The European Community: The practical guide for business and government
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Recent cases decided by the European Court of Justice have raised crucial issues regarding the scope for collective action in Europe. Each national report examines how legal regulation seeks to address conflicting interests, namely Labour Law or Social Competition Law?
Marc Rigaux. Publication date: July 23, July 23, In this work the author tries to uncover the parameters the labour legislators used in the development of labour protection. He formulates a number of theses that allow him to establish a theory of labour law. The themes dealt with in this work fit in an overall vision on labour in its relation with capital as dealt with in law.
Publication date: July 13, July 13, This book sheds an innovating light on the relations between EU and non-EU countries and nationals, as far as social security is concerned.
These are dealt with in a number of contributions by eminent international experts. Marc De Vos. Publication date: June 17, June 17, Its immediate focus is on recent legal developments, both in case law and in legislation.
Practical guides on Brexit
Publication date: March 17, March 17, It is published on the occasion of the 10th anniversary of the EWL and reflects the research efforts the members of the European Working Group on Labour Law have made in its 10 years of existence. Experts deal with the opportunities EU law is offering and how it is fitting into the social policy of the European Union, as well as with potential thr Flexicurity and the Lisbon Agenda Frank Hendrickx.
Publication date: October 17, October 17, This book aims to foster the debate on flexicurity in the European Union from a multi-disciplinary approach. It raised key questions, such as: In what context does flexicurity play a role? What are the current challenges for the world of work? What is the meaning of flexicurity?
Clinical trial logistics and Brexit
How is it to be understood in European economic and social policy? What is the effect of the flexicur Publication date: May 5, May 5, The employment contract has, in a relatively short time, developed into the atom of the normative structuralization of labour relations.
In this book it is analysed from the perspective of inclusion and exclusion as to its form, its content, and the working persons to be covered. To those interested in recent developments in labour law, and the often contested regulation of its adjoining fields, the book offers a careful analysis of developm Publication date: January 30, January 30, The European Convention on Human Rights and the case law of the European Court of Human Rights are of increasing importance in the area of social security.
This book provides a practical guide to the social security issues which have been considered by the Court of Human Rights and to give an overview of how these have been analysed by the Court. In addition, some examples are given as to how the provisions of the Convention have been interpre International Social Security Standards. Publication date: January 3, January 3, The book opens with an introduction to the conventions and then presents contributions of experts working for various organisations which are of extreme importance for the implementation and understanding of standards: the Committee of Experts of the ILO, the Council of Europe, a national government, university professors, a judge, a government advisor from an East European country, and a trade union.
The book concludes with a chapter in whi Publication date: October 10, October 10, This volume takes a three-pronged approach to the issue. The book starts with several contributions addressing general issues related to the right to take collective action in a transnational context. The second part consists of national reports on labour law aspects of cross-border collective action. The third part includes national reports on private international law issues resulting from the transnational nature of a collective action. Publication date: February 8, February 8, Which entitlements can individual citizens derive from this right?
Is it only about minimum benefits, or also about income maintenance? Does it include assistance? Health care? Social services? Publication date: May 23, May 23, Indirect Discrimination Christa Tobler. Publication date: July 5, July 5, Introduced into European Community law by the Court of Justice through its case law in the field of free movement of workers, the legal concept of indirect discrimination has evolved into one with far wider and greater relevance to many other areas of EC law as well. This book analyses the concept of indirect discrimination in a broad and comparative context, which encompasses both economic and social law.
Publication date: August 11, August 11, This book deals with employment privacy law, a field of knowledge that increasingly gains influence in legal theory and daily practice. It concentrates on the legal regulation of general human resources data as well as sensitive data in the employment context.
Investigations and dawn raids by the European Commission: a quick guide | Practical Law
Publication date: December 1, December 1, Take copies of, or extracts from, the books and business records. Seal any business premises and books or records during an investigation normally for no more than 72 hours. Ask for oral explanations on-the-spot about facts and documents.
When can these powers be used? The Commission can use its powers when "necessary" To apply and enforce Articles and , the Commission has the power to require production of all necessary information and to undertake all necessary inspections of companies. However, it may only inspect premises other than business premises if it has a reasonable suspicion that books or other records related to the business, which may be relevant to prove a serious violation of Article or Article , are kept at those premises.
In particular, the Commission uses its dawn raid powers in relation to suspected cartels see Practice note, Cartels: EU law and practice. How are the powers exercised? The Commission may operate under formal decisions and conduct dawn raids without notice The Commission may request information by a simple request or a formal decision.
A formal decision taken by the Commission as a whole will set a fixed time limit and compliance is mandatory and subject to the imposition of fines. Similarly, a dawn raid of business premises may be conducted under an "authorisation" issued without the approval of the full Commission or under a formal decision. In the case of an authorisation, a firm may refuse voluntarily to submit to an investigation. However, any such refusal is likely to result in the adoption of a formal decision, so imposing a duty to co-operate on the firm. An inspection of non-business premises can only be conducted under a decision.
Commission officials conducting an investigation will usually be assisted by officials from the relevant national competition authorities. The Commission may ask these authorities to conduct the investigation on its behalf. Where a company refuses to comply with an inspection ordered by a decision, the member state must provide the necessary assistance to allow the Commission to obtain access to the premises, including obtaining a warrant.
“Hard Brexit” partnerships
Practical considerations for companies under investigation Companies should put in place procedures for handling investigations. In particular, companies should:. Check whether the inspection is being conducted under an authorisation or warrant. Examine and take copies of relevant documents in order to determine the scope of the investigation.
Contact lawyers and ask the Commission officials to wait until they arrive. Ensure that the Commission officials are accompanied at all times. Contact IT and all on-site personnel and inform them of investigation, or importance of cooperation, and remind them to ensure that IT systems do not destroy or delete any documentation during the investigation. Check any documents requested by the Commission to ensure they are within the scope of the investigation and to determine whether they are covered by legal privilege or are commercially confidential.
Mark confidential documents as such and withhold privileged documents. Take a note of all files and documents examined by the Commission and retain copies of all documents copied or taken by the Commission. Take notes of any oral explanations given and of any areas of dispute with the Commission officials for example, relating to legal privilege.
Designate a computer expert to assist the Commission inspectors in relation to all electronic records. If the investigation is ongoing or if the Commission inspectors seal any rooms or documents, ensure all staff and on-site contractors are instructed not to disturb this seal under any circumstances. Any evidence of tampering can automatically result in large fines.
After the dawn raid, hold follow-up meetings to decide what further steps should be taken, such as whether further explanations or documents should be provided to the Commission and potentially if there appears to be evidence of infringement whether a leniency application should be made. Practice notes Cartels: EU law and practice. EU Compliance programmes. EU Dawn Raids.