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Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier - International and European Labour Law

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Edoardo Ales (Hrsg.), Mark Bell (Hrsg.), Olaf Deinert (Hrsg.), Sophie Robin-Olivier (Hrsg.)

International and European Labour Law

Reihe: Kooperationswerke Beck - Hart – Nomos

Band 2018

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Olaf Deinert Introduction: Working Conditions S. 934-937

„… PART 5 WORKING CONDITIONS Introduction: Working Conditions The safeguarding of fair and secure …” „… working conditions is the main objective of the ILO. On the one hand, the International Labour Conference …” „… out standards on working conditions. Besides equality law and health and safety at the workplace, it …”

Edoardo Ales Article 31 CFREU Fair and just working conditions S. 1207-1210

„… CHAPTER I EU LAW Article 31 CFREU Fair and just working conditions 1. Every worker has the right to …” „… working conditions which respect his or her health, safety and dignity. 2. Every worker has the right to …” „… . Although ambitiously headed ‘Fair and just working conditions’, Article 311 “limits” its scope to health …”

Article 31 CFREU Fair and just working conditions S. 219

„… comment by S Laulom on Part 5, Chapter I. Article 31 CFREU Fair and just working conditions For Article 31 …” „… have working conditions appropriate to their age and be protected against economic exploitation and any …” „… who can be lawfully employed, to put in place health and safety conditions appropriate to their age as …”

Karin Lukas Article 3 RESC The right to safe and healthy working conditions S. 264-272

„… safe and healthy working conditions1 With a view to ensuring the effective exercise of the right to …” „… safe and healthy working conditions, the Parties undertake, in consultation with employers’ and workers …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 I. Foreword The right to safe and healthy working conditions is a well-established and widely …”

Teun Jaspers Article 22 RESC The right to take part in the determination and improvement of the working conditions and working environment S. 330-336

„… conditions and working environment With a view to ensuring the effective exercise of the right of workers to …” „… take part in the determination and improvement of the working conditions and working environment in the …” „… improvement of the working conditions, work organisation and working environment; b. to the protection of …”

Martina Benecke Directive 94/33/EC on the protection of young people at work S. 1268-1285

„… that young people have working conditions which suit their age. They shall ensure that young people are …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 b) Prior authorisation of working conditions, authorisation procedure (paras 1, 2, 4 …” „… Directive combines provisions concerning health and safety with working conditions and employment rights.6 …”

Erika Kovács, Franz Marhold Article 2 RESC The right to just conditions of work S. 255-264

„… provides for the right to safe and healthy working conditions, since workers performing work above the …” „… shortening the amount of working hours taking also the national economic conditions, particularly …” „… productivity, into account. This progressive approach allows states to adjust working conditions to the actual …”

Antonio Riefoli ILO Convention 189 Domestic Workers Convention, 2011 (No. 189) S. 916-934

„… responsibility for protecting the basic working conditions of the worker, whilst giving states considerable …” „… their working and living conditions. Article 5 Article 5 Each Member shall take measures to ensure …” „… workers, like workers generally, enjoy fair terms of employment as well as decent working conditions and …”

Jean-Philippe Lhernould Directive 2008/104/EC on temporary agency work S. 894-906

„… the right to working conditions which respect his or her health, safety and dignity” (Art. 31). Its …” „… differences in the use of temporary agency work and in the legal situation, status and working conditions of …” „… ; (f) ‘basic working and employment conditions’ means working and employment conditions laid down by …”

Daniel Ulber ILO Convention 94 Labour Clauses (Public Contracts) Convention, 1949 (No. 94) S. 840-848

„… support a deterioration in working conditions by its procurement law. The ECJ has not stated whether ILO …” „… contractor, are bound by the working conditions as foreseen by Article 2. The public authorities are obliged …” „… fulfil the public contract, they receive the standard working conditions. These working conditions …”

Jean-Philippe Lhernould Directive 97/81/EC concerning the Framework Agreement on part-time work S. 872-882

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 1. The concept of “working conditions …” „… market must lead to an improvement in the living and working conditions of workers in the European …” „… concept of “working conditions” The concept of non-discrimination applies to “employment conditions”. In …”

