Dissertations / Theses on the topic 'Medical laws and legislation – European Union countries'
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ENRIGHT, Sarah Ryan. "Disability discrimination and the European Union : the impact of the framework employment directive 2000/78/EC." Doctoral thesis, European University Institute, 2005. http://hdl.handle.net/1814/5564.
Full textSupervisor: M. A. Moreau
In this thesis I propose to examine the effectiveness of the non-discrimination legislative framework now in place at the European level as a tool for achieving fairness and a decent standard of living for people with disabilities. With this aim in mind, the first section of the thesis will examine what factors led the Union to frame its work in the promotion of disability rights and how current anti-discrimination legislation emerged as a result. Section two goes on to examine the relationship between equality and disability and how the notion of equality can be applied to disability discrimination. Section three is dedicated to an analysis of the Framework Directive and its effectiveness in ensuring protection and rights for people with disabilities in the labour market. Finally section four examines the potential of the most innovative part of the Directive for people with disabilities, the concept of reasonable accommodation, which has been introduced to EU law for the first time by Article 5 of the Directive.
Lu, Lu. "Anti-dumping actions against China : a comparison of European Community and Indian laws and policies." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b1951584.
Full textThebaud, Edern. "Les produits-frontière dans la législation alimentaire de l'Union européenne: émergence d'une santé alimentaire entre logique du marché intérieur et exigences de sécurité." Doctoral thesis, Universite Libre de Bruxelles, 2012. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/209577.
Full textDoctorat en Sciences juridiques
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Van, den Haute Erik. "Harmonisation européenne du crédit hypothécaire: perspectives de droit comparé, de droit international privé et de droit européen." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210458.
Full textDoctorat en droit
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Vannes, Viviane. "Concilier le droit à l'action collective et les autres droit fondamentaux: recours au principe de proportion." Doctoral thesis, Universite Libre de Bruxelles, 2008. http://hdl.handle.net/2013/ULB-DIPOT:oai:dipot.ulb.ac.be:2013/210492.
Full textDifficile équilibre entre efficacité du droit de grève et respect des autres droits fondamentaux
Viviane Vannes
L’objet de la thèse est de vérifier si le principe de proportionnalité, entouré de certains critères fixes et cohérents, permet au juge de justifier de manière plus rationnelle une décision portant sur l’exercice du droit de grève. La proportionnalité est en effet de plus en plus invoquée dans la matière des conflits collectifs du travail soit pour admettre son exercice soit pour le limiter voire le sanctionner.
La première partie de la thèse entend identifier le concept de proportionnalité: notion, champ d’application, critères, limites, avantages et inconvénients. Elle est, aujourd’hui, l’instrument de référence comme mode de résolution des conflits de droit, à un point tel qu’elle est érigée au rang des principes de droit. C’est, la raison pour laquelle nous avons voulu déterminer les tenants et aboutissants du concept. Son inconvénient majeur est de s’appuyer, le plus souvent, sur des critères subjectifs :le raisonnable en droit, l’éthique du comportement et la morale sociale. Nous avons, alors, recherché des critères plus objectifs qui seraient susceptibles d’écarter le risque de subjectivité du juge. Nous avons observé qu’en droit européen, la Cour de Justice apprécie la validité d’un acte communautaire ou d’une mesure nationale en vérifiant s’il répond des critères précis :l’aptitude de l’acte à atteindre l’objectif poursuivi, la nécessité de l’acte en vue de l’atteindre et la proportionnalité intrinsèque de l’acte analysée dans ses rapports à l’égard de son ou ses destinataires. Ces critères sont également appliqués par la Cour européenne des droits de l’homme dans la matière portant sur l’application de la Convention européenne des droits de l’homme et des libertés fondamentales. L’analyse de cette jurisprudence permet d’affirmer qu’ils présentent une meilleure cohérence et plus d’objectivité que le raisonnable en droit.
La deuxième partie de la thèse s’attache à fixer le statut du droit de grève en Belgique. Compte tenu de l’absence de réglementation générale belge, nous avons, d’abord, pris en considération le droit international et européen. Nous en avons retiré des lignes directives de l’exercice normal du droit de grève. L’analyse de la doctrine et de la jurisprudence belge a, ensuite, permis de fixer les éléments suivants du droit de grève :notion, contours, conditions d’existence, de légalité, de légitimité; compétence du juge du fond et des référés en cas de litige portant sur l’exercice du droit de grève.
La troisième partie de la thèse identifie, dans la matière des conflits collectifs du travail, les droits susceptibles d’être soumis au raisonnement de proportionnalité et ceux qui ne le sont pas. Car, la proportionnalité ne résout pas tous les conflits. Elle ne s’applique pas lorsqu’il s’agit de juger de la légalité de la grève, de sa régularité et dans les situations de grève spontanée déclenchée en réaction aux violations par l’employeur de ses propres obligations. Elle concerne celles où le juge est amené à juger de la légitimité du moment de sa mise en œuvre, des buts poursuivis ou des atteintes que ses modalités causent aux droits subjectifs d’autrui. C’est, alors, le conflit entre des droits de même valeur juridique qui met en œuvre le jugement de proportionnalité :droit de grève et droit de propriété et liberté d’industrie des employeurs ;droit au travail des travailleurs non grévistes ;liberté d’industrie des tiers en relation commerciale avec l’entreprise en grève, fournisseurs, clients, usagers, d’exercer leur commerce, leur industrie ;liberté d’aller et venir des usagers d’un service public.
