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Defrenne
''Defrenne v Sabena (No 2)'' (1976Case 43/75is a foundational European Union law case, concerning direct effect and the European Social Charter in the European Union. It held that the EU: The case was championed by the Belgian lawyer Éliane Vogel-Polsky, who was responsible for much of the heavy involvement in sex discrimination law of the time by the European Court of Justice. Facts A woman named Gabrielle Defrenne worked as a flight attendant for the Belgian national airline Sabena. Under Belgian law, female flight attendants were obliged to retire at the age of 40, unlike their male counterparts. Defrenne had been forced to retire from Sabena in 1968. Defrenne complained that the lower pension rights this entailed violated her right to equal treatment on grounds of gender under article 119 of the Treaty of the European Community, (now Article 157 of the Treaty on the Functioning of the European Union (TFEU) - prior to the Lisbon Treaty, this was article 141 TEC). Ju ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Union Law
European Union law is a system of rules operating within the member states of the European Union (EU). Since the founding of the European Coal and Steel Community following World War II, the EU has developed the aim to "promote peace, its values and the well-being of its peoples". The EU has political institutions, social and economic policies, which transcend nation states for the purpose of cooperation and human development. According to its Court of Justice the EU represents "a new legal order of international law".''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963Case 26/62/ref> The EU's legal foundations are the Treaty on European Union and the Treaty on the Functioning of the European Union, currently unanimously agreed on by the governments of 27 member states. New members may join if they agree to follow the rules of the union, and existing states may leave according to their "own constitutional requirements".TEart 50 On the most sophisticated discu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Direct Effect
In European Union law, direct effect is the principle that Union law may, if appropriately framed, confer rights on individuals which the courts of member states of the European Union are bound to recognise and enforce. Direct effect is not explicitly stated in any of the EU Treaties. The principle of direct effect was first established by the Court of Justice of the European Union (CJEU) in ''Van Gend en Loos v. Nederlandse Administratie der Belastingen''.(Case 26/62); 963ECR 1; 970CMLR 1 Direct effect has subsequently been loosened in its application to treaty articles and the ECJ has expanded the principle, holding that it is capable of applying to virtually all of the possible forms of EU legislation, the most important of which are regulations, and in certain circumstances to directives. The ECJ first articulated the doctrine of direct effect in the case of ''Van Gend en Loos'', the European Court of Justice laid down the criteria (commonly referred to as the "Van Gend cr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United Kingdom Labour Law
United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equity (legal concept), equity. This includes the right to a minimum wage of £9.50 for over-23-year-olds from April 2022 under the National Minimum Wage Act 1998. The Working Time Regulations 1998 give the right to 28 days paid holidays, breaks from work, and attempt to limit long working hours. The Employment Rights Act 1996 gives the right to leave for child care, and the right to request flexible working patterns. The Pensions Act 2008 gives the right to be automatically enrolled in a basic occupational pension, whose funds must be protected according to the Pensions Act 1995. Workers must be able to vote for trustees of their occupational pensions under the Pensions Act 2004. In some enterprises, such as universities, staff can Codetermina ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
P V S And Cornwall County Council
''P v S and Cornwall County Council'' was a landmark case of the European Court of Justice (ECJ) which extended the scope of sex equality to discrimination against transsexuals. The case concerned a United Kingdom (UK) trans woman, referred to as P in court proceedings, who was dismissed from her post after informing her employers that she was undergoing gender reassignment. She took her employers to an Employment Tribunal. The Tribunal agreed that she had been dismissed because of her gender reassignment, but was unable to rule that she had been discriminated against because at that time the Sex Discrimination Act (SDA) offered little protection to transsexual people. If P had been a trans man, he would have been treated in the same way and so there were no grounds in the SDA to rule that P had been discriminated against. However, the UK was part of the European Community and thus obliged to implement the Equal Treatment Directive. The Tribunal felt the scope of the Directive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Éliane Vogel-Polsky
Éliane Vogel-Polsky (5 July 1926 – 13 November 2015) was a Belgian lawyer and feminist. Biography Éliane Vogel-Polsky was born in Ghent on 5 July 1926, one of two daughters. Her parents were Russian Jews who had immigrated to Belgium after the end of the First World War. She attended the Lycée Émile Jacqmain but her education was interrupted by the Holocaust. The anti-Jewish regulations introduced by the German forces of occupation obliged Vogel-Polsky to finish school under a false name with the Benedictine sisters in Liège. Vogel-Polsky enrolled at Saint-Louis University, Brussels for a preparatory law degree in 1944. On 7 July 1950 she graduated with a doctorate in law at the Université libre de Bruxelles; she was called to the bar the same year. During her doctorate she first met Marie-Thérèse Cuvelliez and Odette De Wynter. In 1952 with Cuvelliez she became the first woman to win the Janson Prize. In 1958 Vogel-Polsky obtained three degrees: international so ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Court Of Justice
