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Dreptul maritim al Uniunii Europene

Author(s): Author Not Specified / Language(s): Romanian Issue: 02/2013

1. EU Council Decision 2007/431/EC of 7 June 2007 authorizing the ratification by Member States, in the interest of the European Community, of the Convention of 2006 ILO on Maritime Labour 2. EU Council Directive 2009/13/EC implementing the Agreement between the EU Shipowners’ Association (ECSA) and the European Transport Workers' Federation (ETF) regarding the Convention of 2006 of ILO on Maritime Labour and amending the Directive 199/63/EC 3. Proposal for a Directive of the EP and the Council on flag State responsibilities regarding enforcement of the agreement concluded between ECSA and ETF regarding the Convention of 2006 on Maritime Labour and amending the Directive 1999/63/EC [COM/2012/0134 final - 2012/0065 (COD)] 4. Maritime policy: a new strategy for the economic growth and the labour force employment in the area of the Atlantic Ocean 5. Maritime insurance. European agency for maritime insurance - EMSA

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THE EUROPEAN PILLAR OF SOCIAL RIGHTS

Author(s): Ligia Valentina Mirișan / Language(s): English Issue: 1/2021

The European Pillar of Social Rights is a high-profile political reaffirmation of twenty social rights and principles. Its implementation deploys the full EU governance arsenal: regulations, directives, recommendations, communications, new institutions, funding actions, and countryspecific recommendations. As such, the static imagery evoked by a ‘pillar’ does not capture the true nature of the initiative, which is dynamic and fluid, wide-ranging, and permeating. An equation of the Pillar with the set of twenty rights and principles it proclaims similarly fails to capture its true significance, which lies in its programmatic nature. Several important measures have already been proposed as part of this new social action plan for Europe, some of which are close to adoption. This Article analyses the meaning of the Pillar and its potential significance, by considering its contentsensu largo, and its broader context. It argues that even if the Pillar cannot address all the EU's social failings, it has put a surprising social spin on the Better Regulation Agenda that was threatening to erode the social acquis, it has rekindled the EU's relationship with the International Labour Organization and Council of Europe, and it helps rebalance the EU's output by reviving the use of the Treaty's Social Title

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THE COVID-19 PANDEMIC AND ITS EFFECTS ON THE CONCEPTS OF QUARANTINE AND TEMPORARY INCAPACITY FOR WORK, SOCIAL SECURITY RISKS INSURED WITHIN THE INSURANCE SYSTEM FOR HEALTH INSURANCE LEAVES AND ALLOWANCES

Author(s): Carmen Constantina Nenu,Honțaru Octavia-Sorina / Language(s): English Issue: 1/2022

The national regulatory dynamics generated by the need of an answer to the changes of social life created by the sanitary emergency situation, also influenced the provisions of the Government Emergency Ordinance no. 158/2005, as approved with amendments and additions by Law no. 399/2006, with further amendments and additions. These regulatory provisions were correlated to the ones of Law no. 136/2000 on the establishment of some measures in the field of public health in situation of epidemiological and biological risk, as republished, with further amendments and additions, with regard to providing an easier access to the medical leave certificates in cases where the isolation of insured persons is imposed. Another purpose of the amendments was to make responsible the persons travelling for personal interest in areas where there is an epidemic, epidemiologic or biological risk with another high pathogen agent, and who, upon their return to the Romanian territory, entered in medical quarantine leave in order not to become such risk factors for the persons coming into contact with them.

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GARANCIJE I POVREDE PRAVA NA SUĐENJE U RAZUMNOM ROKU U SPOROVIMA ZA ZAŠTITU PRAVA IZ RADNOG ODNOSA

Author(s): Ivana Grubešić,Denis Martini / Language(s): Bosnian Issue: 29/2021

The paper begins by articulating the significance of the right to a trial within reasonable time which constitutes a fundamental right guaranteed by international conventions, constitutions and the laws. The protection of this right is among the core values of Bosnia and Herzegovina's constitutional order and it is therefore of critical importance to the citizens of Bosnia and Herzegovina and the state itself. The main part of the paper comprises the analysis of the right to trial within reasonable time in labor disputes, which includes an overview of the safeguards and infringements of this right. Special attention is given to the case law established by the Constitutional court of Bosnia and Herzegovina and the European Court of Human Rights. The aim of the paper is to clearly define this right within the framework of national and international law, which is a prerequisite to efficient protection thereof.