Dans les situations où elle s’applique, la thèse propose d’inviter le juge à appliquer des critères précis pour juger de la proportionnalité de la grève. Les demandes actuelles du justiciable de rationalité et de compréhension de la décision de justice l’exigent. C’est, dans son application comme mode de résolution des conflits de droit, que notre questionnement est de savoir si, les critères contenus dans le principe de proportionnalité de droit communautaire de l’aptitude, de la nécessité et la proportionnalité de l’acte, peuvent fixer une ligne de conduite destinée à établir les règles de l’exercice normal de la grève ?La réponse donnée est, selon nous, positive.
La thèse n’entend nullement porter atteinte au droit de grève. Il appartient au socle des droits sociaux fondamentaux. La reconnaissance du droit de grève aux travailleurs ou à leurs organisations syndicales est l’un des attributs essentiels des régimes démocratiques. Il n’est donc pas question de remettre en cause un droit fondamental durement acquis. Toutefois, l’essence même d’une société démocratique repose sur le respect d’autres droits, l’intérêt général, la sécurité, la propriété, la liberté au travail, la liberté d’entreprendre. C’est la raison pour laquelle, la thèse s’attache à la difficile question de la conciliation entre, d’une part, droit de grève et efficacité de la grève et, d’autre part, droits d’autrui.
Doctorat en droit
info:eu-repo/semantics/nonPublished
MAKARA, Kamila. "The development of patients' rights in cross-border health care and its impact on the member states of the European Union." Doctoral thesis, 2012. http://hdl.handle.net/1814/25201.
Full textDefence date: 17 November 2012
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The impact of the EU law on patients' rights in cross-border health care on national health care systems was subject to many fervent debates among European academics. For all the rhetoric of that debate, beneath it lies an attempt to delimit the boundaries of EU competences. These were determined by the Court’s interpretation of the Treaties. However, the recent development of patients' rights has escaped the boundaries of this interpretation and broadened the influence of patients' free movement rights into social fields. The primary concern is to answer the question about the cause which brought the Member States to give up their sovereignty for the sake of the internal market and about the effects of these sacrifices for the EU, the States and European citizens respectively. The detailed analysis of the development of EU law on cross-border health care proves that this system was an inescapable result of the decisions taken decades ago. Furthermore, by examining the different definitions and meanings of the European Social Model, the argument is explored that EU law on patients' rights, in its present form, can be considered to be not only a factor enriching the European Social Model but also an actual part of it. A new type of solidarity among the Member States and the citizens of the European Union exists, namely functional solidarity. The subject of cross-border health care has been analysed by academics in all possible ways. However, the points of view of the countries that only recently joined the Union are different to the points of view of the states that participated in the creation of the cross-border health care system. The aim of this thesis is to contribute to the debate by placing focus on the fact that there is a very important difference between the effects caused by the development of the cross-border health care systems in "Old” and "New” Member States. The thesis will describe the impact of EU law on cross-border health care in the national systems and the opposition raised against it. The objective of this work is specific. It aims to underline the difference in the impact of cross-border health care on "Old” and "New” Member States, as well as the different interests of these two groups of states in relation to EU health care policy. The intention is not only to give an empirical impression of the impact of European integration on the set-up of healthcare states, but also to explore the different tensions caused by the cross-border health care system and the different expectations of it. An attempt will be made to prove that the relation between the EU law and the national health care systems was built on two-way influence. Not only did the Member States alter their health care systems to accommodate the rules of the internal market, but that the system of co-ordination of social security also had to be adapted in order to fit the multiple national systems.
STAVROULAKI, Theodosia. "Integrating healthcare quality concerns into a competition law analysis : mission impossible?" Doctoral thesis, 2017. http://hdl.handle.net/1814/49704.
Full textExamining Board: Professor Giorgio Monti, European University Institute (Supervisor); Professor Hans-Wolfgang Micklitz, European University Institute; Dr. Okeoghene Odudu, University of Cambridge; Professor Daniel Sokol, Levin College of Law, University of Florida
Healthcare markets have started being created in Europe. Indeed, some European countries, such as the UK and the Netherlands, have started adopting the choice and competition model for healthcare delivery. Taking as a starting point that as health systems in Europe move towards market driven healthcare delivery, the application of competition law in these systems will increase, the goal of this doctoral thesis is (a) to identify some of the competition problems that may be raised in light of the reality that especially in hospital and medical markets the pursuit of competition and the pursuit of essential dimensions of healthcare quality may inevitably clash (b) to demonstrate that competition authorities would be unable to address some of these competition problems if they did not pose and address a fundamental question first: how should we define and assess quality in healthcare? How should we take healthcare quality into account in the context of a competition analysis? In delving into these questions, this doctoral thesis explores how the notion of healthcare quality is defined from antitrust, health policy and medicine perspectives and identifies three different models under which competition authorities may actually assess how a specific anticompetitive agreement or hospital merger may impact on healthcare quality. These are: (a) the US market approach under which competition authorities may define quality in healthcare strictly as choice, variety, competition and innovation (b) the European approach under which competition authorities may extend the notion of consumer welfare in healthcare so that it encompasses not only the notions of efficiency, choice and innovation, but also the wider objectives and values European health systems in fact pursue (c) the UK model under which competition authorities may cooperate with health authorities when they assess the impact of a specific transaction on healthcare quality. The thesis identifies the main merits and shortcomings of these models and emphasizes that what is crucial for the adoption of a holistic approach to healthcare quality is not only the model under which healthcare quality is actually integrated into a competition analysis but also competition authorities’ commitment to protect all dimensions of this notion.
