative regulation. This is scientific research that uses biological samples of human origin. The authors of the paper, by analogy with the legislation of the European Union, propose to adopt a new Federal Law «On research of biological samples of human origin».
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Давлетгильдеев, Рустам, Rustam Davletgildeev, Ольга Сычева, and Olga Sycheva. "International and Legal Cooperation Development on Labour Migration Issues: from EurAsEC to Eurasian Economic Union." Journal of Russian Law 3, no. 6 (June 5, 2015): 0. http://dx.doi.org/10.12737/11444.
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This article is devoted to the analysis of international and legal cooperation in the area of labor migration in the Eurasian Economic Community and the Eurasian Economic Union. The authors study background for the creation and history of the Common Economic Space and the Customs Union, one of the main purposes of which is the creation and operation of a common labour market. The authors perform the analysis taking into account similarities and differences of legal regulation of the issue under consideration in the European Union, and make comparison. The authors point out to the continuity problems of labour migration legal regulation within the framework of the Eurasian Economic Union, including harmonization of legislation on labour migration of the Union’s member countries. The authors study the institutional system of the Eurasian Economic Community (Eurasian Economic Union) and powers of institutions in the field of labour migration, indicate the presence of special migration authorities in the EurAsEC and in the Eurasian Economic Union. Provisions of the Treaty on the Eurasian Economic Union devoted to labour migration are analyzed. The authors note the probability that the law harmonization function will be implemented in the Eurasian Economic Union not through model laws but through international treaties and decisions of the Union’s institutions. The authors assume that the Eurasian Economic Union will work out the desired integration model, based not only on political and economic interests, but which will take into account civilizational peculiarities of the Eurasian region.
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Vapnyarchuk, N. "To the issue of discrimination in the field of labor relations in today's conditions." Uzhhorod National University Herald. Series: Law 1, no. 73 (December 9, 2022): 151–56. http://dx.doi.org/10.24144/2307-3322.2022.73.25.
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The article is devoted to the study of the problems of discrimination, its manifestations in the field of labor relations in today's conditions. Because at the current stage of development and formation of Ukraine, the problems of discrimination are gaining great importance and require additional research. Today, the main problem of discrimination in Ukraine is its widespread form of manifestation, which consists in gender inequality in the field of employment and job search. Domestic legislation, international documents, as well as the views of scientists who were engaged in the study of this problem were analyzed. It is noted that discrimination in the field of labor is unequal opportunities for employees endowed with equal productivity, or unequal treatment of them by employers, society and the state; this is a deliberate restriction of the rights of the subjects of social and labor relations, which blocks their access to equal opportunities in the labor market. It was concluded that the adoption of legislative acts aimed at preventing discrimination in the field of employment (Laws of Ukraine "On Amendments to Certain Legislative Acts of Ukraine Regarding Strengthening the Protection of Workers' Rights" dated 05.12.2022 No. 2253-IX, "On Amendments to Certain Legislative Acts of Ukraine on the optimization of labor relations" dated 01.07.2022 No. 2352-IX) will contribute to bringing domestic legislation into line with the legislation of the European Union, the practice of the International Labor Organization and will have a positive impact on the market environment. Since, as the experience of developed countries shows, non-discrimination contributes not only to the establishment of democratic principles and respect for human rights, but also has a positive impact on social and economic relations in society, allows more efficient use of human resources, and ensures stability. Especially today, when Ukrainian society has faced new challenges. In such an extremely difficult time, the field of labor legislation more than ever needs adaptation, and therefore, the introduction of appropriate changes.
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Chudinovskikh, M. "Regulation of Telework in BRICS: Lessons from the Pandemic." BRICS Law Journal 9, no. 2 (July 14, 2022): 72–93. http://dx.doi.org/10.21684/2412-2343-2022-9-2-72-93.
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The COVID-19 outbreak forced many employers worldwide to organize remote workplaces and introduce new technologies of labor organization in order to protect employees from the threat of disease. After the pandemic is over, it is reasonable to anticipate an increase in telework. The legal framework of telework continues to evolve unevenly in different countries around the world. The BRICS countries lag behind the United States and the European Union in terms of the legal regulation of telework, and they lack the necessary statistical data collection. The integration of the BRICS countries calls for the development of unified approaches to the legal status of teleworkers. The creation of new jobs in the conditions of the pandemic requires the development of the regulatory framework, analysis of innovative experience and assessment of law enforcement. This article systematizes the approaches of Russian and world scientists to the major issues of telework regulation, including: the conceptual apparatus, the advantages and disadvantages of remote employment, the analysis of legislative initiatives of the BRICS countries in the context of a pandemic and the allocation of best practices, the features of concluding, changing and terminating an employment contract, determining the rights and obligations of teleworkers, the implementation of the right to social partnership, and ensuring labor protection, safety and well-being. The findings of the analysis lead to the conclusion that in order to achieve decent work in digital economy, the BRICS countries need to design a general approach to the regulation of telework for similar to the approach taken by the European Union, and to upgrade existing legislation.
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Гречан, Алла, and Артем Коба. "ОСОБЛИВОСТІ ФОРМУВАННЯ МЕХАНІЗМУ ПІДВИЩЕННЯ МОТИВАЦІЇ ОПЛАТИ ПРАЦІ ПРАЦІВНИКІВ ПІДПРИЄМСТВ." Automobile Roads and Road Construction, no. 112 (November 30, 2022): 309–15. http://dx.doi.org/10.33744/0365-8171-2022-112-309-315.
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The article analyzes the peculiarities of remuneration of employed persons in the business sector. Compliance of "pay indicators" with the legislative basis of Ukraine - in particular, the Code of Labor Laws of Ukraine No. 322-08 dated 07.23.1996 (ed. dated 08.19.2022) and the Law of Ukraine "On Remuneration" No. 108/95 was determined - VR from 03/24/1995 (edited from 08/19/2022). The social, humanitarian, political and legal orientations of "labor remuneration" in the domestic doctrine of labor are outlined. The genesis of the right to work in Ukraine is analyzed in accordance with the provisions of Art. 43 of the Basic Law of the Constitution of Ukraine. The philosophical and terminological context of the "employer-employee" relationship is considered. The positive and negative aspects of the payment of an employment contract (TD) and a civil law agreement (CPU) are determined in accordance with the labor legislation of Ukraine and the provisions of the Civil Code of Ukraine No. 435-IV dated 16.01.2003 (edited from 01.08.2022). An analysis of the mechanisms for increasing the wages of workers in the developed countries of the world – the EU, the USA, Great Britain, etc. – was carried out. In particular, the precedents of the formation of "salary policy" by the ETUC (European Trade Union Confederation) among the 27 EU member states, the mechanisms for increasing wages and establishing the minimum (marginal) permissible limits of labor remuneration in accordance with the policy of the US Department of Labor (U.S. Department) are outlined. of Labor), features of the formation of the wage and salary policy of Great Britain, which is directed and coordinated by the National Economic Council (National Economic Council). Features of employee stimulation by increasing wages are described. The phenomenon of "work-life balance" (the balance of work and personal life) and the payment policy of enterprises as the root cause of its generation have been studied. The mechanisms of trade union protection of an employed person against systematic violations of labor legislation are outlined –– in Ukraine, the EU, the USA and Great Britain, respectively. The relationship between remuneration and the level of personal motivation of the employee has been proven. The definition of the "job satisfaction scale" (job satisfaction scale) as a psychological constant characteristic of the research-management doctrine of the USA is singled out.
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Solovei, A. "Features of the legal regulation of the adoption of children by foreigners according to the family legislation of foreign countries." Uzhhorod National University Herald. Series: Law 1, no. 72 (November 16, 2022): 161–65. http://dx.doi.org/10.24144/2307-3322.2022.72.27.
