|
Marschall V Land Nordrhein Westfalen
''Marschall v Land Nordrhein Westfalen'' (1997) C-409/95 is a German and EU labour law case concerning positive action. Facts Marschall was a teacher. He applied for promotion and did not get it and a woman did. The school's rules allowed for promotion of women 'unless reasons specific to an individual candidate tilt the balance in his favour'. He sought an order that he was in fact appointed. The Verwaltungsgericht Gelsenkirchen made a reference to the ECJ asking whether the rule was compatible with the Equal Treatment Directive Equal Treatment Directive 20062006/54/EC is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law. Background Since the Treaty of Amsterdam came into force in 1999, new EU laws ... 76/207/EC art 2(1) and 2(4). Advocate General Jacobs gave his opinion that the rule in question was compatible with EU law. Judgment The European Court of Justice held that positive action was lawful i ... [...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] |
EU 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] |
Positive Action
In Europe, positive action are measures which are targeted at protected groups in order to enable or encourage members of those groups to overcome or minimise disadvantage; or to meet the different needs of the protected group; or to enable or encourage persons in protected groups to participate in an activity. In the United Kingdom in the Equality Act 2010 ss 158-159, the term is used in the context of employment to allow selection of a candidate from an "under-represented" group, so long as he or she is no less than equally qualified compared to another potential candidate that is not from the under-represented group. European law *Treaty on the Functioning of the European Union Article 157(4) *'' Kalanke v Freie Hansestadt Bremen'' 995IRLR 660, 996ECR I-03051C-450/93 *'' Marschall v Land Nordrhein Westfalen'' 997ECR I-06363C-409/95 *'' Re Badeck’s application'' 0012 CMLR 6C-158/97 *'' Abrahamsson and Anderson v Fogelqvist'' 000ECR I-05539C-407/98 See also *EU law *UK emp ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gelsenkirchen
Gelsenkirchen (, , ; wep, Gelsenkiärken) is the 25th most populous city of Germany and the 11th most populous in the state of North Rhine-Westphalia with 262,528 (2016) inhabitants. On the Emscher River (a tributary of the Rhine), it lies at the centre of the Ruhr, the largest urban area of Germany, of which it is the fifth largest city after Dortmund, Essen, Duisburg and Bochum. The Ruhr is located in the Rhine-Ruhr Metropolitan Region, one of Europe's largest urban areas. Gelsenkirchen is the fifth largest city of Westphalia after Dortmund, Bochum, Bielefeld and Münster, and it is one of the southernmost cities in the Low German dialect area. The city is home to the football club Schalke 04, which is named after . The club's current stadium Veltins-Arena, however, is located in . Gelsenkirchen was first documented in 1150, but it remained a tiny village until the 19th century, when the Industrial Revolution led to the growth of the entire area. In 1840, when the m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equal Treatment Directive
Equal Treatment Directive 20062006/54/EC is a legal act of European Union law, which implements the principle of equal treatment between men and women in EU labour law. Background Since the Treaty of Amsterdam came into force in 1999, new EU laws, or Directives, have been enacted in the area of anti-discrimination. The Equal Treatment Directive 2006/54/EC is a consolidation of previous Directives in this area, notably, the Directive 76/207/EEC, which was amended by Directive 2002/73/EC. See also * Anti-discrimination law *Directive 76/207/EEC *EU labour law *List of European Union directives *UK 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 equit ... Notes References * External linksText of the Directive [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kalanke V Freie Hansestadt Bremen
''Kalanke v Freie Hansestadt Bremen'' (1995) C-450/93 is a German and EU labour law case, concerning positive action. It was qualified in ''Marschall v Land Nordrhein Westfalen ''Marschall v Land Nordrhein Westfalen'' (1997) C-409/95 is a German and EU labour law case concerning positive action. Facts Marschall was a teacher. He applied for promotion and did not get it and a woman did. The school's rules allowed for p ...'' (1997) C-409/95. Facts Mr Kalanke and a woman were shortlisted for promotion to a management position in the city's parks department. Both were equally qualified. The council's rules gave automatic priority, if two candidates were equally qualified, to women in sectors where they were under-represented. That meant less than half in any pay bracket. Mr Kalanke claimed it was discrimination under Directive 76/207/EC art 2(1) and art 2(4). AG Tesauro concluded it would be unlawful. At paragraph 28 he said, 'Formal, numerical equality is an objective which m ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prejudice
