{"title":"“动则动,勇则立”。关于自由流动的一些挑战:新冠肺炎后的限制与保障、新家庭模式与数字化","authors":"José María Miranda Boto","doi":"10.54648/ijcl2023012","DOIUrl":null,"url":null,"abstract":"In the past half a century, free movement has faced a number of challenges. Few have been on the scale of the Covid-19 pandemic, which was characterized by unsuspected difficulties. This paper aims to analyse the responses to these difficulties, both in terms of the restrictions arising from instruments such as the Covid Passport and possible guarantees for the future. Vaccination certificates, derived from a regulation that seeks to ensure free movement, have a dual nature as a restriction that deserves to be analysed. On the other hand, the consolidation of the idea of key occupations is set to be of great importance but requires a final effort for effective implementation. In addition to these issues, the study examines the adaptation of existing legislation to new family configurations, including considerations on the case law of the Court of Justice of the European Union (CJEU) on same-sex marriages and the clash with certain legislative provisions. Theoretical attention is also paid to the problems potentially arising from marriages in nonrecognized forms. Finally, some issues are examined with regard to platform work and digital teleworking.\nFree Movement, Covid-19, Vaccines, Family Models, Digitalization","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"‘To Move Is to Stir, and to Be Valiant Is to Stand’. Some Challenges Concerning Free Movement: Restrictions and Guarantees Post Covid-19, New Family Models and Digitalization\",\"authors\":\"José María Miranda Boto\",\"doi\":\"10.54648/ijcl2023012\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In the past half a century, free movement has faced a number of challenges. Few have been on the scale of the Covid-19 pandemic, which was characterized by unsuspected difficulties. This paper aims to analyse the responses to these difficulties, both in terms of the restrictions arising from instruments such as the Covid Passport and possible guarantees for the future. Vaccination certificates, derived from a regulation that seeks to ensure free movement, have a dual nature as a restriction that deserves to be analysed. On the other hand, the consolidation of the idea of key occupations is set to be of great importance but requires a final effort for effective implementation. In addition to these issues, the study examines the adaptation of existing legislation to new family configurations, including considerations on the case law of the Court of Justice of the European Union (CJEU) on same-sex marriages and the clash with certain legislative provisions. Theoretical attention is also paid to the problems potentially arising from marriages in nonrecognized forms. Finally, some issues are examined with regard to platform work and digital teleworking.\\nFree Movement, Covid-19, Vaccines, Family Models, Digitalization\",\"PeriodicalId\":44213,\"journal\":{\"name\":\"International Journal of Comparative Labour Law and Industrial Relations\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Comparative Labour Law and Industrial Relations\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54648/ijcl2023012\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"INDUSTRIAL RELATIONS & LABOR\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Comparative Labour Law and Industrial Relations","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/ijcl2023012","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INDUSTRIAL RELATIONS & LABOR","Score":null,"Total":0}
‘To Move Is to Stir, and to Be Valiant Is to Stand’. Some Challenges Concerning Free Movement: Restrictions and Guarantees Post Covid-19, New Family Models and Digitalization
In the past half a century, free movement has faced a number of challenges. Few have been on the scale of the Covid-19 pandemic, which was characterized by unsuspected difficulties. This paper aims to analyse the responses to these difficulties, both in terms of the restrictions arising from instruments such as the Covid Passport and possible guarantees for the future. Vaccination certificates, derived from a regulation that seeks to ensure free movement, have a dual nature as a restriction that deserves to be analysed. On the other hand, the consolidation of the idea of key occupations is set to be of great importance but requires a final effort for effective implementation. In addition to these issues, the study examines the adaptation of existing legislation to new family configurations, including considerations on the case law of the Court of Justice of the European Union (CJEU) on same-sex marriages and the clash with certain legislative provisions. Theoretical attention is also paid to the problems potentially arising from marriages in nonrecognized forms. Finally, some issues are examined with regard to platform work and digital teleworking.
Free Movement, Covid-19, Vaccines, Family Models, Digitalization
期刊介绍:
Published four times a year, the International Journal of Comparative Labour Law and Industrial Relations is an essential source of information and analysis for labour lawyers, academics, judges, policymakers and others. The Journal publishes original articles in the domains of labour law (broadly understood) and industrial relations. Articles cover comparative and international (or regional) analysis of topical issues, major developments and innovative practices, as well as discussions of theoretical and methodological approaches. The Journal adopts a double-blind peer review process. A distinguished editorial team, with the support of an International Advisory Board of eminent scholars from around the world, ensures a continuing high standard of scientific research dealing with a range of important issues.