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In the scientific article, the author conducted a scientific study of the foreign experience of legal regulation of the adoption of children by foreigners, primarily according to the legislation of the European Union states and states adjacent to Ukraine. Based on the conducted research, the author came to the conclusion that in the practice of states adjacent to Ukraine and states members of the European Union, there are three approaches to determining the procedure for adopting children by foreign citizens: through the definition of a national regime for foreigners, similar to that which exists for citizens of the relevant state (Latvia); through the determination of conflicts of laws with respect to the law applicable to adoption, which are defined in civil codes (Germany, France, Czech Republic) or separate laws on international private law (Spain, Switzerland); due to the establishment of a separate procedure for adoption (Bulgaria, Belarus, Moldova, Ireland) or an exceptional case of adoption of a child by foreigners using the same procedure for adoption, as with national adoption (Poland, Hungary). In the latter case, the possibility of international adoption is provided, if the child, after being transferred to a foster family, was not adopted in the state of his/her citizenship, because the measures taken to adopt the child were not successful, moreover, in Poland, exceptions to this rule are provided when there is a kinship relationship between the adopter and the adopted child or if the adopter has already adopted a brother or sister of the child being adopted. In the Republic of Bulgaria, foreigners wishing to adopt a child must obtain a permit for international adoption from the Minister of Justice, in the Republic of Belarus - in addition to the written permission for adoption from the Minister of Education, it is also necessary to obtain the child's consent for adoption, the child's stay in the relevant register for a year and the absence of an initiative by citizens of Belarus to adopt a child. In the case of international adoption of citizens of the Republic of Moldova, the ethnic origin of the child, his/her belonging to a certain culture, religion, language and other features that deserve attention must be taken into account; persons wishing to adopt a child must submit a special application - for international adoption, to the Ministry of Health, of Labor and Social Protection of the Republic of Moldova and the Department of Social Security and Protection of Family Rights as territorial guardianship bodies carry out preliminary and final selection of foreigners who wish to adopt a child who is a citizen of the Republic of Moldova.
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Boiko, Nataliia. "UNITED KINGDOM MIGRATION POLICY AND MIGRATION FROM UKRAINE (1990–2020)." Naukovì zapiski Nacìonalʹnogo unìversitetu "Ostrozʹka akademìâ". Serìâ Ìstoričnì nauki 1 (December 17, 2020): 41–49. http://dx.doi.org/10.25264/2409-6806-2020-31-41-49.
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The article is devoted to the formation and evolution of migration policy of British governments at the present stage. It is noted that migration processes are one of the main features of globalization. It is also claimed that the UK has always attracted migrants from different parts of the world, especially from the post-colonial countries and Eastern Europe. As a migration project, it has always been characterized by a high standard of living and a high level of wages in the European Union. However, as a member of the European Community until 2019, Britain has always differed from its European partners in its autonomy and separateness, particularly in the field of immigration policy. The author analyzes the current migration laws passed by the British governments from 1990 to 2020. The active development of migration legislation began during the premiership of the conservative John Major (1990–1997). Therefore, the Conservative government has taken steps only in the direction of quota migration flows. It was determined that the basic purpose of the migration legislation of the United Kingdom was the governments’ ability to comprehensively address the migration problem as a threat to national security. It was officially recognized during the reign of Gordon Brown (2007–2010). It has been proven that the priorities in the UK’s migration policy have been the issues of restraining and controlling the flow of immigrants, in particular their consequences for immigrants from Ukraine. Special attention is paid to the migration component of the Labor government of Tony Blair (1997–2007) and the Conservative government of Theresa May (2016–2019) as the most loyal and hostile cabinet ministers on immigration. The competition between the party principles of controlled (Labor) and rigid (Conservative) migration under their rule has led to the adoption of new laws. In essence and content, they were designed to cope with the growing migration crisis in the country. The importance of the media and information propaganda in the reflection of immigration as a trend of British domestic policy and a key cause of Brexit (2016–2019) is emphasized.
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Hryshko, Olena. "INFORMATION SUPPORT OF THE LABOR MARKET OF UKRAINE AND EASTERN EUROPE: INNOVATION ASPECTS." Baltic Journal of Economic Studies 7, no. 3 (June 25, 2021): 65–72. http://dx.doi.org/10.30525/2256-0742/2021-7-3-65-72.
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Introduction. The processes of informatization of society, reform of state institutions and transformation of the economic system of Ukraine identify new problems and set new challenges for regulating the labor market and employment on the basis of public-private partnership, including by bringing to all labor market actors relevant information from verified sources. Given the signing of the Association Agreement with the European Union, Ukraine should take into account the experience of Eastern European countries that have been in similar transition conditions and have shown significant progress, in particular in overcoming the problems and threats in the labor markets that they have encountered in the process of European integration. Purpose and objectives. There is a necessity to justify the expediency of integration of information of subjects in the labor market of Ukraine for the purpose of formation of uniform information support of the labor market that will promote legal productive employment of citizens. Methodology. The article is based on international legal acts, laws and bylaws of Ukraine in the field of employment and regulation of labor market processes in the context of the functioning of a single information environment, formed on the basis of public-private partnership. Both general and special methods were used for the research: methods of analysis and synthesis, descriptive method, methods of induction and deduction. Results. The article analyzes the regulation of the European labor market by integrating the capabilities of national public employment services, the implementation of equal opportunities in free labor mobility for European workers. The data and experience of the countries of Eastern Europe are given. The institutional and legislative aspects of the functioning of private mediation in the domestic labor market are considered and it is proved that in Ukraine there is currently no regulatory influence of the state on the activities of private mediation in this market, and regulatory support in this area is imperfect. It is studied that information flows of private intermediaries, including job search and recruiting websites, operate independently of state intermediaries, and the public does not fully have up-to-date information on the state and needs of the domestic labor market. The article highlights the role of the government and the State Employment Service in the formation of information support of the labor market, compares the published data, provides relevant recommendations of the International Labor Organization and foreign experience. Conclusions. The information published in Ukraine by private labor market intermediaries needs full attention, as its connection with informal employment is not excluded. Given the impact of globalization challenges on the functioning and development of the domestic labor market, it is proposed to standardize the activities of private labor market intermediaries, including job search and recruiting websites, by including their data on labor supply and demand in the domestic labor market. For Ukraine, the experience of the European countries in cooperation between public and private intermediaries in the labor market, based on the creation of single information support of the labor market, including through joining the EURES system, is relevant.
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Myasoedov, V. V., and L. М. Derecha. "GUARANTEES OF LEGAL AND SOCIAL PROTECTION OF FORENSIC EXPERTS." Theory and Practice of Forensic Science and Criminalistics 17 (November 29, 2017): 184–91. http://dx.doi.org/10.32353/khrife.2017.23.
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The paper considers the issues of legal and social protection of forensic experts of the state specialized institutions and forensic experts not working in these institutions, the need for compulsory insurance of their life and health. In terms ofpolitical and economic instability of the society the activities of expert institutions faces some difficulties caused by changes in the political and economic standards of life which is a negative and destabilizing factor. So, in our view, insufficient attention is paid to the social protection of both forensic experts of state forensic institutions and forensic experts who are not employees of these institutions. Social protection of forensic expert is regulated by article 18 of the law of Ukraine “On the forensic expertise" which specifies that issues ofpaymentfor labour and conditions of social protection offorensic experts are defined by the Code of Labour laws of Ukraine and other legislative acts of Ukraine. However, in this Law there is not specified the necessity of obligatory state insurance of forensic experts as it’s provided in the laws of other states including the countries of the European Union. Thus, we consider to be necessary to improve the legislation in force, in particular, to amend the Law of Ukraine on 3/7/1996 No. 85/96-ВР «On insurance» and to work out «The regulation on obligatory state insurance of life and health of forensic experts in Ukraine». The analysis of the listed problems evidences on the crying need in the further profound comprehension of the ways of their resolving, working out of the strategy of reforming and development offorensic expertise in Ukraine, updating of the legislation on legal and social protection both forensic experts of the state specialized institutions and the forensic experts who are not working in these institutions at the maximal approaching to the international standards.
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Gasche, Malte, and Martin Holler. "Selective Memories: Finnish State Policy toward Roma in the 1930s and 1940s in Its European Context and Post-War Perception." Journal of Finnish Studies 24, no. 1-2 (July 1, 2021): 94–111. http://dx.doi.org/10.5406/28315081.24.1.2.06.
