Het Arbitragehof
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Discriminatie In Verzekering 7de Internationaal Colloquium Discrimination Et Assurance 7me Colloque International Droit Europen Des Assurances
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Author :
language : en
Publisher: Maklu
Release Date : 2007
Discriminatie In Verzekering 7de Internationaal Colloquium Discrimination Et Assurance 7me Colloque International Droit Europen Des Assurances written by and has been published by Maklu this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with categories.
Cases Van Internationaal Recht
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Author : Jan Wouters
language : en
Publisher: Intersentia nv
Release Date : 2005
Cases Van Internationaal Recht written by Jan Wouters and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with categories.
The Theory And Practice Of Legislation
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Author : Luc J. Wintgens
language : en
Publisher: Routledge
Release Date : 2017-03-02
The Theory And Practice Of Legislation written by Luc J. Wintgens and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-03-02 with Law categories.
This work provides a rational framework for legislation. The unifying premise behind the essays is that, although legislation and regulation are the result of a political process, legislation and regulation can be the object of theoretical study. The volume focuses on problems that are common to most European legal systems and the approach involves applying to legislative problems the tools of legal theory - hence 'legisprudence'. Whereas traditional legal theory deals predominantly with the application of law by the judge, legisprudence enlarges the field of study so as to include the creation of law by the legislator. The original essays published in this collection expose and develop a range of new insights into the relationship between legislative problems and legal theory in a way which will engage and interest legal scholars throughout the world.
Social Security Cases In Europe
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Author : Danny Pieters
language : en
Publisher: Intersentia nv
Release Date : 2006
Social Security Cases In Europe written by Danny Pieters and has been published by Intersentia nv this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Social security categories.
What social security rights are there for illegal workers? To what extent can health care services be refused by the beneficary, and to what extent can coverageof health care services be refused by social security bodies? This casebook is composed of two main parts. The first gives an overview of the ways related cases were decided by national courts in a number of European contries. In the second part the reader finds the crucial parts of the court decisions in about sixty cases. The decisions are published in their original language with a summary in English.
Comparing The Prospective Effect Of Judicial Rulings Across Jurisdictions
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Author : Eva Steiner
language : en
Publisher: Springer
Release Date : 2015-05-05
Comparing The Prospective Effect Of Judicial Rulings Across Jurisdictions written by Eva Steiner and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-05-05 with Law categories.
This work deals with the temporal effect of judicial decisions and more specifically, with the hardship caused by the retroactive operation of overruling decisions. By means of a jurisprudential and comparative analysis, the book explores several issues created by the overruling of earlier decisions. Overruling of earlier decisions, when it occurs, operates retrospectively with the effect that it infringes the principle of legal certainty through upsetting any previous arrangements made by a party to a case under long standing precedents established previously by the courts. On this account, in the recent past, a number of jurisdictions have had to deal with the prospect of introducing in their own systems the well-established US practice of prospective overruling whereby the court may announce in advance that it will change the relevant rule or interpretation of the rule but only for future cases. However, adopting prospective overruling raises a series of issues mainly related to the constitutional limits of the judicial function coupled by the practical difficulties attendant upon such a practice. This book answers a number of the questions raised by this practice. It makes use of the great reservoir of foreign legal experience that furnishes theoretical and practical ideas from which national judges may draw their knowledge and inspiration in order to be able to advise a rational method of dealing with time when they give their decisions.
Het Arbitragehof
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Author : Jan Velaers
language : nl
Publisher:
Release Date : 1985
Het Arbitragehof written by Jan Velaers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1985 with Administrative courts categories.
Beyond Federal Dogmatics
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Author : Stef Feyen
language : en
Publisher:
Release Date : 2013
Beyond Federal Dogmatics written by Stef Feyen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with Law categories.
Feyen rethinks the framework within which the connection between EU law and national constitutional law can be understood.
International Tax Planning And Prevention Of Abuse
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Author : Luc De Broe
language : en
Publisher: IBFD
Release Date : 2008
International Tax Planning And Prevention Of Abuse written by Luc De Broe and has been published by IBFD this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with Corporations categories.
This study considers how tax authorities attempt to strike down international tax avoidance structures, in particular those involving the use of conduit and base companies set up by third-country residents for purposes of "treaty shopping" and "EC-Directive shopping". The book focuses on the interaction between provisions and judicially developed doctrines of domestic tax law preventing international tax avoidance on the one hand, and norms of international law, in particular tax treaties and rules of Community law, on the other. It also considers treaty-based anti-avoidance measures such as the "beneficial ownership" requirement and "limitation on benefits" provisions. This part of the study compares and analyses the case law of Australia, Austria, Belgium, Canada, the Czech Republic, Finland, France, Germany, India, the Netherlands, Switzerland, the United Kingdom, and the United States.
The Protection Of Working Relationships
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Author : Frans Pennings
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2011-01-01
The Protection Of Working Relationships written by Frans Pennings and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-01-01 with Business & Economics categories.
In recent years it has become clear that many businesses, motivated by avoiding the rigidity and the price tag associated with labour law and social security, have succeeded in eroding the protection of labour law by creating numerous categories of workers classified as non-employees. In 1996 the International Labour Organisation (ILO) adopted Recommendation 198, which asks its Members to undertake action to reduce 'disguised' employment relationships, with the goal of ensuring that those actually working in an employment relationship are actually given the corresponding legal status. Though these are - from a legal approach - two conceptually different phenomena, they are closely related from a social policy point of view. In order to make a substantial contribution to the discussion on these developments a group of noted European labour law scholars has undertaken the research assembled in this book, recommending labour law reforms based on a close examination of existing conditions. The eight authors analyse measures and legal instruments offered by the European Union and the ILO to cover persons performing personal work, as well as specific developments in Belgium, France, The Netherlands, Poland, Germany, and the United Kingdom. In each case they describe viable ways in which categories of persons not treated as employees can be brought under the protection of labour law and how the distinction between employees and self-employed can become more clear. In a concluding final Chapter comparative conclusions are drawn on the basis of this study and recommendations are given to the EU, the ILO and the individual Member States. Among the specific issues covered are the following: * redefining the subordination criterion; * the role of the courts; * determination of the contract of employment; * forms of labour involving more than two contracting parties (e.g., employment agency arrangements); * the legal position of temporary workers; * 'employee-like' persons, e.g., home-workers or commercial representatives; * the 'bogus' self-employed; * introduction and effect of legal presumptions in labour law and/or social security; * developing uniform criteria for the employment relationship; * criteria for identifying self-employed but economically-dependent workers; * extension of protection of labour law to persons other than employees or the self-employed; and * social rights applicable to all work contracts irrespective of their formal qualification; * floor of core rights. This study seriously contributes toward overcoming the reluctant and piecemeal measures commonly taken to extend the protection of the employment contract. Although the authors acknowledge the continuing tension between labour law protection and the need for a flexible workforce, they also recognize the positive effects of best practices that lead to more certainty, fewer disputes, and clear (but still flexible if necessary) agreements. The book will be warmly welcomed as a signal contribution to addressing what one labour law scholar has called 'the most important industrial relations issue of our time.'
The Enforceability Of The Human Right To Adequate Food
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Author : Bart Wernaart
language : en
Publisher: BRILL
Release Date : 2023-09-04
The Enforceability Of The Human Right To Adequate Food written by Bart Wernaart and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-09-04 with Law categories.
While the right to adequate food is often discussed in the context of developing countries, especially in situations where access to adequate food is a problem on a larger scale, this book focusses on the right to food in two Western countries in which theoretically the circumstances allow this right to be enjoyed by each individual. Through a legal comparative study, the enforceability of the right to food is compared between the Netherlands and Belgium in light of the current UN Human Rights system. There seems to be a difference between what the countries do, what they say they do, and what they should do on the matter. As it appears, the coincidental constitutional circumstances mainly determine the enforceability of the right to food, rather than the content of the human right in itself. This book includes a thorough analysis of suitable comparative legal methodology and the embedment of the right to food in the UN human right system. Furthermore, for both countries, an in-depth analysis of the case law on the right to food (mostly concerning the status of foreigners), the constitutional context in which the Judiciary operates, and the relevant UN reports and subsequent procedures are outlined. Finally, recommendations are made to both countries and the relevant UN Committees.