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Droit De La Fonction Publique Et Droit Du Travail
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Book Synopsis The Public Law/Private Law Divide by : Mark R Freedland
Download or read book The Public Law/Private Law Divide written by Mark R Freedland and published by Bloomsbury Publishing. This book was released on 2006-03-01 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: The contributions brought together in this book derive from joint seminars, held by scholars between colleagues from the University of Oxford and the University of Paris II. Their starting point is the original divergence between the two jurisdictions, with the initial rejection of the public-private divide in English Law, but on the other hand its total acceptance as natural in French Law. Then, they go on to demonstrate that the two systems have converged, the British one towards a certain degree of acceptance of the division, the French one towards a growing questioning of it. However this is not the only part of the story, since both visions are now commonly coloured and affected by European Law and by globalisation, which introduces new tensions into our legal understanding of what is "public" and what is "private".
Author : Publisher :Odile Jacob ISBN 13 :273818992X Total Pages :305 pages Book Rating :4.7/5 (381 download)
Download or read book written by and published by Odile Jacob. This book was released on with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Moving Beyond the Crisis : Reclaiming and Reaffirming our Common Administrative Space by : Demetrios Argyriades
Download or read book Moving Beyond the Crisis : Reclaiming and Reaffirming our Common Administrative Space written by Demetrios Argyriades and published by Primento. This book was released on 2013-03-14 with total page 415 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the financial meltdown and the economic crisis in their fifth year already no one can any longer be in doubt about their exceptional gravity, their truly global impact and their profound effects hurting vulnerable groups and the very poor especially. As the world looks for an exit from this economic crisis – the worst in eight decades – the focus of attention is naturally on the causes, the factors that account for its wide reach and severity, as well as on strategies that might bring it to a closure. The quest for exit strategies is at the very centre of the issues and concerns explored in the present volume, produced by the IIAS. Like the preceding volumes, but even more emphatically, this volume, representing a collective endeavour of scholars and practitioners from many parts of the globe, finds cause to lay the blame, for our difficult predicament, on the institutional deficit, the policies, the practices and values that have followed in the trail of a highly misleading and erroneous model of governance. The «Market Model of Governance» as it is known, sought to reform, the structures and culture of administration and government in private sector ways. While instrumental values like efficiency and effectiveness were raised and praised profusely, those of democratic governance were discounted by comparison. In particular, integrity, the rule of law and due process, equity, legality and public service professionalism suffered a steep decline, in several parts of the world. Likewise, the invasion and the capture of public space, inevitably led to an unprecedented surge of greed, abuse and corruption that contributed directly to the crisis which is upon us. Looking for exit strategies, as its title aptly suggests, the present volume offers a rich menu of ideas drawn from the current experience of all the world ́s main regions. Not surprisingly, two concepts stand out throughout the book as necessary correctives, as well as pressing remedies to the world ́s ongoing malaise. They call for the recapture of our common administrative space and the reaffirmation of the values and virtues appropriate for democratic governance. To the IIAS, none perhaps are more important than public service professionalism and none other can contribute more effectively to the reform and consolidation of sound institutions for national, sub national, global and regional governance. For these reasons, at this juncture, the new volume like the others should be featured in every public library and become a vademecum of all scholars and practitioners of public administration and politics around the world.
Author :Academie De Droit International De La Ha Publisher :Martinus Nijhoff Publishers ISBN 13 :9789028608825 Total Pages :724 pages Book Rating :4.6/5 (88 download)
Book Synopsis Recueil Des Cours, Collected Courses, 1935 by : Academie De Droit International De La Ha
Download or read book Recueil Des Cours, Collected Courses, 1935 written by Academie De Droit International De La Ha and published by Martinus Nijhoff Publishers. This book was released on 1970-12-01 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Labour Law in Switzerland by : Alexandre Berenstein
Download or read book Labour Law in Switzerland written by Alexandre Berenstein and published by Kluwer Law International B.V.. This book was released on 2018-01-25 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this monograph on Switzerland not only describes and analyses the legal aspects of labour relations, but also examines labour relations practices and developing trends. It provides a survey of the subject that is both usefully brief and sufficiently detailed to answer most questions likely to arise in any pertinent legal setting. Both individual and collective labour relations are covered in ample detail, with attention to such underlying and pervasive factors as employment contracts, suspension of the contracts, dismissal laws and covenant of non-competition, as well as international private law. The author describes all important details of the law governing hours and wages, benefits, intellectual property implications, trade union activity, employers’ associations, workers’ participation, collective bargaining, industrial disputes, and much more. Building on a clear overview of labour law and labour relations, the book offers practical guidance on which sound preliminary decisions may be based. It will find a ready readership among lawyers representing parties with interests in Switzerland, and academics and researchers will appreciate its value in the study of comparative trends in laws affecting labour and labour relations.