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Abstract In this article, we argue that the discriminatory acts and laws that the Finnish government issued in the 1930s and 1940s to regulate vagrancy and impose labor obligations on the population were intended first and foremost to put pressure on the Finnish Roma, an ethnic minority consisting of an estimated number of 4,000 persons at that time. Although the irtolaislaki (Finnish Act on the Regulation of Vagrancy) of 1936 did not mention the Roma explicitly, its content and intention is comparable to a series of similar acts directed against them in Europe before and after World War II. These similarities show that Finland's vagrancy legislation cannot be fully understood without a European perspective because Roma policies tend to have a supranational character. Up to now, the historiography on Finland's Roma policies has rarely gone beyond its Finnish and Scandinavian interpretive scope (Gasche 2016, 17–19). Yet, even during WWII, the development in Finland was comparable to some other countries allied with Nazi Germany, as we will show. At the same time, however, the postwar development in Finland seems to be unique in international comparison. Unlike the Finnish Roma, the Roma in Germany and other (West) European countries began a Roma rights movement and started to demand protection within the majority society along with political equality. This activism was primarily based on a consciousness of the centuries-old discrimination against “Gypsies” practiced by the majority, which culminated in the Nazi genocide of Europe's Roma (Matras 1998; Rose 1987; Wippermann 2015, 138–50). The Finnish Roma, however, identified themselves with a positive narrative about Roma soldiers fighting in the Finnish Army for their home country (Ruohotie 2007, 12). This strategy was successful, we argue, since it perfectly fits into the official Finnish narrative about a brave and fair “war of continuation” that Finland fought against the Soviet Union independently and separately from Nazi Germany—a point of view questioned in recent years in light of the information on Finnish Waffen-SS and Wehrmacht volunteers involved in Nazi atrocities against Soviet civilians, including the Roma.
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Derkach, Е. М. "LEGAL ISSUES OF IMPLEMENTING THE INSTITUTE OF AUTHORIZED ECONOMIC OPERATOR." Economics and Law, no. 4 (December 6, 2021): 39–45. http://dx.doi.org/10.15407/econlaw.2021.04.039.
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The article covers current legal issues on implementing the institution of an authorized economic operator (AEO). The directions for developing the domestic economic and transport legislation are outlined. According to the International Monetary Fund data, supply chain disruptions have become a major challenge for the global economy since the start of the pandemic caused by COVID–19. Shutdowns of factories in China in early 2020, lockdowns in several countries across the world, labour shortages, as well as demand for tradable goods, disruptions to logistics networks have resulted in big increases in freight costs and delivery times. It is noted that the ongoing problems in the supply chain have caused some changes in the development of trade relations of Ukraine with other countries due to its transit state status. The institute of authorized economic operator was established in Ukraine according to the Law of Ukraine «On the amendments to the Customs Code of Ukraine on certain issues of functioning of authorized economic operators» adopted in October 2, 2019. It is emphasized that implementing the institution of the authorized economic operator corresponds to Ukraine’s obligations under the Association Agreement between the European Union and its Member States, of the one part, and Ukraine, of the other part. It is noted that more than 80 % of all customs clearance in the EU is carried out by companies with AEO authorization. A resident business entity as a participant of the international supply chain (including manufacturer, exporter, importer, customs representative, carrier, freight forwarder, warehouse keeper) may be authorized economic operators due to multi-stage conformity assessment system. In addition, the current legislation should be updated, in particular relevant provisions of the Economic Code of Ukraine, transport codes and laws in order to provide legal basis for authorized economic operators’ activities as the participants of freight transportation, as well as unifying the legal requirements for the AEO and carriers, freight forwarders, etc.
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Novradova-Vasiliadi, S. M. "Experience in Improving Legislation on Working Hours in the European Union and Selected Countries." Actual Problems of Russian Law, no. 7 (July 1, 2018): 153–60. http://dx.doi.org/10.17803/1994-1471.2018.92.7.153-160.
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The article examines the legislation on working hours in the European Union. The author analyzes the fundamental acts regulating working hours within the European Union. Particular attention is given to the analysis of norms directly related to the working time regime enshrined in the European Social Charter, the Charter of the European Union and the Directive of the European Parliament and Council. The article carries out a comparative legal analysis, considers provisions for the regulation of the institution of working hours common for all Member States, which represent the minimum level of guarantees of workers' rights that each EU country must respect. The problems of regulation of labor legislation on working hours in the EU countries (cases of Germany and Greece) are studied. In addition to the standard working hours, the author identifies non-standard working time regimes in the labor legislation of the countries of the European Union. After studying the legislation on working hours of the EU countries, the author makes final conclusions.
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Monedero, Pablo José Abascal. "Family Laws in the European Union." Socialinė teorija, empirija, politika ir praktika 19 (September 16, 2019): 87–94. http://dx.doi.org/10.15388/stepp.2019.13.
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EU social policies should be complemented by contributing to a harmonious development of society, by reducing structural and regional imbalances, developing a balance between the a localized community and the national society, and improving the living standards of citizens and families of member states (Garrido 2002). Such important social policy principles as freedom and justice are addressed and represented in family laws in the EU regulations introduced during the period of 2000–2016. In this article, we studied the EU’s legal solutions in reference to national (Spain) laws on these matters: children and parental responsibility (adoption, child abduction, family benefits) and couples (matrimonial, regimes, prenuptial agreements, provisional measures). This legislation is necessary in the face of the proliferation of families whose members have different nationalities, and even in the mobilization of residences. Cooperation has intensified between national judicial authorities to ensure that legal decisions taken in one EU country are recognized and implemented in any other. This is highly important in civil cases, such as divorce, child custody, maintenance claims, or even bankruptcy and unpaid bills, when the individuals involved live in different countries. The development of family laws is one of the most important factors of family welfare in European countries.
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ALIMKHANOVA, Samal K. "Legal Aspects of Harmonization of Labor Legislation of Kazakhstan and the Eurasian Economic Union Countries (EAEU)." Journal of Advanced Research in Law and Economics 11, no. 4 (June 15, 2020): 1080. http://dx.doi.org/10.14505//jarle.v11.4(50).01.
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The issues of legal aspects of harmonization of labor legislation of Kazakhstan and the countries of the Eurasian Economic Union (EAEU) are investigated. The urgency of the issue under consideration is determined by the further necessity to bring into a harmonious combination the legal aspects of the legislation of Kazakhstan and the states that are members of the EAEU. Harmonization in the legal field involves the development of a unification of the laws of the above states in the field of labor relations. To maintain a coherent policy in the field of social and labor relations in Kazakhstan and the countries included in the EAEU, the foundations of labor legislations have been developed. But, at the moment, they are advisory in nature, while the harmonization of labor legislations in the legal field requires the approval of the adopted legislative acts of these states in this area. In this regard, a search is being made for recommendations on the harmonization of the legal aspects of the issue under study regarding Kazakhstan and the countries of the Eurasian Economic Union (EAEU). The leading approach to the study of this issue is to evaluate the current legal standards of these countries in the field of labor law and identify ways for their further integration in this direction. The prospects for research in this direction are determined by the possibility of assessing the realism of harmonizing the labor legislations of Kazakhstan and the countries, members (EAEU), which will favorably affect the further integration of Kazakhstan into the legal framework of the Eurasian Economic Union. The applied value of this study is to identify the prospects for the development of labor laws of Kazakhstan and the countries that are members of the Eurasian Economic Union (EAEU) in order to determine specific measures for the integration of labor legislation of Kazakhstan in the legal field of the EAEU in the future.
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Petrova, Valeriia. "Legal regulation of certain types of social leave in Ukraine and the EU." Law Review of Kyiv University of Law, no. 1 (April 15, 2020): 430–33. http://dx.doi.org/10.36695/2219-5521.1.2020.86.
