European Journal of Law and Political Science最新文献

European Union Posting of Workers Law and Equal Treatment in Internal Labour Market for Social Cohesion 欧盟《派驻工人法》和内部劳动力市场平等待遇促进社会凝聚力

European Journal of Law and Political Science Pub Date : 2024-07-12 DOI: 10.24018/ejpolitics.2024.3.4.147

Richard Mababu Mukiur

{"title":"European Union Posting of Workers Law and Equal Treatment in Internal Labour Market for Social Cohesion","authors":"Richard Mababu Mukiur","doi":"10.24018/ejpolitics.2024.3.4.147","DOIUrl":"https://doi.org/10.24018/ejpolitics.2024.3.4.147","url":null,"abstract":"The main objective of this article was to examine the European Union Posting of Workers Directive as an instrument for the internal labour market to achieve social cohesion. A posted worker is an employee that the employer has sent to a territory of a Member State (other than the State where he/she normally works) to perform his/her tasks during a given period. The latest revision (PWD 2018/957) has allowed the introduction of amendments to the posting of workers legislation, which improved the previous law and reinforced the legal protection of posted workers. Its objective is to reinforce the posting of workers’ policy to eradicate some prejudicious practices detected in applying the previous Directive, such as inequitable work conditions and unfair competition, which are obstacles to social cohesion. This paper analyses the Directive as a key instrument for social cohesion in light of the modifications introduced to improve the Directive (PWD 2018/957). Proposals for improvement of the Directive for social cohesion are formulated in terms of cooperation, availability of information, and inspectorate, which still require more attention and reformulation for better labour mobility of posting of workers in the European Union. Some key practical implications are discussed.","PeriodicalId":474200,"journal":{"name":"European Journal of Law and Political Science","volume":"58 13","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141654712","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Sound Allyship? Straight Politicians and LGBQ Representation in Canada 健全的盟友关系？加拿大的异性恋政治家和 LGBQ 代表性

European Journal of Law and Political Science Pub Date : 2024-07-02 DOI: 10.24018/ejpolitics.2024.3.4.140

Manon Tremblay

引用次数: 0

Restoration of Children’s Rights after Imprisonment in the Perspective of State Responsibility 从国家责任角度看入狱后恢复儿童权利问题

European Journal of Law and Political Science Pub Date : 2024-07-02 DOI: 10.24018/ejpolitics.2024.3.4.146

Abdul Wahid, Jubair Jubair, Hamdan Rampadio, Kartini Malarangan

{"title":"Restoration of Children’s Rights after Imprisonment in the Perspective of State Responsibility","authors":"Abdul Wahid, Jubair Jubair, Hamdan Rampadio, Kartini Malarangan","doi":"10.24018/ejpolitics.2024.3.4.146","DOIUrl":"https://doi.org/10.24018/ejpolitics.2024.3.4.146","url":null,"abstract":"Sensitivity to a sense of justice and concern for the next generation of a nation should also be measured by their attention to efforts to protect the rights of troubled children, especially the rights of post-prison children. This research aims to examine the weaknesses of the regulation of children’s rights after imprisonment and to examine the state’s responsibility in restoring the rights of children after imprisonment. This research uses normative legal research methods with statutory and conceptual approaches. The results of the study show that, basically, the rights of children who are post-convicted, as previously mentioned, are regulated in the Child Protection System Law and generally regulated in the Child Protection Law. In an effort to fulfill human rights by the Indonesian State, it must be carried out thoroughly, including in terms of fulfilling children’s rights as part of human rights in general, and the fulfillment of children’s rights itself must be carried out for all children who live, grow and develop under the umbrella of Indonesian law, including children after being convicted. The regulation of children’s rights as stipulated in the Child Protection System Law and the Child Protection Law is not enough, so in addition to the need to explicitly emphasize the rights of children after being released from prison, it is also necessary to regulate the mechanism for restoring their rights after being released from prison.","PeriodicalId":474200,"journal":{"name":"European Journal of Law and Political Science","volume":"71 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141688274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Consistency of Criminal Sanctions Regulations in Protecting Women Victims of Non-consensual Pornography Content Dissemination 刑事制裁条例在保护未经同意传播色情内容的女性受害者方面的一致性

European Journal of Law and Political Science Pub Date : 2024-03-22 DOI: 10.24018/ejpolitics.2024.3.2.122