Chapter IV ‘Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible’ of the PhD thesis draws upon an earlier version published as an article 'Integrating healthcare quality concerns into the US hospital merger cases : a mission impossible' (2016) in the journal 'World competition'
DA, COSTA LEITE BORGES Danielle. "European health systems and the internal market : towards new paradigms and values for the provision of health care services?" Doctoral thesis, 2013. http://hdl.handle.net/1814/30898.
Full textExamining Board: Professor Marise Cremona, European University Institute (Supervisor); Professor Christopher Newdick, University of Reading (External Co-Supervisor); Professor Claire Kilpatrick, European University Institute; Professor Vassilis Hatzopoulos, Visiting Professor at the College of Europe.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Using theories of distributive justice as its point of departure, this thesis deals with the tensions created by the application of the Internal Market rules to the provision of health care services within the European Union (EU). The main aim of the work is to analyse the impact of the Internal Market rules on common values and principles shared by European health systems, such as universality, accessibility, equity and solidarity. Moreover, it also aims to contribute to a more comprehensive and balanced interpretation of the role of the provision of health services in the context of the Internal Market and European Union law. The analysis developed in this thesis is conducted using the specific issue of cross-border health care, which has been chosen to demonstrate how solid values guiding European health systems can be affected by EU law and libertarian ideas. The work is divided into six chapters. The first chapter is devoted to a literature review regarding the questions of the special moral importance of health care and of theories of distributive justice used to justify the allocation of this special good among individuals. The discussion about theories of distributive justice and health care also includes the argument concerning the role of the market in health care provision. The second chapter focuses on the development of social rights of citizenship and its relationship with the welfare state. This includes the analysis of the meaning of solidarity and the concepts of European citizenship, both at national and supranational levels. The third chapter concentrates on the provision of health services at the national level. It begins by presenting a historic overview of the development of welfare services in the field of health care in Europe. Then there is an explanation of the models for financing and delivery of health care as well as their guiding principles. The fourth chapter analyses the framework of health services provision at the European level. It includes the analysis of EU legislation, such as Treaty provisions and secondary legislation, as well as the jurisprudence of the European Court of Justice (ECJ) on health services, as for example, cross-border health care and competition law cases. The fifth chapter looks at human rights law and documents in the field of health, outlining their relationship with theories of distributive justice and the provision of health care. Finally, the last chapter identifies the new paradigms and values introduced by the Internal Market rules in the field of health care, outlining their relationship with a libertarian view of health care. This chapter also examines how these new paradigms and values affect the principles of universality, accessibility, equity and solidarity at the national level, drawing conclusions about the role of the European Union in the realm of health care.
NANNERY, Aoife. "The 'conscience of Europe' in the European sovereign debt crisis : an analysis of the judgments of the European Court of Human Rights and the European Committee of Social Rights on austerity measures." Doctoral thesis, 2015. http://hdl.handle.net/1814/39046.
Full textSupervisor: Professor Claire Kilpatrick, European University Institute
This thesis is an analysis of judgments of the European Court of Human Rights and the European Committee of Social Rights arising from austerity measures in the European sovereign debt crisis. The thesis considers the protection afforded to socio-economic interests under the two systems, and how this protection has been tested by the challenges arising from the economic crisis. The first chapter is an analysis of the social Euro-crisis cases. Brought under Article 1 of Protocol 1 to the ECHR the measures enacted to reduce government spending were an alleged violation of the right to property. Almost all of the social Euro-crisis cases were held to be inadmissible by the Court, which cited the gravity of the economic crisis in the respondent states and the executive’s margin of appreciation in matters of social and economic policy. The second chapter places the social Euro-crisis cases in context temporally and thematically, in considering two previous lines of case law developed by Strasbourg: financial and economic stability, and emergency and exceptional circumstances. The ECtHR decisions focus on the severity of the crisis, determining that the margin of appreciation is broader in such circumstances. The ECtHR section concludes that it does not appear that the European sovereign debt crisis has seen Strasbourg develop any definitive crisis approach to ensure that Convention rights are protected in times of economic instability. The third chapter examines the case law generated by the European Committee of Social Rights during the same period. This section serves to act as a counterpart to the ECtHR section. The Committee emphasised that times of crisis require socio-economic rights to be protected, and finds many of the challenged austerity measures incompatible with the European Social Charter.
SCOTT, David L. "Adjudication and enforcement of fundamental social and economic rights at European level." Doctoral thesis, 1991. http://hdl.handle.net/1814/5623.