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Legal regulation of certain types of social leave in Ukraine and the EU:this article highlights the basic standards followed and fully supported by the European Union and Ukraine as regards the provision of both maternity and paternity leave, as well as parental leave as a whole notion with its particularities. Moreover, it discloses and explains the important difference between these two notions and provides appropriate European and Ukrainian rules of law. It also contains comparison of the effective laws in labor sphere in Ukraine and existing draft legislation which is currently under consideration in this field by the authorized representatives. The article also considers the most prioritized areas for further amending Ukrainian labor laws and rules to be approved for the support and implementation of these specific laws in this field related to these issues. On a separate note, it gives the bright examples of the relevant experience lived through the European Union member states regarding the term of such leave and ensuring the father’s right to take parental leave alongside the one existing and exercising by mothers. It proves that nowadays the European Union elaborates approaches to work on ensuring a proper balance between responsibilities of people as family members and their career. Based on this, it provides for a gender equality and an equal enjoyment of both mother’s and father’s rights. From what we can currently see in Ukraine, unfortunately, our country nowadays is far from practical implementation of these ideas. However, it should be emphasized that after all our legislation has already stipulated some provisions allowing the fathers to take parental leave (so called paternity leave, as already mentioned). The article also has some considerations concerning other labor guarantees for pregnant women. The presented study allows us to identify areas for improving and facilitating the Ukrainian labor legislation in the nearest future and highlights the best European practices which are definitely useful and helpful in the elaborating and developing a new draft Ukrainian Law "On Labor" to be shortly considered by the parliament.
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Jessurun d’Oliveira, Hans Ulrich. "Iberian Nationality Legislation and Sephardic Jews." European Constitutional Law Review 11, no. 01 (May 2015): 13–29. http://dx.doi.org/10.1017/s1574019615000036.
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Proposal to grant Spanish nationality to Sephardic Jews – History of Sephardic Jews in Iberia – Sephardim and the Portuguese nationality code – The EU and the nationality laws of the member states – Impact of Union law on the acquisition of Iberian nationalities by Sephardic Jews – European Convention on Nationality – Sephardim from third countries –Micheletti – Nottebohm
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Anderson, Leah Seppanen. "European Union Gender Regulations in the East: The Czech and Polish Accession Process." East European Politics and Societies: and Cultures 20, no. 1 (February 2006): 101–25. http://dx.doi.org/10.1177/0888325405284314.
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This article explains, first, why there was a uniform emergence of equal opportunities legislation across East Central European states in the late 1990s and early 2000s and, second, why the speed of adoption varied across countries. The author deviates from a traditional comparative focus on domestic factors and instead treats her two case studies—Poland and the Czech Republic—as part of an international system in which external actors can exert a simultaneous but differential effect on domestic policies. The author argues that the European Union (EU) accession process prompted equal opportunities legislation in both countries but domestic actors mediated this influence in different ways. In Poland, legislation was delayed due to an organized opposition to EU gender equity laws and its close ties to parties of the Right in government, two factors absent from the Czech case where laws passed earlier. The author also suggests that the EU's financial and political resources may enable it to reshape these domestic actors in the future.
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Melnyk, K. Yu. "Problems of improving the national legislation on labor protection." Law and Safety 85, no. 2 (June 30, 2022): 158–68. http://dx.doi.org/10.32631/pb.2022.2.15.
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The article examines the norms of the current and future national legislation in the field of labor protection and the norms of the legislation of the European Union regarding the safety and health of workers at work. It is noted that the national legislation in the field of labor protection today is characterized by certain obsolescence and inconsistency with the normative documents of the European Union in the relevant field. An analysis of the norms of the drafts of the Law of Ukraine “On Safety and Health of Workers at Work” and the Law of Ukraine “On Amendments to Certain Legislative Acts of Ukraine Regarding Liability for Violation of the Requirements of the Law on Safety and Health of Workers at Work” prepared by the Cabinet of Ministers of Ukraine is being carried out.
The analysis of the structure and content of the norms of draft laws shows that the work on the selection and placement of normative material has been properly carried out. The norms of the draft laws correspond to the norms of the Council Directive No. 89/391/EEC and other documents of the European Union in the field of safety and health protection of workers at work.
Proposals and recommendations for improvement of the specified draft laws are substantiated. It is noted that it is appropriate to use the term “safety and health protection of employees at work” in the title and content of the draft laws, as it is more correctly constructed and more in line with Council Directive No. 89/391/EEC. The author’s definition of the term “safety and health protection of employees at work” is substantiated as a system of measures to prevent and/or reduce the impact of dangerous and harmful production factors, aimed at preserving the life, physiological and psychological functions of the body, and the optimal working capacity of an individual who works at on the basis of an employment contract, at the place of her employment.
Attention is drawn to the fact that Article 28 of the draft Law of Ukraine “On the Safety and Health of Employees at Work” uses the terms “employees who have recently given birth” and “employees who are breastfeeding”, establishing special measures to ensure safety and health for these categories of employees. At the same time, the main law in the field of labor – the Code of Labor Laws of Ukraine in Chapter XII, dedicated to the protection of women’s labor, does not use these terms, but establishes guarantees, in particular, for women who have children under the age of three, and women who have children aged three to fourteen or children with disabilities. It is emphasized that in Article 28 of the draft law, the last category of female workers is not given attention at all, which is not correct, since they also need special protection. In addition, the specified documents contain norms that are different in terms of content on ensuring the safety and health of female workers. It is proposed to harmonize the relevant norms of Article 28 of the draft law and Chapter XII of the Labor Code of Ukraine.
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Busardò, Francesco Paolo, Matteo Gulino, Simona Napoletano, Simona Zaami, and Paola Frati. "The Evolution of Legislation in the Field of Medically Assisted Reproduction and Embryo Stem Cell Research in European Union Members." BioMed Research International 2014 (2014): 1–14. http://dx.doi.org/10.1155/2014/307160.
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Medically Assisted Reproduction (MAR), involving in vitro fertilisation (IVF), and research on embryos have created expectation to many people affected by infertility; at the same time it has generated a surplus of laws and ethical and social debates. Undoubtedly, MAR represents a rather new medical field and constant developments in medicine and new opportunities continue to defy the attempt to respond to those questions. In this paper, the authors reviewed the current legislation in the 28 EU member states trying to evaluate the different legislation paths adopted over the last 15 years and highlighting those EU countries with no specific legislation in place and MAR is covered by a general health Law and those countries in which there are no laws in this field but only “guidelines.” The second aim of this work has been to compare MAR legislation and embryo research in EU countries, which derive from different origins ranging from an extremely prohibitive approach versus a liberal one, going through a cautious regulatory approach.
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Adamiec, Danuta, Justyna Branna, Dobromir Dziewulak, Natalia Firlej, Kamila Groszkowska, Marta Karkowska, and Łukasz Żołądek. "Informacja na temat legislacji dotyczącej systemu cyberbezpieczeństwa w wybranych państwach Unii Europejskiej (Belgia, Czechy, Estonia, Francja, Holandia, Niemcy, Szwecja)." Zeszyty Prawnicze Biura Analiz Sejmowych 3, no. 71 (2021): 280–314. http://dx.doi.org/10.31268/zpbas.2021.61.
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The study presents information on the legislation on the cybersecurity system in selected European Union countries. The discussed laws in force in individual countries implement the NIS Directive concerning measures for a high common level of security of network and information systems across the Union. The NIS Directive specifies the institutions that should be established in all Member States; it regulates cooperation at the European level and imposes obligations in the field of network and information systems security, including the duty to adopt a national strategy on the security of network and information systems.
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Martirosyan, Diana G. "LEGAL LABOR MIGRATION REGULATION FROM THIRD COUNTRIES UNDER EUROPEAN UNION LAW." SCIENTIFIC REVIEW. SERIES 1. ECONOMICS AND LAW, no. 1 (2022): 121–31. http://dx.doi.org/10.26653/2076-4650-2022-1-09.
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The article deals with the EU legal framework in the sphere of regulation of legal labor migration of citizens from third countries. In recent years this issue has become one of the most discussed in the European Union due to the migration crisis and the development of geopolitical transformations. By examining the relevant provisions of primary and secondary EU law, especially certain provisions of EU secondary legislation, as well as the case law of the Court of Justice of the European Union (hereinafter — CJEU), the author concludes that the European Union institutions and competent authorities need to change their approach when it comes to labor market needs. The migration crisis of 2015-2019 has shown the need to develop and further adopt a common migration policy at the supranational level, with particular attention to the regulation of labor migration. Details on improving and developing a program for the integration and assimilation of migrants in host countries are extremely important. There is also a need to develop online platforms and tools to help potential migrants better integrate, which could be similar to the European Job Mobility Portal (EURES). Particular attention needs to be paid to the implementation of European law at the supranational level, as individual countries complicate administrative and bureaucratic regulation in order to reduce the flow of migration into their countries. In general, despite some progress in the development of EU migration law, there is a need to improve it in order to bring it into line with the reality of migration regulation.
