Over the course of fifteen years, the Court of Justice of the European Union (CJEU) has developed a considerable body of jurisprudence on age discrimination. Approximately thirty cases is indeed... Show moreOver the course of fifteen years, the Court of Justice of the European Union (CJEU) has developed a considerable body of jurisprudence on age discrimination. Approximately thirty cases is indeed notable, especially when compared with other discrimination grounds enlisted in Article 1 FED. The vast majority of these cases deal with measures affecting older workers, particularly regarding the retirement age or pension schemes. A significantly smaller number of cases – only five – concern measures affecting younger workers. Research analysing these cases indicate that the CJEU has been rather lenient in accepting measures regarding older workers and more strict in accepting measures targeting younger workers.However, this approach potentially puts EU Youth Policy under pressure. Moreover, it raises the question of whether the Framework Equality Directive is not in fact hampering measures to improve the situation of young people. In other words, it should be determined whether the FED is a curse or a blessing for EU Youth Policy. Show less
It seems that the time of the employment contract as the standard legal device of employment is over and that a variety of employment relationships have emerged. Many forms raise questions and... Show moreIt seems that the time of the employment contract as the standard legal device of employment is over and that a variety of employment relationships have emerged. Many forms raise questions and uncertainties about social protection. One of these forms are false or quasi self-employed workers. In the case of FNV KIEM the European Court of Justice (ECJ) ruled on this. In this contribution we assess to what extent the ruling of the ECJ has contributed to clarifying some of the qualification issues involved with these type of workers. Thereto, we describe how the case was raised in the Netherlands; we elaborate on the arguments raised in the subsequent national court decisions and the ECJ; we reflect on the notion of (false) self-employed from the perspective of the notion of undertaking/entrepreneur and that of employee in order to determine what the ECJ considers to be decisive requirements for each category; and we reflect on the meaning of the ruling of the ECJ in the FNV KIEM case for the Netherlands. Show less
García-Muñoz Alhambra, M.A.; Haar, B.P. ter; Kun, A. 2014
SUMMARY: 1. Introduction. – 2. Public Monitoring vs Private Monitoring. – 3. Initiatives for Monitoring Systems by International Organizations. – 3.1. Initiatives by Public Organizations. – 3.1.1.... Show moreSUMMARY: 1. Introduction. – 2. Public Monitoring vs Private Monitoring. – 3. Initiatives for Monitoring Systems by International Organizations. – 3.1. Initiatives by Public Organizations. – 3.1.1. ILO: Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy. – 3.1.2. OECD: Guidelines for Multinational Enterprises. – 3.1.3. UN: Global Compact and The Ruggie Framework. – 3.2. ILO Convention 81 Labour Inspection. – 4. Monitoring Systems as Found in Private Initiatives Applied in Practice. – 4.1. CSR Codes of Conduct. – 4.2. International Framework Agreements. – 4.3 Monitoring Initiatives by NGOs. – 4.4. Concluding Remarks on Transnational Private Monitoring Systems. – 5. Discussion of Previous Proposals by Other Scholars. – 6. Transnational Labour Inspection: Our Proposal and Idea. – 7. Conclusions. – 8. References. Show less