Full textKOLEHMAINEN, Eeva. "The posted workers directive : European reinforcement of national labour protection." Doctoral thesis, 2002. http://hdl.handle.net/1814/4678.
Full textKONSTA, Anna-Maria. "Working time law in Japan and the European Union : a comparative approach in the context of legal culture." Doctoral thesis, 2000. http://hdl.handle.net/1814/4679.
Full textExamining board: Prof. Nikita Aliprantis, Democritos University of Thrace, Center for Compared and European Labour Law ; Prof. Masahiko Iwamura, Faculty of Law, University of Tokio ; Prof. Yota Kravaritou, EUI (Supervisor) ; Prof. Francis Snyder, EUI
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
MESTRE, Bruno. "Corporate governance and collective bargaining : a comparative study of the evolution of corporate governance and collective bargaining in France, Germany, UK and Portugal." Doctoral thesis, 2009. http://hdl.handle.net/1814/13303.
Full textExamining Board: Simon Deakin (University of Cambridge), Julio Gomes (Universidade Católica Portuguesa, Porto), Marie-Ange Moreau (EUI, Supervisor), Heike Schweitzer (EUI)
First made available online 13 September 2018
The object of this thesis concerns the institutional complementarities between the national systems of corporate governance and employee representation (including collective bargaining) in an evolutionary comparative and European perspective. This thesis defends that there appears to be currently a phenomenon of hybridisation of the patterns of corporate governance in Europe that is introducing market elements in relational/governmental systems and relational elements in market systems. The systems of employee representation appear to be also converging towards a phenomenon of controlled decentralisation that consists in the diversification of the powers of the actors at the level of the company and in the development of new types of agreements. The underlying intention appears to be the recognition of employees as stakeholders of the company. This thesis concludes that the new types of collective agreements may not be effective as a means of counterbalancing the pressure of shareholders and employees are left in a delicate position.
SZREDER, Katarzyna Marita. "The European approach to the antitrust-patent intersection through the prism of innovation : in search of more balanced results." Doctoral thesis, 2017. http://hdl.handle.net/1814/47204.
Full textExamining Board: Professor Giorgio Monti, EUI (EUI Supervisor); Professor Hans-W. Micklitz, EUI; Dr Albertina Albors-Llorens, St John's College, University of Cambridge; Prof. Dr. Rupprecht Podszun, Heinrich Heine Universität Düsseldorf, Max Planck Institute for Innovation and Competition
This thesis addresses a topical issue of management of the antitrust-patent intersection, looking at the problem from an innovation perspective. It contributes to the field, first, by showing that from the innovation perspective the problem of biases present in both antitrust and patent decision-making might be a matter of concern in managing the antitrust-patent intersection. The question of pro-competition bias is explored through an analysis of novel issues recently considered by antitrust authorities. The analysed case studies concern reverse payment settlements, abuse of the patent system, availability of injunctions in the standard essential patent context and the treatment of the antitrust-patent intersection in the pharmaceutical sector inquiry Report prepared by the Commission. The corresponding risk of a pro-patent bias, already visible in the case studies, is examined in detail through an analysis of the design of the forthcoming Unitary Patent Court. Second, this thesis offers an examination of a signalling mechanism as a way of addressing the problem of biases. While observing that antitrust cases picked up by the Commission might serve as a signalling device for the patent system intended to prompt an alternative solution to the problem at hand, ways of developing further a communication by signalling outside the realm of enforcement are explored in an attempt to combat the risk of biases and to ensure an effective division of tasks. By adapting a signalling approach this thesis advocates an interdisciplinary approach to antitrust-patent intersection. It also seeks to combine the economic and a regulatory aspect of the treatment of the antitrust-patent intersection, thus giving it an EU-specific angle. The signalling justification for antitrust involvement in patent matters is based on the perception of the inadequacies of the alternative solutions as offered by the patent system, making an antitrust response grounded in the underlying regulatory system.
FRANCOIS, Valerie. "Techniques societaires nationales et notion d'exploitant en droit agricole communautaire : reflexion a partir des cas anglais, francais et neerlandais." Doctoral thesis, 2001. http://hdl.handle.net/1814/4629.
Full textExamining board: Prof. Francis Snyder (supervisor) ; Prof. Claude Blumann ; Prof. Louis Dubouis ; Prof. Jacques Ziller
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
HELIN, Frederique. "Les quotas laitiers : De l'autorisation administrative au droit des patrimoines Elements de reflexion sur un instruent communautaire de contingentement en droit francais et anglais." Doctoral thesis, 1992. http://hdl.handle.net/1814/4656.
Full textExamining board: Prof. T.C. Daintith (Institute of Advanced Studies, London) ; Prof. L. Lorvellec (Université de Nantes) ; Prof. Y. Mény (Institut d'Etudes Politique, Paris) ; Prof. F. Snyder (Institut universitaire européen, Florence) ; Dr. S. Ventura (Commission des Communauté européennes, Bruxelles)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
ZYSK, Malgorzata. "Legal responses to the problem of age discrimination in the European Union : does the law fit its purpose?" Doctoral thesis, 2006. http://hdl.handle.net/1814/4831.
