Rebecca Zahn

La prospettiva dell'Unione europea : dare preminenza al mercato interno o rivedere la dottrina Laval?

La Corte del lavoro svedese ha deciso il caso Laval con sentenza del 2 dicembre 2009. Essa ha applicato ai privati i principi del diritto dell’Unione relativi alla responsabilita dello Stato al fine di condannare al risarcimento dei danni un’organizzazione sindacale per aver intrapreso un’azione collettiva illegittima. L’ampia interpretazione del diritto europeo data dai giudici svedesi e problematica sotto diversi punti di vista. Il rinnovato quadro costituzionale europeo, a seguito dell’entrata in vigore del Trattato di Lisbona, pone in una nuova prospettiva non solo la decisione della Corte svedese, ma anche la stessa sentenza Laval della Corte di giustizia. Alla luce di cio, gli autori si chiedono se la Corte svedese abbia adottato un’interpretazione corretta con riferimento alla questione della responsabilita in caso di violazione del diritto dell’Unione, e discutono alcune delle piu vaste questioni sollevate dalla sentenza.

The Elective and Automatic Theories of Termination in the Common Law of the Contract of Employment

If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the formers breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Societe Generale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved.

The elective and automatic theories of termination in the common law of the contract of employment : conundrum resolved?

If a party to an employment contract commits a repudiatory dismissal or resignation, it has long been unclear whether the other party has the option either to terminate or affirm the contract (the elective theory) or whether the formers breach operates to bring the contract of employment to an end (the automatic theory). The recent decision of the Supreme Court in Societe Generale (London Branch) v Geys has finally resolved this question. By a majority, the Supreme Court held that the elective theory also applies in the context of a wrongful repudiation of the employment contract by express dismissal or resignation. This note examines the significance of Geys in the context of the common law of the contract of employment and evaluates whether a number of related issues surrounding the breach and termination of the employment contract have been resolved.

Scaling the mobility of health workers in an enlarged Europe: An open political-economy perspective

The enlargement of the European Union in 2004 and 2007 and the marketisation of health care are increasing the mobility of workers and driving a scalar transformation of the sector across Europe. Drawing on questionnaires and interviews in 17 European Union countries, and focusing on two case study New Member States, we analyse inter- and intra-country drivers and impacts of health care labour mobility. The data are analysed from an open political-economy perspective underpinned by an understanding of scale as a socially constructed material entity mediated by national and supranational state institutions, and the collective agency of workers. We emphasise the contradictory and contested nature of rescaling health care and the complex micro-dynamics of mobility. Although absolute outward migration across borders is relatively small, the movement of health care specialists is having a disproportionate effect on sender countries and regions within them.

The ‘European Social Model’ and the UK: From Europeanization to Anglicization

Since the early 1970s, there have been attempts – largely under the banner of a so-called European Social Model (ESM) – to introduce a social dimension to European Union (EU) integration. Over time, and despite frequent UK opposition, these attempts have resulted in the creation of a patchwork of European labour laws. However, this has not altered the status quo which prioritizes economic over social integration. This article analyses the way in which the ESM has attempted to ‘europeanize’ national labour law systems between 1973 and 2016, with due regard to the UK. The article concludes that it is difficult to speak of a clearly defined ESM which develops a social dimension to European integration that has had a significant positive influence on the UK. This became evident in the run-up to and outcome of the ‘Brexit’ referendum when rhetoric on the EU’s contribution to workers’ rights in the UK appeared insufficient to encourage a majority to support ‘Remain’

Trade unions and the challenges of EU enlargement: the kind of laws the unions ought to want

The recent EU enlargements in 2004 and 2007 have thrown up changed regulatory and opportunity structures for European trade unions, primarily as a consequence of an increase in the free movement of workers, services and establishment. In addition, the European enlargements came at a time when Member State governments were attempting to ‘modernise’ their labour and social security systems in order to combat the effects of an enlarged Europe within a globalised world economy. As a result, trade unions find themselves in a vulnerable position within their domestic legal systems and are required to reassess the type of functions that they can adopt at a national and European level in order to effectively respond to European enlargement. Against this background, this article considers the kind of laws the unions ought to want in order to effectively respond to the challenges facing them following the enlargements.