Elaine Dewhurst Introduction: Labour Rights of Third-Country National Workers in the European Union S. 806-840

„… public authority, and conditions of employment and working conditions, including conditions regarding …” „… employment, working conditions including conditions regarding dismissal and remuneration, as well as equal …” „… the relevant national procedures; (b) working conditions, including pay and dismissal; (c) branches of …”

Elaine Dewhurst Article 19 RESC The right of migrant workers and their families to protection and assistance S. 313-316

„… and other employment and working conditions; b membership of trade unions and enjoyment of the …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Remuneration and Other Employment and Working Conditions . . . . . . . . 4 2. Membership of …” „… respect to remuneration, other employment and working conditions, membership of trade unions and the …”

Edoardo Ales ILO Convention 161 Occupational Health Services Convention, 1985 (No. 161) S. 1413-1428

„… working environment (para 6(3) Rec.); (ii) specify the cases and the conditions under which the …” „… workers’ health, the environmental health conditions at the workplace and the working conditions (para 7 …” „… and health impairment and to proposing measures for improving the working conditions and environment …”

Carla Spinelli ILO Convention 153 Hours of Work and Rest Periods (Road Transport) Convention, 1979 (No. 153) S. 1381-1392

„… working conditions and the lowering of the workers' protections for the persons engaged in this type of …” „… of the Convention do not have to be applied, due to particular working conditions, which ensure …” „… Labour Office shall present to the General Conference a report on the working of this Convention and …”

Edoardo Ales Article 153 TFEU S. 155-165

„… safety; (b) working conditions; (c) social security and social protection of workers; (d) protection of …” „… more stringent measures for the protection of working conditions whether compatible with the Treaty …” „… Agreement i.e. the promotion of employment, improved living and working conditions, proper social protection …”

Edoardo Ales ILO Convention 155 Occupational Safety and Health Convention, 1981 (No. 155) S. 1392-1413

„… occupations; the prevention amongst workers of departures from health caused by their working conditions; the …” „… to job demands, and the fulfilment of needs and expectations. Working conditions and the work …” „… measures in the field of working conditions consistent with the policy adopted in the field of OSH. On the …”

Vito Leccese Directive 2003/88/EC concerning certain aspects of the organisation of working time S. 1285-1321

„… ) Specific working conditions may have detrimental effects on the safety and health of workers. The …” „… ’ and harmonising conditions ‘while maintaining the improvements made’ in the area of the working …” „… working conditions, in art. 136 TEC, in force at the time when Dir. 2003/88 was adopted, and it has now …”

Sylvaine Laulom Directive 2001/23/EC on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights S. 996-1012

„… the Directive on collective redundancies (see above). Dir. 2001/23 Part 5 Working Conditions 996 …” „… lead to a reorganization and changes in working conditions of workers. However, since the adoption of …” „… Community. Dir. 2001/23 Part 5 Working Conditions 998 Sylvaine Laulom 6 7 8 9 10 the degree of similarity …”

Carla Spinelli ILO Convention 1 Hours of Work (Industry) Convention, 1919 (No. 1) S. 1321-1332

„… weekly working time as a first step to overcome injustice in labour conditions. More precisely, the …” „… day, week, month, or other reference period. According to the ILO Working Conditions Survey 2012, that …” „… such as stocktaking. 16 International Labour Office, Working Conditions Laws Report 2012: A Global …”

Marta Otto Regulation (EU) 2016/679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation – GDPR) S. 958-981

„… . GDPR Part 5 Working Conditions 958 Marta Otto 25 I. Foreword …” „… background for the introduction of the Regulation). 7 Recital 14. GDPR Part 5 Working Conditions 960 Marta …” „… other means (eg, information regarding their working conditions and hobbies) constitutes the processing …”

Carla Spinelli ILO Convention 47 Forty-Hour Week Convention, 1935 (No. 47) S. 1332-1336

„… Working Conditions Survey 2012, that in the first Chapter provides an overview of working time legislation …” „… take in order to create the conditions for the further reduction of working hours to 40 per week …” „… emergency endangering the national safety. The Convention provides for specific conditions for the …”