Full textExamining Board: Prof. Silvana Sciarra (Supervisor, European University Institute) ; Prof. Bruno De Witte (European University Institute) ; Prof. Christopher McCrudden (university of Oxford) ; Prof. Michal Seweryński (University of Łódź)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
SAND, Jacob. "The social dimension of the internal market : health and safety at work." Doctoral thesis, 1992. http://hdl.handle.net/1814/5448.
Full textGEHRKE, Heike. "The implementation of the EC milk quota regulations in British, French and German law." Doctoral thesis, 1992. http://hdl.handle.net/1814/5509.
Full textHUNTER, Anna-Marie. "Harassment in the workplace : the case for Community intervention." Doctoral thesis, 1997. http://hdl.handle.net/1814/5531.
Full textFILSJEAN, Emmanuelle. "L'incidence de la mobilité des travailleurs en matière de portabilité des droits à la retraite." Doctoral thesis, 1993. http://hdl.handle.net/1814/5558.
Full textSCHROEDER, Francoise. "The working time directive and its impact on France and the United Kingdom." Doctoral thesis, 2001. http://hdl.handle.net/1814/5628.
Full textSKIDMORE, Paul. "The construction of atypical working and community law." Doctoral thesis, 1992. http://hdl.handle.net/1814/5637.
Full textSupervisor: B. Bercusson
First made available online on 11 July 2018
There is much talk in labour law about 'atypical workers' and 'atypical working' and yet there is little agreement on how to approach and analyse the subject. Nevertheless, in the broadest terms it can be stated that most, if not all, writers at least agree that the sort of workers to whom the label 'atypical' can be applied are (1) part-time workers, (2) those on fixed term-contracts, (3) temporary workers including casual workers and (4) those who work through a temporary employment business (in the UK context often referred to as agency workers). The European Commission estimated in 1988 that around 20% of the workforce within the European Community could described as falling within this description of atypical working.
VOS, Ellen. "Institutional frameworks of Community health and safety regulation : committees agencies and private bodies." Doctoral thesis, 1997. http://hdl.handle.net/1814/4819.
Full textExamining board: Prof. R. Barents (Luxembourg/Maastricht) ; Prof. R. Dehousse (Florence), co-supervisor ; Prof. Ch. Joerges (Bremen/Florence), supervisor ; Judje P.J.G. Kapteyn (Luxembourg)
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
HAWATMEH, Barbara A. "Pass back the parmesan! : the United States/European Union clash over geographical indication protection." Doctoral thesis, 2005. http://hdl.handle.net/1814/5541.
Full textLUBOW, Alexis. "Taming regulatory competition : interest groups v. joint decision trap : four EU policy cases on workers mobility." Doctoral thesis, 2017. http://hdl.handle.net/1814/46447.
Full textExamining Board: Professor Adrienne Héritier, EUI (Supervisor); Professor László Bruszt, EUI; Professor Pieter Bouwen, University of Leuven; Professor Susanne K. Schmidt, University of Bremen
Worker migration across EU member states’ borders constitutes an increasingly salient issue. Unlike the liberalization of trade in goods, it has spilled into other policy areas in many unexpected ways. It contributed to turning the so called Bolkestein Directive on services into a highly politicized policymaking episode. Subsequent decisions adopted by the Court of Justice of the European Union (CJEU) have only aggravated looming conflicts between high and low standard countries, new and old member states, competing social partners and political parties within the European Parliament. Policy issues that are resolutely foreign to EU competences, like the right to strike, have been affected as well. Simply put, recent policy developments about worker migration illustrate the increasingly contested nature of European integration. In that context, decision makers are trapped into a prisoner’s dilemma that is a real or perceived risk arising from regulatory competition. Hence, member states’ preference heterogeneity translates into an amplified risk of policymaking deadlock. Therefore, the question that this dissertation aims to answer is: under which conditions can EU institutions collectively negotiate positive policy solutions in the context of regulatory competition? Taken in isolation, a change in member state’s bargaining attitudes is unlikely and puzzling. Instead, I argue that when there is a high risk of deadlock in the Council the successful negotiation of policy instruments depends significantly on the relative homogeneity of preferences of competing social partners and their ability to defend pan‐European interests next to national immediate interests. The empirical analysis examines four cases of policy negotiations in relation to worker mobility within the EU. Negotiations over the 2006 Services Directive are sliced into two distinct strategic interactions. In addition, I examine the failed negotiations over the 2012 Monti II Proposal on the right to take collective action and the successful negotiations over the 2014 Directive on the enforcement of the 1996 Posted Worker Directive. The selection of cases aims to carry out a conceptual experiment in which the strategic setting is maintained relatively constant while variations in actors’ preferences and strategies may affect policy outputs.
PAVLOU, Vera. "Migrant domestic workers in the European Union : the role of law in constructing vulnerability." Doctoral thesis, 2016. http://hdl.handle.net/1814/41765.
Full textExamining Board: Professor Claire Kilpatrick (EUI Supervisor); Professor Bruno de Witte, EUI; Professor Judy Fudge, University of Kent; Professor Mark Bell, Trinity College Dublin.