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Prawne aspekty walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim

Author(s): Piotr Burczaniuk / Language(s): Polish Issue: 1 (1)/2022

W artykule podjęto temat prawnych aspektów walki z terroryzmem w krajowym porządku prawnym na tle wyzwań kształtowanych prawodawstwem europejskim. Analizowane zagadnienie jest ciekawe z uwagi na brak szerszych i aktualnych analiz prowadzonych w obszarze nauk prawnych, poświęconych przedstawieniu i eksplikacji prawodawstwa obejmującego przedmiotowo problematykę walki z terroryzmem. Niniejsze opracowanie jest próbą wypełnienia tej luki badawczej.W celu kompleksowego przybliżenia tematu i realizacji celów postawionych w artykule rozważania poprowadzono w sześciu zasadniczych częściach. We wstępie zakreślono tezę pracy oraz jej cele, następnie kolejno: dokonano analizy kształtowania regulacji prawnych prawa krajowego nakierowanych na przeciwdziałanie terroryzmowi; omówiono znaczenie ustawy o działaniach terrorystycznych w normatywnym systemie zwalczania terroryzmu w Polsce, z uwzględnieniem perspektywy i doświadczeń pięciolecia jej obowiązywania; zaprezentowano aktualny stan prawny Unii Europejskiej w obszarze terroryzmu; opisano perspektywy i wyzwania regulacyjne prawa polskiego na tle działań legislacyjnych organów UE; dokonano podsumowania prowadzonych rozważań, zakreślając perspektywy i wyzwania regulacyjne stojące przed prawodawcą krajowym na tle kierunków projektowanych rozwiązań legislacyjnych w Unii Europejskiej. [The article deals with the legal aspects of the fight against terrorism in the national legal system in the context of the challenges shaped by European legislation. The analysed issue is interesting due to the lack of broader and current analyses conducted in the field of legal sciences, devoted to the presentation and explication of legislation covering the subject matter of the fight against terrorism. This study is an attempt to fill this research gap.In order to provide a comprehensive overview of the topic and to achieve the objectives set out in the article, the study is divided into six main parts. In the introduction, the thesis and its objectives are outlined, then sequentially: an analysis of the formation of legal regulations of domestic law aimed at counter-terrorism is made; the importance of the Act on anti-terrorist activities in the normative system of counter-terrorism in Poland is discussed, taking into account the perspective and experience of five years of its implementation; the current legal status of the European Union in the area of terrorism is presented; the perspectives and regulatory challenges of Polish law in the background of legislative activities of EU bodies are described; the considerations carried out are summarized, outlining the perspectives and regulatory challenges facing the domestic legislator in the background of the directions of the projected legislative solutions in the European Union.]

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Flexibilní režim čerpání rodičovského příspěvku a slad'ování rodičovství s placenou prací

Author(s): Olga Nešporová / Language(s): Czech Issue: 6/2015

The article focuses on transformations with regard to the parental allowance and parental leave between 2007 and 2014 as well as on the results of the reform of parental benefits with regard to the reconciliation of parental and professional responsibilities. It employs the latest quantitative data from the Ministry of Labour and Social Affairs database on parental benefits and Czech data from two waves of TransPARENT international qualitative research from the years 2011 to 2014. The research was based on interviews with 16 parent couples who were expecting the birth of their first child and with the same couples when the child reached the age of one-and-a-half years. The article presents the views and real-life experiences of parents with concern to the reconciliation of their parental roles and paid employment. The possibility of reducing the period over which parental allowance is received whilst maintaining the total volume of the benefit was found to encourage women to return more quickly to the labour market. At the conception level, it was found that parents do not perceive caring for very young children as presenting an obstacle to work for the female partner; however, limits were perceived in terms of the ways in which to provide for the care of children when the woman is at work.

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Laskavý průvodce po sociálních dávkách

Author(s): Rudolf Červený / Language(s): Czech Issue: 2/2020

Review of the book: Libuše Čeledová - Rostislav Čevela: Laskavý průvodce po sociálních dávkách /„A Friendly Guide to Social Benefits“. Praha: Karolinum, 2019, 253 stran, ISBN 978-80-246-4410-3. This previewed book aims to assist and provide advice for patients, doctors, students and social services workers on how to proceed with the submission of applications to public administration authorities with regard to the assessment issue. The publication provides comprehensive information on the health and pension insurance systems, various social benefits and state-provided social support and assistance. The guide also describes the structures of the Ministry of Labour and Social Affairs and the Czech Social Security Administration from their establishment up to the present day.

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Paradigmele axiologice ale Dreptului muncii

Author(s): Claudia-Ana Moarcăş / Language(s): Romanian Issue: 03-04/2020

This paper aims at a brief analysis of the labour relationship in the 21st century while relying on the consecrated paradigms of the labour law. It focuses on the transformations of work (smart work) and their impact on the legal labour relationship and the worker’s/employee’s status as it attempts to emphasize the autonomy of the labour law as a specific branch of law and its mixed character even as it faces new paradigms mainly emerging from the intermediary workers’ category performing their jobs in atypical forms, including, inter alia, by resorting to new technologies.

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Důchodová reforma: Návod, jak smířit ekvivalenci s fiskální diciplínou

Author(s): Martin Potůček,Veronika Rudolfova / Language(s): Czech Issue: 5/2016

One of important changes in the Czech Republic pension system was induced by a petition submitted to the Constitutional Court, which contested the setting of bend points for determining the amount of pensions depending on the previous earnings of the insured in that it discriminates against higher income categories. The Constitutional Court agreed with the complainant. The result was an approval and implementation of the amendment to the Act No. 155/1995 Coll., on Pension Insurance, that for the purposes of calculating the level of old-age pensions favoured the highest income decile at the expense of most other insureds, namely those with middle incomes. Lawmakers thus simultaneously applied the political criterion of fiscal discipline in ensuring the financial sustainability of the pension system. Within analysis of this case, we apply, as an explanatory framework, the theory of actor-centered institutionalism and the theory of the policy cycle. In contrast with analyses based on economic or legal aspects of this part of the Czech pension reform, we pay attention mainly to the policy process itself.

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Český důchodový (ne)systém vyžaduje zásadní reformu

Author(s): Jaroslav Vostatek / Language(s): Czech Issue: 1/2020

The complicated and incomprehensible Czech pension system appears to provide ideal material for the marketing pension policy and for lobbying. Thus, we have a public „pension insurance“ which is an insurance at a rate of around 30% and we have a further allegedly „third“ pension pillar, „supplementary pension savings“ which is, due to high rate of state support (or rather lobbying and, possibly, corruption), in fact a „second“ pension pillar which the superfluous pension companies would like to refine via e.g. the introduction of mandatory employer contributions in line with, for example, the latest Polish model. Will Czechia be successful in reversing these trends? Hopes remain alive in connection with the aim of the Commission for Fair Pensions to split „pension insurance“ into a flat rate pension and a true social pension insurance. In the interests of the implementation of such a reform, at least partly, before the next general election, the paper focuses on the scheduling of this reform by means of the introduction of small and large pension reforms. We also devote attention to the related reform of the social security contributions and personal income taxation and the reform of the supplementary pension savings and building (Bauspar) savings schemes. The reform of the significantly deformed Czech pension system involves considerable responses in the state budget revenues. Our target is to develop an efficient pension system structure within a broader social policy framework.

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Bude na důchodovou reformu dost sil a konsensu?

Author(s): Jaroslav Šulc / Language(s): Czech Issue: 1/2020

The article responds to a reviewed article by Jaroslav Vostatek in this issue of Social Policy Forum devoted to the pension system, proposals for pension reform and related areas. The author presents a number of arguments that support the reform proposals suggested by Jaroslav Vostatek and stresses the need for careful structuring, interdependence and the harmonisation of individual reform phases. At the same time, however, the author considers complexity to present a key threat to the reform process, not only because of its complex nature and the difficulty of finding the necessary consensus, but also because of the anticipated resistance of the various lobbying parties that have benefitted over the long-term from the present chaotic (non)system.