Author : Publisher :Minority Rights Group ISBN 13 : Total Pages :77 pages Book Rating :4./5 ( download)
Download or read book written by and published by Minority Rights Group. This book was released on with total page 77 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis La France et ses administrations : un état des savoirs by : Jean-Michel Eymeri–Douzans
Download or read book La France et ses administrations : un état des savoirs written by Jean-Michel Eymeri–Douzans and published by Primento. This book was released on 2013-06-12 with total page 636 pages. Available in PDF, EPUB and Kindle. Book excerpt: En pleine congruence avec l’ambition du Groupe Européen pour l’Administration Publique d’encourager les échanges interculturels, ce livre constitue une entreprise originale, mi-anglophone mi-francophone. Cet ouvrage issu du Congrès du GEAP 2010 a pour objet de combler un déplorable fossé et de donner une visibilité internationale au « cas français ». Dès lors ce livre, en 18 chapitres rédigés en français par une équipe interdisciplinaire (politistes, sociologues, historiens, socio-historiens, juristes) avec plus de 150 pages en anglais et une vaste bibliographie unifiée, entend offrir à tous les spécialistes de l’administration publique de par le monde un point d’accès unique au plus récent état des savoirs sur l’administration en France – ce pays où le mot État s’écrit avec un E majuscule. ============================================ In full compliance with the ambition of the European Group for Public Administration to encourage cross-cultural exchanges, this book is a genuinely original undertaking. It is a hybrid Anglophone-Francophone product. This book from EGPA 2010 Conference purpose to bridge a regrettable gap and to give international visibility to the “French case”. Thus, this book, in 18 chapters written in French by an interdisciplinary team (political scientists, sociologists, historians, sociohistorians, jurists) with more than 150 pages in English and a vast unified bibliography, offers to all students of public administration in the world a unique entry gate to the latest state of the art of administrative studies in France – this country where the State is to be spelled with a capital S.
Book Synopsis Regulating Strikes in Essential Services by : Moti (Mordehai) Mironi
Download or read book Regulating Strikes in Essential Services written by Moti (Mordehai) Mironi and published by Kluwer Law International B.V.. This book was released on 2018-11-09 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designing a fair, effective and acceptable regime that will reconcile public interest and the public’s need for an uninterrupted flow of essential services on the one hand, while maintaining the freedom of collective bargaining on the other, is an ever more difficult public policy challenge. This book, the first detailed comparative analysis of existing legal and practical approaches across a spectrum of key national jurisdictions, provides a structured and insightful overview of the law and practice of regulating strikes in essential services. As such it can be of great value for public policy debate and the enhancement of national law in the field. The editors have assembled experts from fourteen countries who describe and analyse their respective country’s experience with strikes in essential services and the legislative and judicial as well as informal approaches towards regulating and intervening in such strikes. Departing from legal theory with systematic comparative ‘law in action’ research, the contributors offer innumerable valuable insights into a broad array of issues and topics as the following: – mechanisms aiming at compensating employees for encroaching on their collective bargaining rights; – public accountability and responsible management of public finance; – role of international conventions; – effects of globalization and advances in technology; – privatization, outsourcing and the decline of unions and workers’ solidarity; – growing popular intolerance towards strikes in essential services; – effect of human rights-related court decisions; – convergence and divergence among contemporary legal regimes in defining and approaching strikes in essential services; – dispute process design and dispute resolution processes (mediation, conciliation and arbitration); and – substantive and procedural restrictions on the right to organize, bargain collectively and strike. The country reports are preceded by a detailed analysis of the inherent normative policy dilemma and a conceptual framework for designing and evaluating models of regulation. The concluding chapter presents a comparative overview of the insights gained. With its comparative perspective on one of the most sensitive areas of industrial relations and labour law, and its contextually relevant options for strategic choice and public policy debate, this incomparable volume will be welcomed by labour lawyers, legislators, policy makers, judicial bodies and researchers in the field of collective labour relations and fundamental human rights of workers on the national as well as international level.