Awarded the Mauro Cappelletti Prize for the 'Best Thesis in Comparative Law' at the European University Institute conferring ceremony on 9 June 2017
Due to the interplay of factors such as population ageing, women's entry into paid employment and the decline of the welfare state, EU Member State face increasing needs for domestic work services – primarily care but also cleaning and other housekeeping services. The majority of domestic workers in Europe today are migrants, both EU and third-country nationals. They tend to work under precarious conditions that make them vulnerable to day-to-day exploitation. Migrant domestic workers face low wages, long and unregulated working hours, workplace harassment, lack of protection if they become pregnant, and unlawful dismissals. Such vulnerabilities are to some extent attributed to intersections of race, class and gender-based prejudices. Yet law, in particular migration and labour law, has an important role in constructing and sustaining vulnerabilities. My aim in this thesis is twofold: to examine the role of law in structuring vulnerability and to identify legal sources that can challenge and reduce certain aspects of this vulnerability. In the first part of the thesis I identify the key dimensions of migration law that make domestic workers vulnerable to then build a typology of the different migration law regimes of EU Member States. To examine the role of labour law, I compare the labour law regulation of domestic work in four Member States: Spain, Sweden, Cyprus and the UK. The analysis sheds light to labour law's very different ways in structuring and, in certain instances, reducing vulnerability. In the second part of the thesis I examine the treatment of migrant domestic workers under EU law. I first give an overview of EU migration law sources to locate and evaluate norms relevant to domestic workers. Then I revisit a debate on the personal scope of EU employment law and challenge the flawed assumption that it does not apply to domestic work. I finally argue that EU employment law is a useful but largely misunderstood resource for domestic workers.
HERMANIN, Costanza. "Europeanization through judicial enforcement? : the case of race equality policy." Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
Full textExamining Board: Professor Adrienne Heritier (EUI/RSCAS) (Supervisor); Professor Lisa Conant (Univ. Denver); Professor Bruno De Witte (formely EUI/Univ. Maastricht); Professor Daniel Sabbagh (CERI, Sciences Po, Paris).
First made available online on 7 November 2019
Ten years after its enthusiastic adoption in 2000, the Race Equality Directive (RED) - a deeply innovative and indeed overall far-reaching piece of equal treatment legislation – seems to be still little enforced at the level of European courts. Why? Neither a sudden retrenchment of race discrimination in Europe, nor the inaptitude of the policy to generate European Union (EU)-law litigation, can easily explain the scarce signs of the extensive judicial enforcement that characterise other EU equal treatment policies, such as those on EU-nationality, gender and age. This study zooms in on the realm of domestic politics and judicial enforcement to inquire into cross-sectional and cross-national variations in the implementation of EU equal treatment policy. To do so, I rely upon analytical tools developed by three branches of EU studies scholarship — Europeanization, compliance and judicial politics literature — and I apply them to the yet unexplored domain of race equality policy. Tracing the process of transposition, in the first place, and analysing case law databases and expert interviews with legal practitioners, in the second place, I inquire into compliance and judicial enforcement in three EU countries: France, Germany and Italy. The findings of this comparative study confirm a very limited judicial enforcement of the RED, especially as domestic patterns of adversarial litigation in the domain of race equality are concerned. I explain this divergence looking at the ‗containment‘ action that domestic policymakers may exert on directives at the moment of transposition. In the case of the RED, this action crucially impinged on aspects likely to determine enforcement dynamics, such as those elements of the process regulating access to judicial redress. This work shows that in the case of a policy measure such as the RED, focused on individual judicial redress and mainly targeted towards disadvantaged end-users, the harmonization of some process elements is crucial to determining converging implementation dynamics. If Europeanization is contained at the moment of transposition, judicial enforcement can be seriously hindered at the national as well as the supranational levels even in presence of domestic legal mobilization. In addition to that, the thesis shows how limited raceconsciousness is to be found in contemporary European jurisprudence as well as in the claims filed by antidiscrimination law applicants.
HÖS, Nikolett. "Governance and minimum harmonisation in the field of European labour law and social policy." Doctoral thesis, 2011. http://hdl.handle.net/1814/16058.
Full textExamining Board: Prof. Marie-Ange Moreau (European University Institute); Prof. Marise Cremona (European University Institute); Prof. Catherine Barnard (University of Cambridge); Prof. Claire Kilpatrick (London School of Economics and Political Science)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
VONK, Olivier. "Dual nationality in the European Union : a study on changing norms in public and private international law and in the municipal laws of four EU member state." Doctoral thesis, 2010. http://hdl.handle.net/1814/15386.