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Sociální determinanty prekarizace práce v evropských zemích

Author(s): Tomáš Katrňák,Tomáš Doseděl / Language(s): Czech Issue: 4/2017

The article deals with the problem of precarious work in the European Union countries. According to International Labor Organization definition, the work is precarious when the employee doesn't have appropriate job security. This includes for example temporary, part-time and short-term jobs. The utilized data come from the European Union Labor Force Survey (years 2000−2015) and support the hypothesis that the percentage of precarious work across European Union countries has risen from about 20% up to approximately 24% in the above mentioned period. In the times of financial crisis, the percentage of precarious work surprisingly fell, probably because the parttime employees are the easily expendable and thus easily displaceable - this supports the definitional premise that the precarious work doesn't give the employee sufficient job security. The second part of the analysis deals with the social determinants of precarious work. The authors analyze data from the European Union Labor Force Survey using logistic regression and find out that the most precarised groups of employees are women and people with lower education. This supports the technological change theory which proposes that even in the times of educational expansion is the labor market able to absorb rising number of university educated employees because new occupational positions have higher qualification requirements. Even the narrowing of the educational gender gap hasn't equalized the occupational gender gap yep. For women, the risk of precarization rises with their marriage and maternity, which supports the hypothesis concerning the persistent gender discrimination by employers. The average percentage of precarised jobs is slightly lower in the new European Union countries.

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Poskytování sociálních služeb v kontextu novely zákona o úpadku a způsobech jeho řešení (insolvenční zákon)

Author(s): Not Specified Author / Language(s): Czech Issue: 2/2019

Cílem této informace je upřesnění role poskytovatelů sociálních služeb odborného sociálního poradentství při podávání návrhů na povolení oddlužení a poskytování dluhového poradenství. Materiál byl zpracován Ministerstvem práce a sociálních věcí ve spolupráci se zástupci Ministerstva spravedlnosti.

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Zvýšení minimální mzdy od 1. ledna 2019

Author(s): Olga Bičáková / Language(s): Czech Issue: 1/2019

The minimum wage is the lowest amount of remuneration that employers are allowed to provide for work performed by their employees. It concerns all types of employment relationships - regular employment contracts and legal relationships based on agreements for work performed outside an employment relationship. The basic legal regulation of the minimum wage and lowest guaranteed wage levels are set out in Sections 111 and 112 of Act No. 262/2006 Coll., the Labour Code, as amended. The amount of the basic minimum wage, the conditions for the provision thereof and the amount of guaranteed wage rates are set by means of Government Decree No. 567/2006 Coll. New legislation, with effect from 1 January 2019, increased the basic rate of the minimum wage for a fixed weekly working time of 40 hours from the previous CZK 12,200 to CZK 13,350, i.e. by CZK 1,150 - a year-on-year increase of 9,4 %.

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Motivační funkce minimální mzdy: případová studie České republiky

Author(s): Jaroslav Schulz / Language(s): Czech Issue: 6/2018

Article deals with the motivation function of minimum wage under current legislation setting in the Czech Republic in relation to income taxation as well as social benefits. Emphasis is put on housing benefits which belong to significant component of current social system. This corresponds to importance of housing cost for households. The main aim is to consider whether current minimum wage provides sufficient incentives for standardized household to work in an employment relationship. Study is focused on low-income households earning just the minimum wage. As a measure serves disposable household income calculated in relation to their occupational status. Calculations unambiguously point to fact that generally minimum wage in current setting does not provide motivation incentive for households to work. Relative largest incentives have households with children due to generous child EITC.