Book Synopsis Droits des Personnes Agées et Droits des Personnes Handicapées by : Pascal Touoyem
Download or read book Droits des Personnes Agées et Droits des Personnes Handicapées written by Pascal Touoyem and published by African Books Collective. This book was released on 2023-10-22 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cette publication est certainement la toute premiere grande syntese tematique et critique sur la condition des personnes socialement vulnérables (PSV) en Afrique. Une excellente brochette de 40 experts et Institutions de differents oavs du continent t deploie un effort d'intelligibilite de ce phenomene devenu oreoccuoant. a travers un Inventaire analvtique complexe. retrospectt. Tactuel. actuel, chittre. ponctuel prospectif et relativement exnaustit. Les differentes contributions sont assorties des recommandations fortes qui interpellent, pour leur application les détenteurs d'enjeu dans une démarche de co-construction pour une citovennete de transtormation active C'est un document de plaidoyer/réquisitoire et de lobbying en faveur de l'aménagement, de la protection et de l'amélioration des conditions sociales des personnes âgées et des personnes handicapées en Afrique autant en matière de santé, d'alimentation, de logement. denvironnement, de protection sociale. que de maintien de revenu. d emplo et denseignement. eu egard a raugmentation croissante de leurs effectts en valeu relative et absolue. a question des personnes socialement vulnerables est ainsi mist en avant-garde des préoccunations politico-sociales et scientifiques importantes voir permanentes. tlle tait robiet d'investigations et de réflexions récurrentes au sein d mecanisme soecia de Union Africaine au est le groupe de raval sur les personnes agee! et les personnes handicapées de la Commission Africaine des Droits de l'Homme et des Peuples. L'assignation matinale et originaire étant de construire des véhicules juridiques psychologiques, socio-antropologiques et portiques afin a amorcer un changement positit et une protection durable des oS. ainsi que des protocoles coutumiers pour leu valorisation dans les cultures et traditions atricaines This publication is certainly the first major thematic and critical synthesis on the condition of socially vulnerable persons (PSV) in Africa. An excellent line-up of 40 experts and institutions from different countries of the continent is making an effort to understand this phenomenon, which has become worrying, through a complex, retrospective, factual, current, quantified, punctual, prospective and relatively exhaustive analytical inventory. The various contributions are accompanied by strong recommendations that challenge the holders of issues for their application in a process of co-construction for an active citizenship of transformation. It is a document of advocacy/indictment and lobbying in favor of the development, protection and improvement of the social conditions of the elderly and persons with disabilities in Africa in terms of health, food, housing, environment, social protection, income maintenance, employment and education, given their increasing numbers in relative and absolute terms. The issue of socially vulnerable people is thus brought to the forefront of important, if not permanent, political-social and scientific concerns. It is the subject of recurrent investigations and reflections within the special mechanism of the African Union, the Working Group on Elderly Persons and Persons with Disabilities of the African Commission on Human and Peoples' Rights. The initial assignment is to build legal, psychological, socio-anthropological and political vehicles in order to initiate positive change and sustainable protection of VHPs, as well as customary protocols for their valorization in African cultures and traditions.
Book Synopsis Philosophical and Sociological Reflections on Labour Law in Times of Crisis by : Eduardo von Adamovich
Download or read book Philosophical and Sociological Reflections on Labour Law in Times of Crisis written by Eduardo von Adamovich and published by Cambridge Scholars Publishing. This book was released on 2022-05-13 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.
Book Synopsis Concilier Flexibilité Du Travail Et Cohésion Sociale by : Council of Europe
Download or read book Concilier Flexibilité Du Travail Et Cohésion Sociale written by Council of Europe and published by Council of Europe. This book was released on 2007-01-01 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the work place has become significantly more flexible in the former socialist countries of central and eastern Europe, the realities of their social institutional systems must be taken into account in any development strategies that aim to unite flexibility and security objectives. This volume seeks to contribute to a pan-European reflection on the concepts and issues of labour flexibility and social cohesion.
Book Synopsis Ethics and Accountability in a Context of Governance and New Public Management by : Annie Hondeghem
Download or read book Ethics and Accountability in a Context of Governance and New Public Management written by Annie Hondeghem and published by IOS Press. This book was released on 1998 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ethics and accountability have become important themes for modern government, as in most of the countries there is a severe crisis of legitimacy. Increasingly there is a feeling that performance management alone will not solve this crisis. Citizens also expect from politicians and public servants ethical responsible conduct. As to the ethics, however, there is a problem. Governance and new public management have raised new problems which cannot be solved by referring to the traditional bureaucratic ethics. Devolution and decentralisation processes have enhanced the responsibility of public servants. The increase of transparency and openness and the service orientation of public organisations have challenged the traditional values of discretion and equality before the rule. The growing interaction between the public and the private sector have raised the question of integrity. In light of these developments, it is important to update the ethical system, or reversibly, the traditional values of the public service can question some actual evolutions in government.