Full textExamining Board: Rainer Baubock (EUI); Gerard-René De Groot (Universiteit Maastricht); Marie-Ange Moreau (Supervisor, EUI); Bruno Nascimbene (Università degli Studi di Milano)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The main objective of this study is to examine the phenomenon of dual nationality in the European Union (EU), particularly against the background of the status of European citizenship - a status that is linked to the nationality of each EU Member State (Article 20(1) of the Treaty on the Functioning of the European Union provides that ‘citizenship of the Union shall be additional to and not replace national citizenship’). The study consists of two parts. The first part (Chapters 1 and 2) sets out the approach towards (dual) nationality in Private International Law and EU Law, in particular by analyzing the case law of the European Court of Justice (ECJ). The second part (Chapters 3- 6) consists of an overview of the dual nationality regimes in four EU Member States - France, Italy, the Netherlands and Spain -, and their possible effects on the EU as a whole. Chapter 2 of the thesis is entitled the ‘intra-EU context’, since it primarily deals with the ECJ’s approach towards a dual nationality consisting of two Member State nationalities. The country reports, on the other hand, deal with the ‘extra-EU context’ because the dual nationality policies of the countries under consideration predominantly affect non-Member State nationals. Thus, France and the Netherlands have for some time already faced the question how to integrate the (Muslim) immigrant population; Italy and Spain have long since adopted a system of preferential treatment for (Latin American) former emigrants and their descendants. The country reports demonstrate how dual nationality is used (or rejected) in these four countries. Finally, the question whether the EU should in time acquire (limited) competence in the field of European nationality law is one of the major themes of this study. Regardless of one’s stance on this question, it must be readily admitted that the subject of Member State autonomy in nationality law is becoming ever more salient with the enlargement of the Union and the growing relevance of European citizenship in the case law of the ECJ. In the opinion of this author, the study shows that the almost absolute autonomy of Member States in the field of nationality law is becoming increasingly problematic for the EU as a whole. Based inter alia on the findings from the country reports, this thesis takes the position that there is arguably a need for the (minimum) harmonization of European nationality laws.
GUERRERO, Marion. "Lawyering for LGBT rights in Europe : the emancipatory potential of strategic litigation at the CJEU and the ECtHR." Doctoral thesis, 2018. http://hdl.handle.net/1814/60246.
Full textExamining Board: Professor Claire Kilpatrick, EUI (EUI Supervisor); Professor Ruth Rubio, EUI; Professor Kees Waaldijk, Leiden University; Professor Iyiola Solanke, University of Leeds
In Europe, the decisions of the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR) develop influence that transcends the particular case at hand. While this development has been criticised by progressive scholars, this thesis argues that it also enables civil society to participate in judicial decision making processes. In the context of Lesbian, Gay, Bi and Transgender (LGBT) rights, this thesis investigates whether "strategic litigation" before the European High Courts can be a feasible and emancipatory endeavor. The concept of "strategic litigation" - developing long-term litigation strategies in order to induce legal, social and/or political reform - is based on the recognition that adjudication is, to a large extent, a political process. To this end, strategic litigation as a (political) strategy is introduced and positioned within legal theory and the literature on "cause lawyering." Within Europe, this thesis focuses on the ECtHR and the CJEU as potential fora for strategic litigation. In order to assess their case law from an activist point of view, a "strategic litigation opportunities" framework is designed. This framework both illuminates indicators for activist intervention, and highlights the agency of LGBT rights advocates in litigation. By doing so, it challenges the view of adjudication as a purely “top-down” process. Lastly, a case study on the US LGBT rights movement, and the effective strategic litigation on (same-sex) marriage equality it has engaged in, serves as an example for the successful application of a long-term cause lawyering approach. Ultimately, this thesis will conclude that strategic LGBT rights litigation at the European High Courts can, indeed, be a feasible and emancipatory endeavour, by establishing: 1) European High Courts exert quasi-legislative power. 2) European High Courts provide procedural spaces for activist LGBT rights lawyers. 3) The European High Courts’ case law can be analysed and utilised in a progressive LGBT-rights enhancing way.
One Chapter of the PhD thesis draws upon an earlier version published as an article 'Jenseits der Kernfamilie 'funktionale Elternschaft', eine progressive Alternative aus den USA' (2010) in the journal ‘Juridikum
One chapter of the PhD thesis draws upon an earlier version published as chapter 'Activating the courtroom for same-sex family rights : windows of opportunity for strategic litigation before the European Court of human rights (ECtHR)' (2014) in the book ‘Rights on the move : rainbow families in Europe : proceedings of the conference : Trento, 16-17 October 2014’
MATAIJA, Mislav. "Private regulation, competition and free movement : sport, legal services and standard setting in EU economic law." Doctoral thesis, 2013. http://hdl.handle.net/1814/29605.
Full textExamining Board: Professor Petros C. Mavroidis, EUI (Supervisor); Professor Giorgio Monti, EUI; Professor Allan Rosas, Court of Justice of the European Union; Professor Stephen Weatherill, University of Oxford.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis studies the application of EU free movement law and competition law to private regulation, understood as rule-setting, implementation and/or enforcement by private actors, whether on their own or in partnership with State bodies. Such private or co-regulatory schemes can be a beneficial way of achieving various public interest aims. They may also, however, restrict trade or competition. I argue that free movement (Chapter 2) and competition (Chapter 3) rules have been used as a form of meta-regulation, affecting the way private regulatory schemes are organised and structured. By doing so, however, they were forced to deal with situations that cannot be classified neatly following a public-private distinction. In response, the case law of the Court of Justice and the practice of the Commission have adapted by extending scrutiny over a wider variety of measures of private regulators while also broadening the scope for justification. This, however, increases the likelihood of overlap of the free movement and competition rules, which I analyze in Chapter 4, arguing that the two sets of rules should not be mutually exclusive but that their limits should be defined more clearly on their own terms. Finally, I look at the interaction between free movement and competition, as well as their impact, in three sectors where private regulation is prominent: sports (Chapter 5), legal services (Chapter 6) and standard-setting (Chapter 7). I discuss the justifications for regulation in all three sectors, as well as the legislative and institutional setting in which private regulators operate. In all three case areas, the two sets of rules were used in a partly strategic way to influence reforms of private regulation. The application of the rules was mainly driven by institutional choices rather than the objective‘ requirements of legal doctrine.