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TSYMBALIUK, O. "The right to information and the right from information: institutional relationship in the legislation of individual countries of the European Union." INFORMATION AND LAW, no. 3(12) (December 23, 2014): 84–91. http://dx.doi.org/10.37750/2616-6798.2014.3(12).272570.
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The paper offered to the individual institutional position and relationship of the right to information and the right to information on the example displayed in the legislation of some countries of the European Union and the determination of their appropriateness in the codification of the laws of Ukraine on information.
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Kotova, Liubov, and Victoria Tiutiunnyk. "PROBLEMS OF LABOR LAW FORMATION IN THE FRAMEWORK OF EUROPEAN INTEGRATION." Law Journal of Donbass 77, no. 4 (2021): 85–92. http://dx.doi.org/10.32366/2523-4269-2021-77-4-85-92.
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European labor law as a supranational law of the member states of the European Union is interesting to consider its "pros" and "cons", which should be taken into account when reforming Ukrainian labor legislation. The article studies the main provisions of European labor law and the dynamics of changes in European labor law. Ukrainian labor law is national, European labor law is supranational in nature and is binding on any EU member state. The competence of the EU is delimited from the competence of the Member States, the principles of subsidiarity and proportionality are applied. The EU can only act within the limits agreed by the Member States. Labor law at the national level is formed independently by the state, the EU complements national legislation, primarily on the health of workers, working conditions, protection of workers in dismissal. Initially, European labor law was conceived as one of the tools for creating a common market that promotes gradual unification, dictated by economic integration and the political context. Then the European social model began to develop through the harmonization of national legislation to which the social partners are "tied". The process is carried out through the consolidation of fundamental social rights at the EU level, as well as through the use of flexible methods aimed at the approximation of national laws. EU labor law, like Ukrainian labor law, complies with all the basic principles and provisions of international labor law. To date, Ukraine has ratified 70 The International Labor Organization (ILO) conventions. Acts of EU law have supremacy over national law. Even if a state does not bring national legislation into line with the directive, its violation can be challenged in an EU court. Judges of national courts are in some cases directly required to seek interpretation of European law in the European Court of Justice in Luxembourg. In the article we consider the legal regulation of major issues in the field of labor: labor protection, an employment contract, working hours, leisure time, wages, protection of personal data of employees and social partnership.
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Marchuk, M., and L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Hartley, Trevor C. "The European Union and the Systematic Dismantling of the Common Law of Conflict of Laws." International and Comparative Law Quarterly 54, no. 4 (October 2005): 813–28. http://dx.doi.org/10.1093/iclq/lei038.
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English conflict of laws is the creation of the common law. Prior to Britain's entry into the European Union, legislation played only a limited role. The few legislative measures concerning choice of law were narrowly targeted to remedy specific problems—for example the formal validity of wills, or torts. The rules for service outside the jurisdiction were a more important exception, but their practical operation largely depended on judge-made concepts and remedies, such as forum non conveniens and antisuit injunctions. The common law also provided a complete system for the recognition of foreign judgments that operated untrammelled with regard to judgments from many countries, including some of the most important, while the relevant legislation, where applicable, did little more than provide a simpler procedure.
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Varul, Paul. "The Creation of New Estonian Private Law." European Review of Private Law 16, Issue 1 (February 1, 2008): 95–109. http://dx.doi.org/10.54648/erpl2008005.
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Abstract: The article gives an overview of how new legislation was drafted and adopted in Estonia after the country regained its independence. Estonia was one of the republics of the Soviet Union and became independent again in 1991. The new situation suddenly necessitated new legislation, which had to suit a democratic state with a market economy, and also be in line with the standards of developed European countries. It took ten years (1991–2001) to create the new legislation, the cornerstones of which are the Civil Code and the Commercial Code. The Civil Code was adopted in five parts: the General Part of the Civil Code Act (1994, replaced with a new version in 2001), Family Law Act (1995), Law of Property Act (1993), Law of Succession Act (1997) and Law of Obligations Act (2001); the Commercial Code was passed in 1995. The article introduces the content of all the aforementioned laws. The comparative method was the main method in drafting the new laws. The laws of Germany, the Netherlands, Switzerland, Austria, France, Italy, and the Scandinavian countries, as well as the Civil Codes of the State of Louisiana and the Province of Quebec were followed as the most important examples. Internationally harmonized legislation, such as the Vienna Convention on Contracts for the International Sale of Goods, as well as sample laws such as the Principles of European Contract Law and Principles of International Commercial Contracts were also used as sources. Drafting the new private law legislation largely fell into the period when Estonia was a candidate state to the European Union, which is why he European Union law was already taken into account when preparing the drafts. By the time Estonia became a Member State of the EU (2004), its private law legislation was in harmony with the EU requirements. Although the legislations of former USSR republics and socialist countries have developed at varying paces, the legislative analysis of Estonia, which is the subject of the article, also reflects the developments of the ‘countries in transition’ that are in the same situation and where new social and economic conditions necessitated new laws. A major objective in drafting the new laws was to make them understandable and acceptable to persons from other countries, thus paving the way for international cooperation. Résumé: L’article donne un aperçu de la manière dont l’Estonie, de nouveau indépendante, a procédé à l’élaboration et à l’adoption d’une nouvelle législation. L’Estonie est une ancienne République de l’Union soviétique qui regagna son indépendance en 1991. Dans ce nouveau contexte, le besoin s’est rapidement fait sentir d’avoir une législation qui soit adaptée à un État démocratique, dans lequel fonctionne l’économie de marché et qui satisfasse aux normes des pays développés de l’Europe. L’Estonie a mis dix ans (de 1991 à 2001) pour établir une nouvelle législation, dont les principaux textes de base sont le Code civil et le Code de commerce. Le Code civil a été adopté en cinq parties: la loi relative à la partie gènérale du Code civil (1994, remplacée par une nouvelle version en 2001), la loi sur la famille (1995), la loi sur les biens (1993), la loi sur les successions (1997) et la loi sur les obligations (2001), le Code de commer
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Goulart, Pedro, and Arjun S. Bedi. "The Evolution of Child Labor in Portugal, 1850–2001." Social Science History 41, no. 2 (2017): 227–54. http://dx.doi.org/10.1017/ssh.2017.3.
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Historical accounts of the evolution of child labor are limited to the United States and to the core European economies. The experience of countries outside the prosperous European core has rarely been investigated. This paper draws on data from censii, labor force, and household surveys and qualitative information such as the testimonies of various stakeholders and news articles to provide an analysis of the evolution of child labor in Portugal. The Portuguese experience is set against the backdrop of the country's economic structure and economic growth, demographic changes, educational expansion and schooling, and labor legislation. Our assessment suggests that the long-run evolution of child labor in Portugal was determined mainly by the needs of the economic structure of the country and it was the progressive adoption of skill-biased technologies that pushed children away from work. While the passage of compulsory schooling and minimum working-age laws may have provided additional impetus, they were not the main drivers as changes in these laws tended to follow declines in child labor.
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Zajc, Katarina, and Breda Mulec. "New Challenges in the Filed of Ambient Air Protection with the Emphasis on Economic (in)efficiencies of Chimney Sweeping Services." Lex localis - Journal of Local Self-Government 11, no. 3 (July 1, 2013): 311–24. http://dx.doi.org/10.4335/11.2.311-324(2013).