Prejudice can be an affective feeling towards a person based on their perceived group membership. The word is often used to refer to a preconceived (usually unfavourable) evaluation or classification of another person based on that person's perceived political affiliation, sex, gender, gender identity, beliefs, values, social class, Ageing, age, disability, religion, sexual orientation, sexuality, Race (human classification), race, ethnicity, language, nationality, culture, complexion, beauty, height, body weight, job, occupation, wealth, education, criminality, Fan loyalty, sport-team affiliation, Psychology of music preference, music tastes or other personal characteristics. The word "prejudice" can also refer to unfounded or pigeonholed beliefs and it may apply to "any unreasonable attitude that is unusually resistant to rational influence". Gordon Allport defined prejudice as a "feeling, favorable or unfavorable, toward a person or thing, prior to, or not based on, actual ex ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stereotype
In social psychology, a stereotype is a generalized belief about a particular category of people. It is an expectation that people might have about every person of a particular group. The type of expectation can vary; it can be, for example, an expectation about the group's personality, preferences, appearance or ability. Stereotypes are sometimes overgeneralized, inaccurate, and resistant to new information, but can sometimes be accurate. While such generalizations about groups of people may be useful when making quick decisions, they may be erroneous when applied to particular individuals and are among the reasons for prejudicial attitudes. Explicit stereotypes An explicit stereotype refers to stereotypes that one is aware that one holds, and is aware that one is using to judge people. If person ''A ''is making judgments about a ''particular'' person ''B'' from a group ''G'', and person ''A'' has an explicit stereotype for group ''G'', their decision bias can be partiall ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1997 In The European Union
Events from the year 1997 in the European Union. Incumbents * President of the European Council ** Wim Kok (Jan – Jun 1997) ** Jean-Claude Juncker (July – Dec 1997) * Commission President - Jacques Santer * Council Presidency - Netherlands (Jan – Jun 1997) and Luxembourg (July – Dec 1997) Events * 1 January: Netherlands takes over the Presidency of the European Union. * 1 July: Luxembourg takes over the Presidency of the European Union The official title President of the European Union (or President of Europe) does not exist, but there are a number of presidents of European Union institutions, including: * the President of the European Council (since 1 December 2019, Charle .... References Years of the 20th century in the European Union 1990s in the European Union {{Europe-hist-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
German Case Law
German(s) may refer to: * Germany (of or related to) ** Germania (historical use) * Germans, citizens of Germany, people of German ancestry, or native speakers of the German language ** For citizens of Germany, see also German nationality law **Germanic peoples (Roman times) * German language **any of the Germanic languages * German cuisine, traditional foods of Germany People * German (given name) * German (surname) * Germán, a Spanish name Places * German (parish), Isle of Man * German, Albania, or Gërmej * German, Bulgaria * German, Iran * German, North Macedonia * German, New York, U.S. * Agios Germanos, Greece Other uses * German (mythology), a South Slavic mythological being * Germans (band), a Canadian rock band * "German" (song), a 2019 song by No Money Enterprise * ''The German'', a 2008 short film * "The Germans", an episode of ''Fawlty Towers'' * ''The German'', a nickname for Congolese rebel André Kisase Ngandu See also * Germanic (other) * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Court Of Justice Of The European Union Case Law
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law. In both common law and civil law legal systems, courts are the central means for dispute resolution, and it is generally understood that all people have an ability to bring their claims before a court. Similarly, the rights of those accused of a crime include the right to present a defense before a court. The system of courts that interprets and applies the law is collectively known as the judiciary. The place where a court sits is known as a venue. The room where court proceedings occur is known as a courtroom, and the building as a courthouse; court facilities range from simple and very small facilities in rural communities to large complex facilities in urban communities. The practical authority given to the co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1997 In Case Law
File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic (1997 film), Titanic'', the List of highest-grossing films, highest-grossing movie in history at the time; ''Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of the most observed comet, comets of the 20th century; Golden Bauhinia Square, where sovereignty of Hong Kong is Handover of Hong Kong, handed over from the United Kingdom to the People's Republic of China; the 1997 Central European flood kills 114 people in the Czech Republic, Poland, and Germany; Korean Air Flight 801 crashes during heavy rain on Guam, killing 229; Mars Pathfinder and Sojourner (rover), Sojourner land on Mars; flowers left outside Kensington Palace following the death of Diana, Princess of Wales, in a car crash in Paris., 300x300px, thumb rect 0 0 200 200 Titanic (1997 film) rect 200 0 400 200 Harry Potter rect 400 0 600 200 Comet Hale-Bopp rect 0 200 300 400 Death of Diana ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