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EL DERECHO DIGITAL. ANALISIS DE LA ENSEÑANZA DISRUPTIVA EN LA CARRERA DE DERECHO

Author(s): Sánchez Alcides Antúnez,Matos Hidalgo Leaned,González Cabrales Yamilé / Language(s): Spanish Issue: 2/2023

The article aims to analyse how the training process has been developed through disruptive teaching in the Law degree, with the use of computer technologies as mediators in the teaching-learning process in the period 2020-2021 in the during the COVID-19 pandemic, which had an impact on the promotion of the use of digital platforms and tools at the University of Granma within the Ministry of Higher Education, for the development of digital skills in teachers and students. The 21st century, the Knowledge Society is characterized by the appearance of digitization, leaving analog technologies behind and is based on the use of Information and Communication Technologies, telecommunications and the Internet on the web 2.0 platform. This paradigm shift has given way to the generation of an increasing volume of information; opening up a wide spectrum of new methods and techniques for the management of information and processes in dissimilar sectors, of which the university is no stranger in its training processes. Access to information changes, therefore, teaching methods must adjust to the new digital environment in which teachers and students operate in the 21st century, where the teacher is no longer the center of the class.

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Consideraţii privind introducerea unui salariu minim european adecvat

Author(s): Claudia-Ana Moarcăş,Matei Midan / Language(s): Romanian Issue: 03/2021

This paper aims to present the impact of the minimum wage on adjusting and determining the methods used in remunerating workers, regardless of the adopted mechanism: through normative acts adopted by the competent authorities or through collective bargaining between the social partners. Through a historical, teleological, logical and comparative analysis and the approach of the subject, the thesis aims to highlight: (i) the topicality and importance of the minimum wage, proven by the current debates at the EU level on the establishment of a an adequate minimum wage in the Member States; (ii) the variety of its transparent mechanisms of establishment; (iii) the dynamic evolution of its establishment (from a simple temporary measure of national economy improvement to a fundamental instrument of social protection, necessary to insure a decent standard of living for the active population); (iv) the result of the research, under the form of lege ferenda proposals.

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PUBLIC ADMINISTRATION IN A EUROPEAN CONTEXT. CASE STUDY: POSSIBILITIES TO COMPLETE THE TRIAL PERIOD – PRACTICE AT NATIONAL LEVEL VERSUS PRACTICE OF THE EUROPEAN UNION CIVIL SERVICE TRIBUNAL

Author(s): Camelia Daciana Stoian,Eugenia Iovănaş / Language(s): English Issue: 3/2022

As social policy is outlined and its objectives stated in the provisions of Article 151 of the Treaty on the Functioning of the European Union, both the Union and the member states must be responsible for respecting "fundamental social rights such as those stated in the European Social Charter signed in Turin on 18 October 1961 and in the Community Charter of Fundamental Social Rights of Workers adopted in 1989". In the light of these goals, we are concerned with an analysis aimed at a legal and fair promotion and harmonization of the procedure for filling positions at the public administration level, with an emphasis on the protection of social rights and the harmonization of good practices developed, in conditions of honest social protection and combating exclusion and discrimination of any kind. It is therefore necessary, at a theoretical level, to take it for granted that the Union and all its member states implement practices aimed at favoring the harmonization of social systems. Concretely, however, we find that the applied procedures neglect the approximation of the issued administrative documents and any kind of common methodology, as long as a report is not regulated or applied at the national level that reproduces the conclusions of the verification of the professional skills of the employee at the end of the trial period. We propose in this article a substantiated analysis of the methods of termination of trial periods, so that the termination of employment contracts concluded during the trial period exclusively through a written notification, without notice and without any motivation, is no longer the concern of the courts, because the court cannot verify the existence or not of the professional aptitude in the absence of the presentation of some arguments by the employer that aim to fulfill or not within reasonable terms the assigned duties, certain difficulties in the service relationship or the degree of accommodation with the administrative and hierarchical system.

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Dreptul securității sociale. Protecția salariaților în cazul transferului întreprinderii, al unității sau al unor părți ale acestora. Dreptul Uniunii Europene și legislația națională

Author(s): George Doru Lucaciu / Language(s): Romanian Issue: 04/2021

The evolution of modern society, the economic changes, and the acceleration of the formation of new companies have required, among other things, the adoption of rules to protect employees in the event of transfer of companies. In its case-law, the European Court of Justice has clarified the objectives related to whom the Member States must respond in order to give adequate protection to workers’ rights. The transfer may not affect the principle of legal certainty, social employment relations or the workers’ rights provided for in the applicable individual employment contract and collective bargaining agreement. The transfer itself cannot constitute a reason for individual or collective dismissal, as shown in several European and national court rulings.

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