Martina Benecke Directive 92/85/EEC on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding S. 1252-1268

„… liable to involve a specific risk of exposure to the agents, processes or working conditions of which a …” „… take the necessary measures to ensure that, by temporarily adjusting the working conditions and/or the …” „… adjustment of her working conditions and/or working hours is not technically and/or objectively feasible, or …”

Helen Stalford Article 32 CFREU Prohibition of child labour and protection of young people at work S. 219-225

„… comment by S Laulom on Part 5, Chapter I. Article 31 CFREU Fair and just working conditions For Article 31 …” „… have working conditions appropriate to their age and be protected against economic exploitation and any …” „… on Working Conditions in this Commentary. 10 Regulation (EU) No 978/2012 of the European Parliament …”

Marie-Ange Moreau ILO Convention 29 Forced Labour Convention, 1930 (No. 29) S. 1049-1073

„… 29 Part 5 Working Conditions 1050 Marie-Ange Moreau 1 2 3 Rights international system of …” „… suppressed. C 29 Part 5 Working Conditions 1052 Marie-Ange Moreau 12 13 14 15 16 17 The interdiction of …” „… , http://www.ilo.org/global/topics/forced-labou r/WCMS_210827/lang--en/index.htm. C 29 Part 5 Working Conditions 1054 Marie-Ange Moreau 24 25 …”

A.C.L. Davies ILO Convention 181 Private Employment Agencies Convention, 1997 (No. 181) S. 911-916

„… ) working time and other working conditions; (e) statutory social security benefits; (f) access to training …” „… ) collective bargaining; (b) minimum wages; (c) working time and other working conditions; (d) statutory social …” „… basic working conditions of the worker, whilst giving states considerable discretion in how to apportion …”

Edoardo Ales Introduction: Occupational Health and Safety S. 1203-1207

„… and just working conditions 1. Every worker has the right to working conditions which respect his or …” „… ‘Fair and just working conditions’, Article 311 “limits” its scope to health, safety and dignity at work …” „… at work, on the one hand, and working time, rests and paid holiday, on the other. In fact, OHS and …”

Jule Mulder Directive 2006/54/EC on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) S. 547-586

„… ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63 d) Working conditions 14(1)(c …” „… employment, including promotion, and to vocational training; (b) working conditions, including pay; (c …” „… to occupation and employment. This includes access to employment, pay, dismissal, working conditions …”

Carla Spinelli ILO Convention 132 Holidays with Pay Convention (Revised), 1970 (No. 132) S. 1370-1381

„… (1966)3 as a manifestation of the right of everyone to fair and equitable working conditions. The …” „… least two consecutive weeks. According to the ILO Working Conditions Survey 2012, that in the first …” „… Office, Working Conditions Laws Report 2012: A Global Review, Geneva: ILO, 2013, p. 16-19. C 132 Part 6 …”

Eugenia Caracciolo di Torella ILO Convention 156 Workers with Family Responsibilities Convention, 1981 (No. 156) S. 1142-1149

„… and Article 3. C 156 Part 5 Working Conditions 1142 Eugenia Caracciolo di Torella 1 2 family …” „… Part 5 Working Conditions 1144 Eugenia Caracciolo di Torella 8 9 adopts this twenty-third day of June …” „… legislation. 2. 3. C 156 Part 5 Working Conditions 1146 Eugenia Caracciolo di Torella 12 13 14 Article 7 …”

Naj Ghosheh, Martine Humblet, Valerio De Stefano Maritime Labour Convention, 2006 (MLC, 2006) S. 1179-1200

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 MLC Part 5 Working Conditions 1180 Valerio De Stefano, Naj Ghosheh and Martine Humblet I …” „… Edition, Geneva, ILO. MLC Part 5 Working Conditions 1184 Valerio De Stefano, Naj Ghosheh and Martine …” „… 2.2.4.a. MLC Part 5 Working Conditions 1186 Valerio De Stefano, Naj Ghosheh and Martine Humblet 16 17 …”

Tzehainesh Teklè ILO Convention 100 Equal Remuneration Convention, 1951 (No. 100) S. 602-612

„… , published in 2016. C 100 Part 2 Equality Law 606 Tzehainesh Teklè 8 9 job, working day, conditions of …” „… working conditions entailed by these jobs. Such neglection and undervaluation is due to a great extent to …” „… ). Finally it is frequent not to take into account non-physical working conditions such as those having a …”

Jeff Kenner Article 151 TFEU S. 143-150

„… objectives the promotion of employment, improved living and working conditions, so as to make possible their …” „… harmonisation effect would improve working conditions and social welfare without the need for autonomous social …” „… power, at national level, to improve working conditions and strengthen social welfare.3 The only …”

Laura Calafà ILO Convention 140 Paid Educational Leave Convention, 1974 (No 140) S. 1136-1142

„… . 67 ILO CEACR General Survey (2012), para 407. C 140 Part 5 Working Conditions 1136 Laura Calafà 29 …” „… Working Conditions 1138 Laura Calafà 3 4 Article 8 Paid educational leave shall not be denied to workers …” „… Press, Oxford 2005). C 140 Part 5 Working Conditions 1140 Laura Calafà 7 8 9 10 posite objective …”

Siska Dubbert, Franz Christian Ebert ILO Convention 129 The Labour Inspection Convention (Agriculture), 1969 (No. 129) S. 1106-1120

„… , Geneva, 2008 (hereinafter: the “Social Justice Declaration”). C 129 Part 5 Working Conditions 1106 …” „… Part 5 Working Conditions 1108 Siska Dubbert and Franz Christian Ebert As opposed to Convention No …” „… . 55. 18 Ibid. 19 Ibid. C 129 Part 5 Working Conditions 1110 Siska Dubbert and Franz Christian Ebert …”

Franz Christian Ebert ILO Convention 182 Worst Forms of Child Labour Convention, 1999 (No. 182) S. 1165-1179

„… Part 5 Working Conditions 1166 Franz Christian Ebert 1 2 An ILO Fundamental Convention, this …” „… 182 Part 5 Working Conditions 1168 Franz Christian Ebert 4 5 tion.18 Similarly, not only possessing …” „… relate to the relevant working conditions rather than to the nature of the work as such.34 They could …”

David Fennelly International Covenant on Economic, Social and Cultural Rights: Articles 2 and 7 (ICESCR) S. 438-444

„… meaning to the concept of “just and favourable conditions of work”: remuneration; safe and healthy working …” „… skills, responsibilities, effort required and working conditions.25 17 General Comment No. 23 (n 16 …” „… ), for safe and healthy working conditions, and Article 7(d), for rest and leisure periods. At the same …”

Alexia Gardin Directive 1999/70/EC concerning the Framework Agreement on fixed-term work S. 882-894

„… concerning working conditions within the meaning of Article 5(1) of Directive 76/207 [2006/54], there is, in …” „… number of factors, such as the nature of the work, training requirements and working conditions, those …” „… Article 136 EC refers, and which are associated with the improvement of living and working conditions and …”

Edoardo Ales ILO Convention 187 Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187) S. 1437-1454

„… particular, (...) safe and healthy working conditions.” As highlighted by Survey 2017, para 105 fn. 152, the …” „… Office shall present to the General Conference a report on the working of this Convention and shall …” „… Convention, 1974 No. 139; Working Environment (Air Pollution, Noise and Vibration) Convention, 1977 No. 148 …”

Andreas Bücker Directive 91/533/EEC on an employer’s obligation to inform employees of the conditions applicable to the contract or employment relationship S. 948-958

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Dir. 91/533 Part 5 Working Conditions 948 Andreas Bücker 15 16 2. Article 2 …” „… published a proposal for a directive on transparent and predictable working conditions that is supposed to …” „… secure working conditions.8 The draft justifies the need for the replacement with significant changes in …”

Sudabeh Kamanabrou, Anne Christin Wietfeld Directive 2010/18/EU implementing the revised Framework Agreement on parental leave concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC S. 1026-1049

„… Cremers- Dir. 2010/18 Part 5 Working Conditions 1026 Sudabeh Kamanabrou and Anne Christin Wietfeld …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 a) Flexible working conditions, clause 6 para 1 …” „… Working Conditions 1028 Sudabeh Kamanabrou and Anne Christin Wietfeld 1 2 3 of All Forms of Discrimination …”

Ryszard Cholewinski ILO Conventions 97 and 143 Migration for Employment Convention (Revised), 1949 (No. 97) and Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) S. 848-868

„… in particular on equality of treatment in respect of working conditions, such as wages for migrant …” „… migrant workers, in particular domestic workers or caregivers, in relation to their working conditions …” „… regard to working conditions, for all migrant workers who perform the same activity whatever might be the …”

Claire La Hovary ILO Convention 95 The Protection of Wages Convention, 1949 (No. 95) S. 1093-1106

„… . 85). C 95 Part 5 Working Conditions 1094 Claire La Hovary 1 2 3 4 CEACR has noted, the provisions …” „… Working Conditions 1096 Claire La Hovary 7 8 represent legal tender. As the CEACR has stated, “this …” „… : General Survey on protection of wages, 2003, para 167. C 95 Part 5 Working Conditions 1098 Claire La …”

Siska Dubbert, Franz Christian Ebert ILO Convention 81 Labour Inspection Convention, 1949 (No. 81) S. 1073-1093

„… Survey on labour inspection, para 70. C 81 Part 5 Working Conditions 1076 Siska Dubbert and Franz …” „… labour inspection, 2006, para 80. C 81 Part 5 Working Conditions 1078 Siska Dubbert and Franz …” „… , 2006, para 214. 55 Ibid., para 204. C 81 Part 5 Working Conditions 1080 Siska Dubbert and Franz …”

Maria Teresa Carinci ILO Convention 158 Termination of Employment Convention, 1982 (No. 158) S. 1149-1165

„… regard- C 158 Part 5 Working Conditions 1150 Maria Teresa Carinci ing the categories excluded, and the …” „… period of one year with no protection against termination. C 158 Part 5 Working Conditions 1154 Maria …” „… “valid reason” for termination had to be provided by the employer. C 158 Part 5 Working Conditions …”

Claire La Hovary ILO Convention 138 Minimum Age Convention, 1973 (No. 138) S. 1124-1136

„… , International Labour Conference, 97th Session, C 138 Part 5 Working Conditions 1124 Claire La Hovary (ILO …” „… : targeting the intolerable, ILC 86th Session, p. 22). C 138 Part 5 Working Conditions 1126 Claire La …” „… Session, Geneva, 1972, pp. 48-50). C 138 Part 5 Working Conditions 1128 Claire La Hovary 6 7 5. Each …”

Sophie Robin-Olivier Non-Standard Work: Introduction S. 868-872

„… Proposal for a Directive on certain employment relationships with regard to working conditions, 1990, based …” „… Parliament and of the Council on transparent and predictable working conditions in the European Union, COM …” „… fair and just working conditions (article 31) or to equal treatment and non-discrimination (articles 20 …”

Directive 89/391/EEC on the introduction of measures to encourage improvements in the safety and health of workers at work Edoardo Ales S. 1210-1242

„… dealing with, is the harmonization of working conditions while the improvement is being maintained, which …” „… programme for workers aimed at the humanization of their living and working conditions, with particular …” „… states from maintaining or introducing more stringent measures for the protection of working conditions …”

Henner Gött Article 6 RESC The right to bargain collectively S. 286-297

„… RESC’s articles on working conditions, e.g. Art. 2, 3 and 4. Furthermore, the right to collective …” „… working conditions and working environment, is lex specialis to Art. 6 insofar as collective negotiations …” „… welfare, and other occupational issues (such as working conditions or vocational training).33 They must …”

Sylvaine Laulom Directive 98/59/EC on the approximation of the laws of the Member States relating to collective redundancies S. 981-996

„… working conditions, and the increased involvement of management and labour in the economic and social …” „… Treaty of Rome, Member States ‘agree upon the need to promote improved working conditions and an improved …” „… ; 21 December 2016, C-201/15 AGET Iraklis). Dir. 98/59 Part 5 Working Conditions 982 Sylvaine Laulom …”

Elaine Dewhurst Article 18 RESC The right to engage in a gainful occupation in the territory of other Parties S. 310-313

„… employment and working conditions; b membership of trade unions and enjoyment of the benefits of collective …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 1. Remuneration and Other Employment and Working Conditions . . . . . . . . 4 2. Membership of …” „… respect to remuneration, other employment and working conditions, membership of trade unions and the …”

Titelei/Inhaltsverzeichnis

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 30 CFREU 219 Fair and just working conditions …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Article 2 RESC 255 The right to safe and healthy working conditions …” „… right to take part in the determination and improvement of the working conditions and working …”

Orsola Razzolini Directive 2010/41/EU on the application of the principle of equal treatment between men and women S. 586-602

„… . One possibility would be to extend the meaning of ‘employment and working conditions, including …” „… ) to cover working conditions applied to self-employment contracts. However, the apparent simplicity of …” „… of the prohibition of direct or indirect discrimination on the ground of sex to conditions for access …”

Silvia Borelli Article 33 CFREU Family and professional life S. 225-234

„… between working parents, i.e. should support and foster men as carers. However, many analyses have shown …” „… which workers may exercise a degree of control over the organisation of their working hours (i.e. the …” „… strengthen the right to request flexible working arrangements for women and men with caring responsibilities …”

Daniel Ulber Article 28 CFREU Right of collective bargaining and action S. 1457-1492

„… to certain minimum working conditions, the employer enjoys long-term economic predictability. The …” „… coherent regulation of working conditions. This point of view refers to Article 6, para 2 ESC as well as …” „… the possibility to modify the working conditions through an agreement or a unilateral measure. 110 The …”

Edoardo Ales, Mark Bell Fundamental Provisions: Introduction S. 1-7

„… dismissal) and 31 (fair and just working conditions) in the chapter on Working Conditions. The comment on …” „… themes: equal opportunities and access to the labour market; fair working conditions; social protection …” „… international organisation devoted to the improvement of working conditions. The General Introduction to this …”

Article 4 ECHR Prohibition of slavery and forced labour Edoardo Ales S. 1200-1203

„… ECHR Part 5 Working Conditions 1200 Edoardo Ales 53 1 Article 4 ECHR does not provide definitions of …” „… Part 5 Working Conditions 1202 Edoardo Ales 8 9 10 11 PART 6 HEALTH AND SAFETY LAW Introduction …” „… impossibility of altering his condition”.5 The High Contracting Parties shall therefore foresee adequate …”

Teun Jaspers Article 21 RESC The right to information and consultation S. 319-330

„… or their representatives should be involved in determining working conditions, work organisation and …” „… working conditions and measures regarding the training of employees.55 Since the Charter itself does not …” „… conditions and working environment With a view to ensuring the effective exercise of the right of workers to …”

Vincenzo Pietrogiovanni ILO Convention 79 Night Work of Young Persons (Non-Industrial Occupations) Convention, 1946 (No. 79) S. 1336-1343

„… conditions necessitate different working time: the provision sets that signatory parties may fix another …” „… ); Wagstaff, Anthony Sverre and Sigstad Lie, Jenny-Anne, ‘Shift and night work and long working hours – a …” „… Convention applies to children and young persons employed for wages, or working directly or indirectly for …”

Vincenzo Pietrogiovanni ILO Convention 90 Night Work of Young Persons (Industry) Convention (Revised), 1948 (No. 90) (and ILO Convention 6 – Night Work of Young Persons (Industry) Convention, 1919 (No. 6)) S. 1355-1365

„… . The working conditions were very dangerous and unsecure for young employees’ health but also for their …” „… morality and their social life, but all these risks were even bigger during night period of working …” „… revision of the definitions of ‘industrial undertakings’ in order to meet conditions of modern economic …”

Massimo Pallini Article 62 TFEU S. 77-94

„… rules of law and collective bargaining with regard to minimum wage, working hours, employment conditions …” „… public authorities in monitoring compliance with legislation on working conditions’. Art. 56–62 TFEU …” „… the applicability of working conditions governed by the legal system of the host State with respect to …”

Edoardo Ales, Mark Bell, Olaf Deinert, Sophie Robin-Olivier General Introduction

„… work; • domestic workers. – Working Conditions: • prohibition of child labour and forced labour …” „… working conditions, freedom of association, and the right to engage in collective bargaining. These …” „… , it included a broad mandate to seek improvements in working conditions: ‘whereas conditions of labour …”

Ellen Birkhahn, Ulla Gläßer Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters S. 1650-1678

„… seqq., Art. 52 CFREU 2, 5 – working conditions 5 Introduction 8 Children – child labour 1 II Art. 32 …” „… Art. 19 RESC 4 – trade union membership 1 III Art. 19 RESC 5 – working conditions 1 III Art. 19 RESC …” „… social policy – working conditions 5 Introduction 5 et seqq. European Convention on Human Rights …”

Hélène Tissandier Directive 2008/94/EC on the protection of employees in the event of the insolvency of their employerOJ 2008 L 283/36-42. S. 1012-1026

„… activity. Dir. 2008/94 Part 5 Working Conditions 1014 Hélène Tissandier 5 6 Key definitions Insolvency …” „… . Dir. 2008/94 Part 5 Working Conditions 1016 Hélène Tissandier 12 13 guarantee, is fully covered by …” „… Visciano (2009) ECR I-6741. Dir. 2008/94 Part 5 Working Conditions 1018 Hélène Tissandier 17 18 19 20 21 …”

Vincenzo Pietrogiovanni ILO Convention 89 Night Work (Women) Convention (Revised) and P 89 – Protocol of 1990 to the Night Work (Women) Convention (Revised), 1948 S. 1343-1355

„… charge of tasks that require flexible working time. The same condition of non-application of the …” „… improvement of both men and women’s conditions in case of night work. The fact that ILO issued three …” „… working day and international protection of labour”.3 As said before, the main outcome of the …”

Marta Otto Article 8 CFREU Protection of personal data S. 937-942

„… jurisprudence, e.g.: R v Dyment [1988] 2 SCR 417, paras 20-22. Art. 8 CFREU Part 5 Working Conditions 938 …” „… CFREU Part 5 Working Conditions 942 Sylvaine Laulom 8 …” „… (concerning inter alia the issue whether the record of working time for each worker is covered by the concept …”

Vincenzo Pietrogiovanni ILO Convention 171 Night Work Convention, 1990 (No. 171) S. 1428-1437

„… improve the working and life conditions and ensuring the protection of night workers. It is the result of …” „… consideration the objective element (the working time) and the subjective element (the person working during …” „… circumstances or conditions. The first exempb) 2. C 171 Part 6 Health and Safety Law 1430 Vincenzo …”

Mark Bell Article 15 RESC The right of persons with disabilities to independence, social integration and participation in the life of the community S. 307-310

„… persons with disabilities in the ordinary working environment and to adjust the working conditions to the …” „… disabled persons. It did not explicitly create any obligation on employers to adapt working conditions to …” „… ’ employers to recruit people with disabilities, including through adjusting working conditions to their needs …”

Mark Bell Introduction S. 641-643

„… in the regulation of the working conditions of posted workers within the EU and the Convention is …” „… ensure that migrants who are working in another state enjoy legal protection in areas such as working …” „… conditions and social security. This chapter commences with analysis of EU legislation in relation to posted …”

Silvia Borelli Article 157 TFEU S. 176-188

„… improvement of the living and working conditions of their peoples”.5 Few years later, the Court counted the …” „… regards access to employment, vocational training and promotion, and working conditions [1976] OJ L039/40 …” „… ) and to vocational training, working conditions, membership of an organisation of workers or employers …”

Karin Lukas Article 7 RESC The right of children and young persons to protection S. 297-304

„… full benefit of their education; 4 to provide that the working hours of persons under 18 years of age …” „… normal working hours with the consent of the employer shall be treated as forming part of the working day …” „… the conditions of such work in practice, in particular by the monitoring activities of the Labour …”

Adalberto Perulli The Declaration of Philadelphia (DoP) S. 361-375

„… the improvement of working conditions, on the basis of a series of important principles and …” „… working conditions in which people can work in freedom, safety and dignity. In short, economic development …” „… “collective agreements” refers to: “(…) all agreements in writing regarding working conditions and terms of …”

Claire La Hovary ILO Convention 131 The Minimum Wage Fixing Convention, 1970 (No. 131) S. 1120-1124

„… . The main groups of workers excluded are agri- C 131 Part 5 Working Conditions 1120 Claire La Hovary …” „… ., para. 206. C 131 Part 5 Working Conditions 1122 Claire La Hovary 6 7 8 9 the process of minimum wage …” „… , International Labour Conference, 97th Session, C 138 Part 5 Working Conditions 1124 Claire La Hovary …”

Anne Trebilcock ILO Convention 87 Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), Convention 98 – Right to Organise and Collective Bargaining Convention, 1949 (No. 98) and Convention 154 – Collective Bargaining Convention, 1981 (No. 154) S. 1492-1513

„… contributes to the establishment of just and equitable working conditions and other benefits, thereby …” „… agreement on working hours, rest periods, wages, conditions of transfer, promotion, dismissal without notice …” „… working conditions and terms of employment; and/or (b) regulating relations between employers and workers …”

Pascale Lorber Directive 2002/14/EC establishing a general framework for informing and consulting employees in the European Community S. 1551-1567

„… working conditions, as well as threat to employment) and for a majority of enterprises (establishments of …” „… channels for a more regular dialogue on issues that impact on the workforce and their working conditions …” „… working conditions (article 4(2)(b) and (c)). In the first instance, the employer must inform on the …”

Giovanni Orlandini Article 45 TFEU S. 41-66

„… other conditions of work and employment. 3. It shall entail the right, subject to limitations justified …” „… territory of a Member State after having been employed in that State, subject to conditions which shall be …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 3. Conditions for retaining the status of worker …”

A.C.L. Davies ILO Convention 177 Home Work Convention, 1996 (No. 177) S. 909-911

„… , allowing the worker currently in a full-time job to opt for part-time working, or the worker currently in a …” „… part-time job to opt for full-time working (subject to appropriate safeguards for the employer, particularly …” „… home work and, where appropriate, conditions applicable to the same or a similar type of work carried …”

Siska Dubbert, Franz Christian Ebert ILO Convention 150 Labour Administration Convention, 1978 (No.150) S. 403-427

„… work and working life and terms of employment, draw attention to defects and abuses in such conditions …” „… limited to “conditions of work, “working life” and “terms of employment”.123 In this respect, the …” „… with other competent bodies, relating to the conditions of work and working life of appropriate …”

Sylvaine Laulom Article 30 CFREU Protection in the event of unjustified dismissal S. 942-948

„… CFREU Part 5 Working Conditions 942 Sylvaine Laulom 8 Foreword Writing in 1997, Couturier stated that …” „… Working Conditions 944 Sylvaine Laulom 5 6 7 provide for consultation with the trade unions and for …” „… , 16 January 2014, Dutka. Art. 30 CFREU Part 5 Working Conditions 946 Sylvaine Laulom 11 12 13 …”

Ségolène Barbou des Places Regulation (EU) 492/2011 on freedom of movement for workers within the Union S. 785-800

„… means to improve their living and working conditions and promoting their social advancement, Regulation …” „… “conditions of employment”. Logically it applies to working time, security and health protection. It also …” „… labour market.51 Accordingly, workers wishing to move must be informed of living and working conditions …”

Article 29 CFREU Right of access to placement services S. 218-219

„… , Chapter I. Article 31 CFREU Fair and just working conditions For Article 31, see the comment by E Ales on …” „… people and except for limited derogations. Young people admitted to work must have working conditions …” „… event before his employees are directly affected by the transfer as regards their conditions of work and …”

Article 30 CFREU Protection in the event of unjustified dismissal S. 219

„… comment by S Laulom on Part 5, Chapter I. