Littérature scientifique sur le sujet « Favourability principle »

The hierarchy of labour law sources plays an important role in shaping the employment protection afforded by national labour law. This article provides a comparative overview of the global trends in the relation between the different layers of employment regulation. To this end, it considers three cluster of countries, respectively the European coordinated market economies, the liberal market economies and the European post-socialist countries. This analysis will make it possible to identify common patterns of transformation of the hierarchy of sources, indicating the current direction of labour law. Based on the three models, we discuss the following four trends and their interactions: (1) the increasing role of legislation; (2) the decentralization and decline of collective bargaining; (3) the growing importance of individual employment contracts based on waivers; (4) the erosion of the favourability principle by means of clauses allowing less favourable terms of employment. We argue that these parallel changes may lead to a worsening of employment conditions. Sources of Labour Law, Hierarchy, Favour Principle, Statutory Mandatory Rules, Collective Bargaining Decentralisation, Freedom of Contract, Flexibilization

The article addresses the topic of the constitutionalization of international law starting from the reasons why international law began to be introduced into constitutional texts. This was the result of, among other things, the growth of international organizations, the tightening of relations between the various subjects of international law, the promotion of human rights, the desire to prevent the drama of war and, finally, the processes of integration and globalization. The process of incorporating international law into the constitution was also not indifferent to the French Constitution, which provides a number of provisions expressing the principle of favourability (openness) to international law. The article analyzes in detail the position of French doctrine, addressing the subject of the purposive assumptions of the constitutionalist procedure, as well as praxeological assumptions.

This paper seeks to take a look at recent labour law reforms in a number of selected CEE countries, and to examine the manner, in which the equation of standard employment relationship and the dynamics of collective bargaining processes have changed. The 1st section discusses the policy goals as well as drivers of legal changes, which have aff ected and guided recent labour law reforms in the sub-region. External infl uences over shaping of the new policy visions and recovery policies are also examined here. The 2nd section examines recent trends in regulating standard and non-standard employment relationship, as well as the collective agreements as determinants of working conditions and terms of employment. It also analyses the new approaches in the implementation of the guiding principles of collective bargaining, including the autonomy of the parties, and the principle of favourability. Furthermore, the 3rd section seeks to explore what the future looks like by traveling the paths opened by the works of the ILO Global Commission on the Future of Work, with a special focus on the Universal Labour Guarantee. Finally, a number of conclusions are drawn on the basis of the analysed data and policies.

This article analyses the rules on wage coordination and their effectiveness in the Italian two-tier bargaining system. It seeks to cast light on bargaining coordination by starting from the analysis of collective agreements, rather than focusing exclusively on normative and institutional aspects of wage bargaining. Accordingly, the study examines a dataset of 498 company-level collective agreements concluded between 2012–2015 in three sectors – metalworking, food, banking and finance – to analyse wage developments in company-level bargaining. The study considers the extent to which local wage negotiations are consistent with the rules on wage bargaining coordination laid down in economy-wide agreements and national collective labour agreements. Wage coordination rules are generally respected, though a significant number of company-level agreements still provide fixed-rate pay rises in breach of the rule that wage increases at company level should be linked to productivity and other factors relating to the workers’ and/or the firm’s economic performance. Although the violation of wage bargaining rules between national agreements and company-level collective agreements is in line with the favourability principle, it is argued that local negotiations on fixed-rate pay rises could be regarded as a form of uncoordinated decentralization, diminishing the effectiveness of horizontal coordination policies and the normative role of the social partners.

The study analyzes the dimensions of a multiscale questionnaire about ethnic prejudice toward North-Africans in Almería (Spain). The aim was to show the basic components of a scale of traditional prejudice, reliable in our context and useful for future research. Reliability is analyzed through convergence of different groups of items using various multivariate analysis procedures. A high convergence will show the most consistent and reliable dimensions in the measurement of ethnic prejudice, The questionnaire is a combination of several scales: favourability in the stereotype, social distance, principles of equality and politics ofimplementation ofthese principles. Results support the traditional character of the expression of prejudice reflected inthe scales. Two dimensions appear from the analyses: principles of equality (which include the scales of principles and politics and some items of social distance) and confidence in the interpersonal relations with the North-African population (some items of the stereotype scale). We suggest that situations of some degree of intimacy (that could be related with a subtle expression of prejudice) and the politics of limited expulsion and police border control are evaluated by respondents independently of other questions: individuals apparently not prejudiced may show rejection in these items.

The geoecological evaluation of the relief of Pašman Island from the standpoint of its touristic evaluation was conducted on the previously conducted geomorphologic analysis of the island relief. The evaluation was conducted for the needs of specific types of touristic activities (swimming, sunbathing, walking, "škraping") in the sense of its physical favourability, aesthetic value and accessibility.The method of relative relief evaluation was applied, whereby relief was evaluated within four morphographic categories: slopes, peaks, valley bottoms and beds and the coast. According to this method, as the principal restricting factor of tourist evaluation of certain parts of Pašman Island is the problem of inaccessibility, especially on the steeper south-west façade of the island (remoteness, inexistence or lack of arranged paths and wharfs). In accordance therewith, several proposals as possible solutions to the present problem were given (arrangement of paths, informing tourists on possible individual or group walks to certain destinations, organising trips with professional guides).