The European Court of Justice (ECJ, french: Cour de Justice européenne), formally just the Court of Justice, is the supreme court of the European Union in matters of European Union law. As a part of the Court of Justice of the European Union, it is tasked with interpreting EU law and ensuring its uniform application across all EU member states under Article 263 of the Treaty of the Functioning of the European Union (TFEU). The Court was established in 1952, and is based in Luxembourg. It is composed of one judge per member state – currently – although it normally hears cases in panels of three, five or fifteen judges. The Court has been led by president Koen Lenaerts since 2015. The ECJ is the highest court of the European Union in matters of Union law, but not national law. It is not possible to appeal against the decisions of national courts in the ECJ, but rather national courts refer questions of EU law to the ECJ. However, it is ultimately for the national court ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Pay For Women
Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full range of payments and benefits, including basic pay, non-salary payments, bonuses and allowances. Some countries have moved faster than others in addressing equal pay. Early history As wage-labour became increasingly formalized during the Industrial Revolution, women were often paid less than their male counterparts for the same labour, whether for the explicit reason that they were women or under another pretext. The principle of equal pay for equal work arose at the same part of first-wave feminism, with early efforts for equal pay being associated with nineteenth-century Trade Union activism in industrialized countries: for example, a series of strikes by unionized women in the UK in the 1830s. Pressure from Trade Unions has had varie ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1976 In Case Law
Events January * January 3 – The International Covenant on Economic, Social and Cultural Rights enters into force. * January 5 – The Pol Pot regime proclaims a new constitution for Democratic Kampuchea. * January 11 – The 1976 Philadelphia Flyers–Red Army game results in a 4–1 victory for the National Hockey League's Philadelphia Flyers over HC CSKA Moscow of the Soviet Union. * January 16 – The trial against jailed members of the Red Army Faction (the West German extreme-left militant Baader–Meinhof Group) begins in Stuttgart. * January 18 ** Full diplomatic relations are established between Bangladesh and Pakistan 5 years after the Bangladesh Liberation War. ** The Scottish Labour Party is formed as a breakaway from the UK-wide party. ** Super Bowl X in American football: The Pittsburgh Steelers defeat the Dallas Cowboys, 21–17, in Miami. * January 21 – First commercial Concorde flight, from London to Bahrain. * January 27 ** The United States ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Cambridge University Press
Cambridge University Press is the university press of the University of Cambridge. Granted letters patent by Henry VIII of England, King Henry VIII in 1534, it is the oldest university press A university press is an academic publishing house specializing in monographs and scholarly journals. Most are nonprofit organizations and an integral component of a large research university. They publish work that has been reviewed by schola ... in the world. It is also the King's Printer. Cambridge University Press is a department of the University of Cambridge and is both an academic and educational publisher. It became part of Cambridge University Press & Assessment, following a merger with Cambridge Assessment in 2021. With a global sales presence, publishing hubs, and offices in more than 40 Country, countries, it publishes over 50,000 titles by authors from over 100 countries. Its publishing includes more than 380 academic journals, monographs, reference works, school and uni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
European Labour Law
European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creating investment within the Union, and in promoting a degree of employee consultation in the workplace, European labour law is viewed as a pillar of the "European social model". Despite wide variation in employment protection and related welfare provision between member states, a contrast is typically drawn with conditions in the United States. The European Union, under the Treaty on the Functioning of the European Union, article 153(1) is able to use the ordinary legislation procedure on a list of labour law fields. This notably excludes wage regulation and collective bargaining. Four main fields of EU regulation of labour rights include (1) individual labour rights, (2) anti-discrimination regulations, (3) rights to information, consultatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Van Gend En Loos V Nederlandse Administratie Der Belastingen
''Van Gend en Loos v Nederlandse Administratie der Belastingen'' (1963) Case 26/62 was a landmark case of the European Court of Justice which established that provisions of the ''Treaty Establishing the European Economic Community'' were capable of creating legal rights which could be enforced by both natural and legal persons before the courts of the Community's member states. This is now called the principle of direct effect. The case is acknowledged as being one of the most important, and possibly the most famous development of European Union law. The case arose from the reclassification of a chemical, by the Benelux countries, into a customs category entailing higher customs charges. Preliminary questions were asked by the Dutch Tariefcommissie in a dispute between Van Gend en Loos and the Dutch Tax Authority (Nederlandse Administratie der Belastingen). The European Court of Justice held that this breached a provision of the treaty requiring member states to progressively ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Treaties Of The European Union
The Treaties of the European Union are a set of international treaties between the European Union (EU) member states which sets out the EU's constitutional basis. They establish the various EU institutions together with their remit, procedures and objectives. The EU can only act within the competences granted to it through these treaties and amendment to the treaties requires the agreement and ratification (according to their national procedures) of every single signatory. Two core functional treaties, the Treaty on European Union (originally signed in Maastricht in 1992, aka The Maastricht Treaty) and the Treaty on the Functioning of the European Union (originally signed in Rome in 1957 as the Treaty establishing the European Economic Community, aka The Treaty of Rome), lay out how the EU operates, and there are a number of satellite treaties which are interconnected with them. The treaties have been repeatedly amended by other treaties over the 65 years since they were first si ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