VIELLE, Pascale. "Le cout indirect des responsabilités familiales : sa reconnaissance en droit compare, européen et international de la sécurite sociale dans la perspective de l'égalite des chances entre femmes et hommes." Doctoral thesis, 1997. http://hdl.handle.net/1814/4813.
Full textExamining board: Prof. Silvana Sciarra (Directrice de thèse), Institut Universitaire Européen ; Prof. Jean Jacqmain (Co-directeur de thèse), Université Libre de Bruxelles ; Prof. Colin Crouch, Institut Universitaire Européen ; Prof. Alain Supiot, Université de Nantes
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017
JOHNSTON, Andrew. "Theories of the company, employees and takeover regulation." Doctoral thesis, 2004. http://hdl.handle.net/1814/4666.
Full textLUNDQVIST, Björn. "Joint research and development and patent pools under the antitrust laws of the USA and the competition rules of the European Union." Doctoral thesis, 2010. http://hdl.handle.net/1814/14524.
Full textExamining Board: Professor Hanns Ullrich, EUI (Supervisor); Professor Steven Anderman, University of Essex; Professor Gustavo Ghidini, Luiss Guido Carli University; Professor Hans-W. Micklitz, EUI
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
Great prosperity is derived from innovation, which in turn prospers in an environment with a large public domain of free knowledge, property rights and unfettered competition. Generally, this was the basic theory for prosperity under the antitrust laws with reference to joint R&D, technology transfer and technology standardization in the US and Europe for many years. This perspective was slowly abandoned in the 1980s and 1990s, replaced by a belief that the greatest wealth was derived from innovators having large resources to perform R&D, the ability to cooperate with competitors and the possibility of jointly protect and exploit newly discovered knowledge through intellectual property rights, technology standardization agreements and joint licensing schemes. The antitrust policies on both sides of the Atlantic have closely and swiftly been adapted to mirror this change of theory. The thesis illustrates this transformation by analyzing the modifications and amendments made to legal acts and guidelines, and the slow shift in the scant case-law detected both under the antitrust laws of the USA and the Competition Rules of the EU. The thesis shows that the prevailing antitrust policies towards R&D collaborations, technology standardization agreements and patent pools are very similar in the US and EU and they both mirror a lenient or even supportive attitude towards collaboration between competitors in reference to creating innovation.
SIMBLET, Stephen. "Task flexibility in employment : injunctions, Community law and judicial review in English labour law." Doctoral thesis, 1990. http://hdl.handle.net/1814/5638.
Full textKyckelhahn, Tracey. "The right to be free from offense : the development of hate speech laws in the European Union, UK, Canada, and Sweden." Thesis, 2011. http://hdl.handle.net/2152/ETD-UT-2011-05-3529.
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WADDINGTON, Lisa. "More disabled than others : the employment of disabled people within the European Community an analysis of existing measures and proposals for the development of an EC policy." Doctoral thesis, 1993. http://hdl.handle.net/1814/4820.
Full textExamining Board: Prof. Erian Bercusson, European University Institute (supervisor) ; Dr. Lammy Betten, Rijksuniversiteit Utrecht ; Prof. Ad Geers, Rijksuniversiteit Limburg ; Prof. Yota Kravaritou-Manitakis, European University Institute ; Dr. Christopher McCrudden, Lincoln College, Oxford
First made available online on 26 January 2017.
To be a disabled citizen of the European Community at the present time means to be disadvantaged. Naturally the degree of that disadvantage varies between individuals, even between individuals with similar impairments, but its discriminatory nature does not. The disadvantage stems primarily from the institutionalised forms of discrimination which people with impairments are forced to confront every day of their lives. These involve physical (architectural) barriers, assumptions of inferiority, inflexible structures and organisations, and the very conception of "normality”. This discrimination touches every aspect of life - education, relationships, social activities, housing and employment, and marginalises some ten per cent of the Community’s population, i.e. no less than 33 million people. Up until now the adoption and implementation of measures to improve the quality of life available to disabled people and to promote their integration has been regarded as largely the prerogative of Member States. This approach can no longer be regarded as satisfactory in a period when the Community is increasingly coming to exert an influence over many of the areas which directly affect or influence the life of its disabled citizens: the establishment of the internal market, harmonisation of standards and goods, free movement of persons, vocational training and the mutual recognition of diplomas to mention but a few. It is the argument of this thesis that Community intervention, which respects the principle of subsidiarity, is now called for in certain fields of disability policy. The most obvious area for such intervention, given the primarily economic nature of the original EEC Treaty and much of the subsequent Community legislation, is the employment of disabled people - although it must be recognised that the desired economic integration cannot occur without complementary measures to promote social integration. The focus of this thesis shall therefore be the need, scope and possible content of a European Community policy to promote the employment of people with disabilities.