Adsorption is kinetically time-dependence controlled retention/ release mobility as a natural phenomenon in base and applicable in industry or in science. It is well-studied and modulated by known Langmuir, Temkin, Freundlich, and other models to describe how it occurred and explains kinetic- thermodynamic material behaviour. Linear and/ or non- linear expressions may take place according to the theoretical base of these models to conclude the layer formation, uniformity besides reaction reversibility, and favourability from kinetic- thermodynamic principles. Coefficient of determination (R2) is a mean variation of data or a degree of proper or fitting as mostly used in kinetic and isotherm literatures. In adsorption investigations, experimental physical- chemical conditions and error sources are the main influenced factors, for example, at surface coverage (or inhibition efficiency) in corrosion treatments or adsorption capacity in pollution subject. Linearity variation will govern R2 to predict adsorbate behaviour on adsorbent surface that is highly influenced by concentration, temperature, pH, type of measuring method, physical and chemical structures of the adsorbent and adsorbate, and error sources in each experiment.

The mobility of arsenic in aqueous systems can be controlled by its adsorption onto the surfaces of iron oxide minerals such as cobalt ferrite (Fe2CoO4). In this work, the adsorption energies, geometries, and vibrational properties of the most common form of As(III), arsenous acid (H3AsO3), onto the low-index (001), (110), and (111) surfaces of Fe2CoO4 have been investigated under dry and aqueous conditions using periodic density functional theory (DFT) calculations. The dry and hydroxylated surfaces of Fe2CoO4 steadily followed an order of increasing surface energy, and thus decreasing stability, of (001) < (111) < (110). Consequently, the favourability of H3AsO3 adsorption increased in the same order, favouring the least stable (110) surface. However, by analysis of the equilibrium crystal morphologies, this surface is unlikely to occur naturally. The surfaces were demonstrated to be further stabilised by the introduction of H2O/OH species, which coordinate the surface cations, providing a closer match to the bulk coordination of the surface species. The adsorption complexes of H3AsO3 on the hydroxylated Fe2CoO4 surfaces with the inclusion of explicit solvation molecules are found to be generally more stable than on the dry surfaces, demonstrating the importance of hydrogen-bonded interactions. Inner-sphere complexes involving bonds between the surface cations and molecular O atoms were strongly favoured over outer-sphere complexes. On the dry surfaces, deprotonated bidentate binuclear configurations were most thermodynamically favoured, whereas monodentate mononuclear configurations were typically more prevalent on the hydroxylated surfaces. Vibrational frequencies were analysed to ascertain the stabilities of the different adsorption complexes and to assign the As-O and O-H stretching modes of the adsorbed arsenic species. Our results highlight the importance of cobalt as a potential adsorbent for arsenic contaminated water treatment.

The endemic Pyrenean Desman (Galemys pyrenaicus) is an elusive, rare, and vulnerable species declining over its entire and narrow range (Spain, Portugal, France, and Andorra). The principal set of conservation measures in France is a 5-years National Action Plan based on 25 conservation actions. Priority is given to update its present distribution and develop tools for predictive distribution models. We aim at building the first species distribution model and map for the northern edge of the range of the Desman and confronting the outputs of the model to target conservation efforts in the context of environmental change. Contrasting to former comparable studies, we derive a simpler model emphasizing the importance of factors linked to precipitation and not to the temperature. If temperature is one of the climate change key factors, depicted shrinkage in Desman distribution could be lower or null at the northern (French) edge suggesting thus a major role for this northern population in terms of conservation of the species. Finally, we question the applied issue of temporal and spatial transferability for such environmental favourability models when it is made at the edge of the distribution range.

La réforme du droit des contrats de 2016 a partiellement éludé la problématique de l’articulation entre les normes de droit commun et celles de droit spécial. Un article semble reprendre en substance l’adage specialia generalibus derogant. Mais cette nouvelle disposition énonce très peu ; et le peu qu’elle énonce ouvre sur des problèmes nouveaux. Le choix des contrats de distribution comme axe principal des recherches a été opéré afin de souligner les rapports nouveaux que le droit qui les régit entretient avec le droit commun, celui-ci reprenant désormais en considération la problématique des contrats structurellement déséquilibrés qui était autrefois propre aux droits spéciaux. L’étude chronologique de l’évolution de ces rapports permet de souligner les problèmes que soulève l’absence d’une règle détaillée d’articulation. Les juges se dirigent actuellement vers une relégation au second plan du droit commun ; au risque d’une marginalisation et d’un déficit dans la protection de la partie faible (le droit commun pouvant être devenu plus protecteur que le droit spécial). Il est proposé de confier au législateur le soin d’insérer une nouvelle règle d’articulation organisant les conflits entre le droit commun des contrats et le droit spécial des contrats de distribution. Inspirée du principe de faveur, cette nouvelle règle d’articulation serait insérée dans un livre dédié aux contrats de distribution au sein du Code de commerce
The reform of contract law has sidestepped the issue of the relationship between general contract law norms and those of specialiazed contract law. One provision appears to reiterate the maxim specialia generalibus derogant. However, this new provision offers little guidance, and the limited direction it provides rise to some new challenges. The decision to focus research on distribution contracts was made to emphasize the evolving relationship between the legal framework governing these contracts and general contract law, which now considers the issue of structurally imbalanced contracts. An examination of the evolution of these relationships underscores the problems caused by the absence of detailed rule of articulation. Courts are currently leaning toward relegating general contact law to the background, risking its marginalizing and thereby reducing its effectiveness in protecting weaker parties (as general law, may, in certain cases, be more protective than specialized law). It is proposed that the legislature be entrusted with introducting a new articulation rule to organize the conflicts between general contract law and the specialized law of distribution contracts. Inspired by the principle of the favourability principle, this new rule would incorporated into a dedicated section on distribution contracts within the Commercial Code