Rahel Octora, Demson Tiopan, Farrel Christyanto Wijaya

{"title":"Consistency of Criminal Sanctions Regulations in Protecting Women Victims of Non-consensual Pornography Content Dissemination","authors":"Rahel Octora, Demson Tiopan, Farrel Christyanto Wijaya","doi":"10.24018/ejpolitics.2024.3.2.122","DOIUrl":"https://doi.org/10.24018/ejpolitics.2024.3.2.122","url":null,"abstract":"The law is enacted to protect the rights. Along with technological developments, the scope of legal protection certainly needs to be expanded. Resolution of the Human Rights Council dated July 1, 2016, Number 32/13, concerning the Promotion, Protection, and Enjoyment of Human Rights on the internet, that individual rights must be protected offline and online. At present, there are many cases of electronic-based sexual violence, also known as Online Gender-Based Violence. One of the many forms of action that occurs is the spread of pornographic content without the consent of the person who is the object of the recording or shooting (Non-Consensual Distribution of Intimate Images/NCDII). In Indonesia, Law Number 12 of 2022 concerning Crimes of Sexual Violence has been enacted, but when the NCDII case occurred, women who were victims were not protected legally. Often, women are considered as parties involved in the manufacture of immoral goods, so they are subject to criminal sanctions. This paper is a result of normative juridical research, specifically analytical descriptive research. This research uses statute and conceptual approaches, using legal materials such as regulations and legal theories. This research concludes that there is no common understanding between the public and law enforcers that in cases where pornographic content is spread without consent, women are in the position of victims. Protection for victims is still difficult to obtain because the regulations that are currently in force do not specifically state that disclosing content without the consent of the depicted person is a crime.","PeriodicalId":474200,"journal":{"name":"European Journal of Law and Political Science","volume":" 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140212132","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Legal Risk of State-Owned Enterprises’ Debt 国有企业债务的法律风险

European Journal of Law and Political Science Pub Date : 2024-01-20 DOI: 10.24018/ejpolitics.2024.3.1.120

Hidayatulloh, Éva Erdős

引用次数: 0

Belt and Road Initiatives (BRIs): Understanding China’s Intentions Behind It “一带一路”倡议:理解中国背后的意图

European Journal of Law and Political Science Pub Date : 2023-11-08 DOI: 10.24018/ejpolitics.2023.2.6.100

Sumaiya Rabeya

引用次数: 0

State’s Obligation to Ratify ILO Conventions C155, C161 and C187: A Review of Bangladesh’s RMG Sector 国家批准劳工组织第C155、C161和C187号公约的义务:审查孟加拉国的RMG部门

European Journal of Law and Political Science Pub Date : 2023-10-05 DOI: 10.24018/ejpolitics.2023.2.5.110

ASM Anam Ullah

引用次数: 0

Omissions in the Implementation of Public Consultations in the Procedure of Adopting General Acts Through the Practice of the High Administrative Court of the Republic of Croatia 通过克罗地亚共和国高级行政法院的惯例在通过一般法令的程序中执行公众协商时的疏忽

European Journal of Law and Political Science Pub Date : 2023-09-09 DOI: 10.24018/ejpolitics.2023.2.5.103

Gordan Struić

{"title":"Omissions in the Implementation of Public Consultations in the Procedure of Adopting General Acts Through the Practice of the High Administrative Court of the Republic of Croatia","authors":"Gordan Struić","doi":"10.24018/ejpolitics.2023.2.5.103","DOIUrl":"https://doi.org/10.24018/ejpolitics.2023.2.5.103","url":null,"abstract":"Croatian local and regional self-government units are obliged to conduct public consultations when adopting general acts that affect the interests of citizens and legal entities. Bearing that in mind, the aim of this paper is to determine whether there are certain omissions – confirmed by the High Administrative Court of the Republic of Croatia – in the implementation of public consultations in the procedure of adopting general acts and, if there are, what they consist of. To this aim, the paper analyzes the decisions of the mentioned Court in procedures for assessing the legality of general acts adopted by local and regional self-government units. After the first introductory part, the second part briefly explains the normative framework, the third part states the methodology used, the fourth part analyzes the judicial practice, and in the fifth part, concluding remarks are stated. The analysis shows that since 2013, when the obligation to conduct public consultation was introduced, the Court has abolished 11 general acts. In the process of adopting those acts, the public consultation procedure was not conducted in accordance with the law: the first and the most common reason for contesting the general act was the absence of public consultation, and the second reason for that was non-compliance with the prescribed deadline of 30 days. Although practice has shown some other reasons as well, they all boil down to the fact that public consultation was not conducted.","PeriodicalId":474200,"journal":{"name":"European Journal of Law and Political Science","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136192781","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0