Book Synopsis Information Sources in Law by : J.R. Winterton
Download or read book Information Sources in Law written by J.R. Winterton and published by Walter de Gruyter. This book was released on 2012-06-21 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt: The aim of each volume of this series Guides to Information Sources is to reduce the time which needs to be spent on patient searching and to recommend the best starting point and sources most likely to yield the desired information. The criteria for selection provide a way into a subject to those new to the field and assists in identifying major new or possibly unexplored sources to those who already have some acquaintance with it. The series attempts to achieve evaluation through a careful selection of sources and through the comments provided on those sources.
Book Synopsis The Protection of Working Relationships by : Frans Pennings
Download or read book The Protection of Working Relationships written by Frans Pennings and published by Kluwer Law International B.V.. This book was released on 2011-01-01 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.'
Download or read book Jus Suffragii written by and published by . This book was released on 1915 with total page 702 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Le statut juridique des migrants admis à des fins d'emploi by : Ryszard Cholewinski
Download or read book Le statut juridique des migrants admis à des fins d'emploi written by Ryszard Cholewinski and published by Council of Europe. This book was released on 2004-01-01 with total page 104 pages. Available in PDF, EPUB and Kindle. Book excerpt: Les tendances récentes indiquent que les pays européens accueillent davantage d'ouvriers étrangers afin de combler les pénuries de main-d'œuvre provoquées par le vieillissement de la population ou par la mondialisation. Par ailleurs, un nouvel environnement se dessine dans le monde du travail, avec l'arrivée de nouvelles technologies, de normes de travail différentes, l'augmentation des activités économiques indépendantes, et une plus grande flexibilité en matière de temps de travail et de pratiques sur le lieu de travail. Pour cette raison, certains pays européens ont adopté de nouvelles lois et de nouvelles politiques pour attirer les ouvriers étrangers hautement ou moyennement qualifiés. Cependant, les nouvelles mesures peuvent mettre en danger certains acquis dans ce domaine et peuvent ne pas être en accord avec les normes du Conseil de l'Europe visant à garantir les droits des travailleurs migrants, tels que la Charte sociale européenne et la Convention européenne relative au statut juridique du travailleur migrant. Cette étude se concentre sur les règles concernant le statut juridique des principales catégories de travailleurs migrants admis aux fins d'un emploi dans certains Etats membres du Conseil de l'Europe. L'étude examine la question essentielle de savoir si ces règles nationales sont conçues de manière à aider les migrants à s'intégrer dans le pays d'accueil, en leur garantissant un statut de résidence stable et l'accès aux droits sociaux, ou si elles découragent ou même empêchent une telle intégration.
Book Synopsis General Clauses and Standards in European Contract Law by : Stefan Grundmann
Download or read book General Clauses and Standards in European Contract Law written by Stefan Grundmann and published by Kluwer Law International B.V.. This book was released on 2006-01-01 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: General clauses or standards (Generalklauseln, clauses generales) are legal rules which are not precisely formulated, terms and concepts which in fact do not even have a clear core. They are often applied in varying degrees in various legal systems to a rather wide range of contract cases when certain issues arise issues such as abuse of rights, unfairness, good faith, fairness of duty or loyalty or honesty, duty of care, and other such contract terms not lending themselves readily to clear or permanent definition. Here for the first time is a systematic discussion of this kind of rule in the evolving and dynamic context of European contract law. A collection of twelve insightful essays by leading European law authorities, the book is based on a conference organized jointly by the Society of European Contract Law (SECOLA) and l'association Henri Capitant, held in the `grande salle' of the French Supreme Court in Paris in 2005. The subject is approached along three distinct but interconnected avenues: comparative contract law, in which the different models to be found among Member States particularly the Germanic, French, and English common law systems are explored with an eye to differences and common ground;EC contract law, in which the general clause approach has tended to focus on labour law and consumer law, and in which the European Court of Justice more and more assumes the final say; andthe European codification dimension, in which a potential instrument on the European level would compete with national laws and develop closely with them. The authors demonstrate that a focus on general clauses in contract law, embracing as it does a wide range of types of contracts, helps enormously with the necessary integration of legal scholarship and economic approaches, and of legal science and legal practice in the field. Numerous analytic references to relevant cases and EC Directives give a practical impetus to the far-reaching but immediately applicable theory presented in this important book. As European contract law continues to develop rapidly, this seminal contribution is sure to increase in value and usefulness.