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This paper analyzes new challenges in the field of ambient air protection, such as the use of new energy-generating products, and assesses the air quality protection responsibilities of local communities in European Union (EU) Member States. Domestic heating systems are a major source of air pollution. Thus, chimney-sweeping services are very important and must be regulated to provide fire safety and guarantee better ambient air quality. This paper analyzes Slovenian legislation regulating chimney-sweeping services and compares the Slovenian laws with comparable laws of other European countries and the national laws of EU Member States to examine the laws’ effectiveness in regulating and protecting air quality. More specifically, the paper uses legal and economic analyses to examine the efficiency of current legislation pertaining to chimney-sweeping services. The paper concludes that, consistent with theories of asymmetric information and negative externalities, licensing would be more effective in meeting the challenges of ambient air protection than current exclusive concession agreements, which effectively establish geographical monopolies in chimney-sweeping services.
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Sokolowski, Maciej M. "Laws and Policies on Electric Scooters in the European Union: A Ride to the Micromobility Directive?" European Energy and Environmental Law Review 29, Issue 4 (August 1, 2020): 127–40. http://dx.doi.org/10.54648/eelr2020036.
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The conducted research shows that the EU-27 and the UK have a varied approach to electric scooters when it comes to law: some see them as means of micro-transportation or personal transport, others define them exclusively in their legislation (in a direct manner). In some countries electric scooters are not defined in legislation but other rules apply (e.g. rules on bicycles). Electric scooters’ users are qualified either as pedestrians using scooters, drivers, or cyclists. The limit of 20 – 25 km/h of speed is a general benchmark. The rules on the access to pavement, pedestrian zones, and pedestrian crossings vary among the Member States (some allow it, providing speed limits; others offer only the possibility of accessing bike paths or public roads). National legislation also provides some other requirements, such as age limits for electric scooter users when riding on a road or wearing protective equipment (e.g. helmet or safety vest). The research also proves that the majority of Member States do not provide any special rules on driving licences or insurance (generally not required when using electric scooters). Finally, the article addresses a seemingly basic legal European framework on electric scooters and a possible harmonization by adopting the Micromobility Directive. electric transport, electric scooters, micromobility, micro-transportation, Micromobility Directive
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Vanhutte, Henk. "Basic steps in assessing the compliance of PPE with EU requirements." Okhrana truda i tekhnika bezopasnosti na promyshlennykh predpriyatiyakh (Labor protection and safety procedure at the industrial enterprises), no. 9 (September 11, 2020): 65–68. http://dx.doi.org/10.33920/pro-4-2009-12.
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The online conference "PPE – New Challenges in the New World" became a platform for discussing topical issues of the development of the standardization system in Russia and abroad, their impact on solving industrial policy issues, improving the quality of PPE products and labor protection in a new reality. We bring to your attention an interview with the speaker of the conference, Henk Vanhutte, Secretary General of the European Security Federation, on the legislation and current practices of the countries of the European Union.
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Kozhevnikov, Оleg A., and Marina V. Chudinovskikh. "Regulation of telework in Russia and foreign countries." Vestnik of Saint Petersburg University. Law 11, no. 3 (2020): 563–83. http://dx.doi.org/10.21638/spbu14.2020.303.
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The article analyzes the legislative approaches to the regulation of telework in Russia, the United States, and the countries of the European and Eurasian Economic Union (EAEU). The authors systematized the main issues of the Telework Enhancement Act, the Telework Framework Agreement, and the Labor Code of the Russian Federation and countries of the EAEU. The comparison made it possible to conclude that the norms of Russian labor law significantly lag behind European and American legislation. The regulation of telework in the Russian Federation consists of a certain framework, without a legal resolution of many important issues. The norms of the Labor Code of the Russian Federation are focused on procedural issues rather than on guarantees and compensation for employees. The authors investigated the level of labor guarantees for teleworkers in Russia and also carried out a comparison of social protection, which highlighted the reasons for the proliferation of “gray” employment schemes. The key problems of telework regulation in Russia are the absence of the obligation of the employer to compensate the employee for the costs of equipment and communication, reduced responsibility and duties of the employer in terms of labor protection, adherence to the work and rest regime, imperfection of the rules governing dismissal. In order to improve the Russian legislation, the possibilities of securing the preferential right of certain categories of individuals to enter into an agreement on teleworking, establishing the employer’s obligation to compensate employee expenses caused by teleworking are considered. The necessity for increasing the work on raising the level of the legal culture of citizens on the part of educational institutions and trade unions is justified. The regulation of telework in Russia needs to be gradually improved on the basis of an analysis of Russian law enforcement practices and foreign experience.
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Zimmer, Reingard. "Living wages in international and European law." Transfer: European Review of Labour and Research 25, no. 3 (August 2019): 285–99. http://dx.doi.org/10.1177/1024258919873831.
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A number of countries worldwide provide for a statutory minimum wage. Generally speaking, however, it is not a living wage, although the right to a living wage is guaranteed in a variety of agreements under both international and European law. The Council of Europe’s European Social Charter (ESC), for example, codifies a living wage and, according to the case-law of its supervisory body, the level of 60 per cent of the net average wage is to be taken as the basis for appropriate remuneration. This article argues that the Charter of Fundamental Rights of the European Union also incorporates the right to a living wage, which should be at least 60 per cent of the net average wage. The Charter is legally binding for EU institutions, agencies and other bodies. Member States are bound only to the extent that the material scope of the relevant EU laws has been opened, which is the case when EU law is implemented or when obligations arising out of specific Union legislation are required for the relevant subject area, as will be explained in the article. In purely national situations nevertheless, values laid down in international law have to be observed when interpreting national laws.
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Čović, Ana. "The influence of judicial practice on the legislation in the sphere of LGBT community rights." Socioloski pregled 55, no. 3 (2021): 690–713. http://dx.doi.org/10.5937/socpreg55-32553.
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In the light of the announced adoption of the Law on Same-Sex Unions, the question arises whether the draft law is in accordance with the Constitution, especially after the announcements that the law will not be signed. Although the Constitution specifies that marriage is a union of a man and a woman, experts point out that in this case it is not a law on marriage and family, nor does it provide for the possibility of adoption of children by same-sex couples, but that it regulates property, health, pension and other legal relationships of same-sex partners living in the union. At the same time, many public figures have invited traditional religious communities to react in order to defend the "right to freedom and future of the people", emphasizing that contentious issues related to the regulation of mutual rights and obligations of same-sex couples could be resolved by amending the existing laws in those areas. In the countries where similar laws exist, case law has played a significant role, just as various medical and psychological associations. The European case law is not uniform, and cases often end before the European Court of Human Rights, while in the United States at the federal level, all anti-homosexual laws are repealed by a Supreme Court decision (Lawrence v. Texas, 539 U.S. 558 [2003]). Nevertheless, there is no single law in this area and the rights of same-sex couples vary from country to country. The paper will provide an overview of significant court decisions in this area in European countries, as well as the decisions of the US Supreme Court, which may lead us to think about the possible legal consequences of (non)adoption of the disputed Law on Same-Sex Unions, about procedures that could be initiated if partners decided to request judicial protection for the purpose of recognizing their guaranteed human rights, as well as the content and significance of such court judgments.
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Rocchi, Rueda-Cantuche, Boyano, and Villanueva. "Macroeconomic Effects of EU Energy Efficiency Regulations on Household Dishwashers, Washing Machines and Washer Dryers." Energies 12, no. 22 (November 12, 2019): 4312. http://dx.doi.org/10.3390/en12224312.
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Testing the relationship between economic performance and energy consumption is of utmost importance in nearly all countries. Taking the European Union as scope, this paper analyses the impacts of energy efficiency legislation on a selection of household appliances. In particular, it analyses the employment and value added impacts of the stricter energy efficiency requirements for dishwashers, washing machines, and washer dryers. To do so, this paper combines a bottom-up stock model with a macro-econometric dynamic general equilibrium model (FIDELIO) to quantify the direct and indirect value added and employment impacts in the European Union. The analysis shows that stricter energy efficiency requirements on household dishwashers, washing machines, and washer dryers have a net negative macroeconomic impact on value added (roughly 0.01 % of the total European Union value added) and a slightly net positive impact on employment. In fact, the regulations cause a shift in the composition of the household consumption basket that seems to favor labor-intensive industries.
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Kobus-Ostrowska, Dorota, and Doxa Papakonstantinou. "Labor Market Integration of People with Disabilities According to Polish and Greek Legislation." Comparative Economic Research. Central and Eastern Europe 23, no. 1 (March 30, 2020): 111–26. http://dx.doi.org/10.18778/1508-2008.23.07.
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The paper presents the types of support available to employers who employ individuals with disabilities, as well as opportunities for the disabled to enter the labor market, start a business, and keep it running. The text is enriched with information about the labor rights of people with disabilities. A thorough examination of the legislation in force in Poland and Greece led us to numerous and interesting conclusions. Despite many seemingly attractive forms of support available to employers and people with disabilities, we note that the labor participation rate of people with disabilities is still much lower in Poland and Greece than in many other European countries. What is the main barrier to the activation of people with disabilities? Although the answer to this question is certainly multi-threaded, it seems justifiable to claim that the complexity of the legislation, a number of stipulations in the area of public aid, and possible new adverse amendments to labor laws effectively discourage employers from creating jobs for people with disabilities and they discourage people with disabilities from being economically activated.
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Sani, Serena. "The European legislation on the education of migrant workers’ children. A pedagogical reading." New Trends and Issues Proceedings on Humanities and Social Sciences 3, no. 1 (June 28, 2017): 67–74. http://dx.doi.org/10.18844/prosoc.v3i1.1732.
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Since the last decades of the twentieth century the gradual stabilization of the immigration phenomenon has created also a significant increase in family reunification and, as a result, a great number of foreign students in European schools. In this context, the European institutions have seen fit to adapt to the situation by setting up a legislative system aimed not only to guarantee the right to education for immigrant children and to receive an equal treatment with the respect to native children, but also to lead the EU member States to promote integration school policies. The aim of this paper is to assess – through the examination of the laws and other official measures issued by the Council of Europe and the European Union – several initiatives undertaken in the last decades by the European political institutions to encourage cooperation among the member countries and to foster a common line of action on integration and education of immigrant children. Keywords: Immigrant children, EU member States, integration school policies
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Baccaro, Lucio, Rüya Gökhan Koçer, Jorge Galindo, and Valeria Pulignano. "Determinants of Indefinite Contracts in Europe: The Role of Unemployment." Comparative Sociology 15, no. 6 (November 23, 2016): 794–838. http://dx.doi.org/10.1163/15691330-12341412.
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Using individual-level data from the 2010 wave of the European Working Conditions Survey (ewcs), and country-level data on unemployment, employment protection legislation and union density for 21 European countries, this paper provides a comprehensive multi-level analysis of the determinants of indefinite employment contracts. The authors find that workers’ autonomy on the job, the intensity of computer use, and the presence of general and specific skills are associated with greater contract security. Perhaps more importantly, the authors find a strong negative effect of unemployment, particularly on workers cumulating multiple sources of labor market vulnerability, such as young age, low skill, low autonomy, and immigrant status, especially but not exclusively in the Mediterranean countries most affected by the crisis.
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Zavalna, Zhanna, and Mykola Starynskyi. "CONTRACTUAL DELEGATION OF SOVEREIGNTY IN SUPRANATIONAL ENTITIES." Global Prosperity 2, no. 1 (July 25, 2021): 29–36. http://dx.doi.org/10.46489/gpj.2021-1-2-5.
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The article analyses the agreement basis for state sovereignty as established and implemented in the European Union. The research aims to study the agreement-based regulation used by the EU Member States to create a stable position of Ukraine on its way to becoming a member of the European Union. The research allowed finding out that the member states do not transfer their powers in their economic and social fields but only delegate them. The analysis of the treaties concerning the establishment and functioning of the European Union proves the existence of specific organisational and legal intervention measures that the countries agree to when joining the treaty union. The agreement-based rearrangement of powers between the EU and its member states lets the latter obtain their special legal personalities regarding the conclusion of agreements among themselves and at the same time preserve complete economic sovereignty in their relations with the countries that are not member states of the EU. When joining the European Union, its member states voluntarily and on a negotiable basis agree to certain restrictions and prohibitions binding in their economy. Furthermore, the EC Treaty provides for the improved protection of interests for the economic community as compared with the protection of national interests of the member states though it is not excluded that the latter can be taken into consideration when adopting the national laws of a member state to the EU legislation.
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Κοζαμάνη (Alexandra Kozamani), Αλεξάνδρα. "Ευθανασία: Πρακτικές που εφαρμόζουν οι χώρες της Ευρωπαϊκής Ένωσης." Bioethica 5, no. 1 (July 15, 2019): 89. http://dx.doi.org/10.12681/bioeth.20837.
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Euthanasia is one of the issues that bioethics deals with, which is one of the outmost importance. Furthermore it is very up-to-date. In Greece and in most countries of the European Union euthanasia has not been subject to specialized legislation. It is only occasionally debated, resulting in tension and conflict. On one hand, people have the right to self determination, so the end of life should be among them. On the other hand, life is considered to be of the highest value and it is the duty of healthcare personnel to guard and preserve it by any means, using their expertise and knowledge.In this paper, a brief report is made to the practices used across countries in the European Union regarding the end of life. Most countries are opposed to euthanasia while acknowledging the right of a patient to refuse or receive treatment. Only three countries have passed bills that legalize euthanasia under strict conditions. The rest, due to sensitivity in this matter, have not yet proceeded in reforming their laws accordingly. It seems that society does not have the necessary reassurances so that they can engulf that issue guarding the true will of a person.
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Khassenov, M. K. "Some issues of labor regulation of medical and pharmaceutical workers in selected OECD countries." BULLETIN of L.N. Gumilyov Eurasian National University. Law Series 137, no. 4 (2021): 98–109. http://dx.doi.org/10.32523/2616-6844-2021-137-4-98-109.
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The article presents the results of a study of the legal basis for the labor activity of medical and pharmaceutical workers in some states that are members of the Organization for Economic Cooperation and Development (hereinafter - OECD). The author provides general features and specifics of labor regulation models in the healthcare sector. The article analyzes legislation and law enforcement. Thus, the European (continental) and Anglo-American models stand out, which differ in the direction of regulation. The first model is distinguished by the social orientation of labor regulation and public law regulation of disciplinary liability issues through quasi-state bodies of control and supervision. Whereas the second model provides for more autonomy to the parties to labor relations in establishing working conditions and private law regulation of disciplinary liability issues through self-regulatory professional organizations. The second model is more flexible, allowing more freedom to build labor relations with medical and pharmaceutical personnel, contributing to the development of the market for medical services and the efficiency of the health care system. The article substantiates the need for the reception of individual institutions and norms of labor and medical law of the states in question in the legislation of the Republic of Kazakhstan. In particular, there is a need for an independent law regulating the legal status of medical and pharmaceutical workers by analogy with foreign laws on the regulation of medical professions, in order to differentiate the norms that establish the specifics of the application of disciplinary measures, compliance with professional ethics and quality standards.
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Alexandrov, Georgi. "Transformation of Digital Legal Deposit in Terms of Legislation and Public Access." Knygotyra 70 (July 5, 2018): 136–53. http://dx.doi.org/10.15388/knygotyra.2018.70.11812.
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[full article, abstract in English; abstract in Lithuanian]
The age of digitization is marked by a huge quantity and variety of electronic content distributed on the Internet. Building national collections of deposited electronic publications is a challenge related to the preservation of the global cultural heritage. The purpose of the article is to examine the ongoing transformation of the digital legal deposit with a focus on the legislative and public access regulation. The geographical scope of the research covers the countries from the European Union in the time span of the last two decades. Three stages of digital legal deposit implementation are identified: legislative regulation, technological infrastructure and practical procedures. The article presents the adaptation of deposit laws to the new media environment marked by fast growing online publishing. The study identifies the features of controlled e-reading as the main access tool in the deposit institutions and classifies them into two types: restriction related and usability related. The major challenges to a further digital legal deposit development are specified as legislative, technological, financial, and social. Examples of public access regulation in several European national libraries are observed with emphasis on the most advanced practices. Based on the main findings, the article formulates the forecast for less restrictions and better cooperation within the European Union concerning the regulation of public access to digital deposit collections.
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Montilon, Vito, Oriana Potere, Leonardo Susca, and Giovanna Bottalico. "Phytosanitary Rules for the Movement of Olive (Olea europaea L.) Propagation Material into the European Union (EU)." Plants 12, no. 4 (February 4, 2023): 699. http://dx.doi.org/10.3390/plants12040699.
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Phytosanitary legislation involves government laws that are essential to minimize the risk of the introduction and diffusion of pests, especially invasive non-native species, as a consequence of the international exchange of plant material, thus allowing us to safeguard agricultural production and biodiversity of a territory. These measures ensure compliance with adequate requirements relating to the absence of pests, especially of harmful quarantine organisms through inspections and diagnosis tests of the consignments to ascertain the presence of the pests concerned. They also regulate the eradication and containment measures that are implemented in the eventuality of an unintentional introduction of these organisms. In the present contribution, the current plant protection legislation for the exchange of plants or propagation material within the European Union or for export to foreign countries, represented by Regulation (EU) 2016/2031, has been reviewed, with a particular focus on the olive tree (Olea europaea L.). Furthermore, a brief summary of the main olive tree pests transmissible with the propagation material is also reported, indicating their current categorization with respect to the relative quarantine status.
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Crețu, Daniela, and Andrei Radu Iova. "Aspects of Labor Market in Romania and Bulgaria in the Context of the Impementation of the Strategy Europa 2020. Comparative Study." “Agriculture for Life, Life for Agriculture” Conference Proceedings 1, no. 1 (July 1, 2018): 196–204. http://dx.doi.org/10.2478/alife-2018-0029.
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Abstract During the last years, in Romania and Bulgaria, an acceleration of existent disparities took place compared to the European Union countries as regards the occupational labor structures and an decreased evolution of the active population migration to other EU states. Starting from these considerations, the present paper shows an analysis of general and specific aspects of the labor market in the two neighbouring countries, starting from the general analysis, at national level, continuing with the regional analysis until the local analysis of the labor market, at cross border level. In Romania, in 2016, an employment rate of the population at work age (15-64 years old) was of 61.6%, to an active population of 8,979 thousand persons, of which 8,449 thousand employed persons and 530 thousand were unemployed. In Bulgaria, in 2016 the active population was of 3,264 thousand persons, respectively, 53.3%, of which 3,199.6 thousand employed persons and 64.4 thousand unemployed. The employment rate of the work was of 68.7%.. There are still signs that in the two countries the legislation complies to the realities and needs in practice.
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Matveevskaya, Anna S., Sergei N. Pogodin, and Juntao Wang. "Problem of human rights violations during the migrant crisis in Europe." Vestnik of Saint Petersburg University. Philosophy and Conflict Studies 37, no. 3 (2021): 508–15. http://dx.doi.org/10.21638/spbu17.2021.311.
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The aim of this study was to identify how Europe’s migrant crisis affected human rights in the European Union. It focuses on the observance of fundamental human rights in the context of migration. Violations directly related to migrants and refugees are considered. Human rights law is the most universal and general branch of law on which all other laws rely. The issue of observance of these rights becomes even more critical in regard to forced migration. While these rights are guaranteed to ‘all members of the human family’, there are conditions under which universally recognized human rights should be protected and justified with particular care. Obviously, inalienable human rights may easily be compromised when it comes to prisoners or refugees. Ensuring human rights in the European Union is based on a variety of international treaties, EU regulations and internal legislation of the member countries which have adopted high standards in the field of human rights protection. With regard to the right to asylum as an essential component of the human rights law, it can be stated that an unprecedented level of integration has enabled the EU to establish a pan-European asylum system based on the standards enshrined in the 1951 Geneva Convention and the 1967 Additional Protocol, as well as to gain considerable experience in dealing with migrants and refugees and ensuring their inalienable rights. In general, legislation in this area is constantly being improved and it reflects modern challenges and threats. The member countries of the European Union are on the way to developing a unified approach to migration policy and international protection issues. However, the asylum system is imperfect and has numerous gaps, which have been repeatedly mentioned by experts and members of the academic community even before the migrant crisis began.
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Qian, Yucheng. "Research on the Legislation of Pollutants in Cross-border Electronic Transport: From a Comparative Research Perspective." Journal of Education, Humanities and Social Sciences 1 (July 6, 2022): 231–36. http://dx.doi.org/10.54097/ehss.v1i.666.
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With the progress of technology, the updating speed of electronic equipment is faster and faster. The generation rate of e-waste in various countries is also speedy. In addition, a large number of e-waste from developed countries are also exported to some underdeveloped regions, which makes their domestic e-waste output more. Electronic waste contains a variety of toxic additives or harmful substances, most of which will be discharged into the environment and affect human health. This paper is mainly based on the analysis of developing countries, especially China. Firstly, it analyzes the reasons and background of e-waste transfer of enterprises such as HP and Siemens, as well as the more stringent environmental protection treatment strategies in developed countries. Secondly, it compares and analyzes the existing laws and regulations on electronic waste between the developed countries, the United States, the European Union, and China. China should analyze the lack of laws on the cross-border transfer of e-waste, which are not comprehensive and specific enough, and there are still loopholes in the existing legal system. Finally, it analyzes how to solve such problems from the essence, and compares the national environmental protection consciousness of different countries. And the consequence is that the environmental protection consciousness of the developed countries is significantly higher than that of developing countries. Therefore, it is found that developing countries should start with the public consciousness, followed by legislation, and put forward some suggestions to improve the rule of law in China.
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Djorobekova, A., A. Khamzin, A. Boretskiy, and Sh Fayziev. "Labour migration and forced labour in the context of economic integration: new challenges and realities: statement of the problem." Bulletin of the Innovative University of Eurasia 80, no. 4 (December 25, 2020): 56–61. http://dx.doi.org/10.37788/2020-4/56-61.
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Main problem:The main idea of this study is the development of proposals for improving the legislation of the Republic of Kazakhstan, as well as the regulatory framework of the Eurasian Economic Union, taking into account the experience of the European Union countries (as the largest integration association), towards the further development of the legal framework for cooperation in the social-labor sphere, as well as improving the integration and migration policy of the Eurasian Economic Union countries in general, and the Republic of Kazakhstan, in particular. In addition, this study intends to develop practical recommendations aimed at improving the activities of the law enforcement agencies of the Republic of Kazakhstan, as well as the EAEU countries, in the field of combating illegal migration and forced labor on the territory of this integration association. Moreover, this project suggests the legal promotion of the results obtained, both on the territory of the EAEU and beyond. Purpose: The aim of the study. To develop proposals for improving the legislation of the Republic of Kazakhstan and the EAEU countries in the field of legal regulation of labour migration and counteracting its negative consequences such as illegal migration, forced labour in the territory of this integration association. Methods: The methodological basis of the study is made up of traditional general scientific and special legal methods used in comparative jurisprudence: system-structural, historical-legal, social-legal and comparative-legal. Results and their significance:All of the above testifies to the relevance and necessity of research in the framework of this study, since its implementation, taking into account the expected results, will further improve the regulatory framework in the field of combating illegal migration, human trafficking and other illegal manifestations resulting from insufficient regulation of the labour migration sphere.
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Chesalina, O. V. "Novelties of the Legislation on Distance (Remote) Work: A Comparative Legal Analysis." Actual Problems of Russian Law 16, no. 9 (October 24, 2021): 99–113. http://dx.doi.org/10.17803/1994-1471.2021.130.9.099-113.
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The paper analyzes the novelties of the Labor Code of the Russian Federation regarding the regulation of distant (remote) work given the national and foreign experience in application and regulation of remote work, including the coronavirus pandemic situation. The paper gives particular attention to such topical practical issues of distant work as: types of distant (remote) work; the ratio of home and distant work; regulation of the working time ofdistant workers; the rights and obligations of employees and employers in connection with the use of distant work, including the “right to be offline”; issues of combining distant work with family responsibilities; social insurance of distant workers. Given the recommendations of the International Labor Organization, the legislation and judicial practice of the European Union, the experience of foreign countries, the author scrutinizes the novelties of the Labor Code of the Russian Federation and makes some proposals to improve distant work regulation. In particular, the author propose to aim at protecting the rights of distant workers and ensuring a balance of interests of workers and employers when using distant work mode, as well as eliminating gaps in the legal regulation of distant work.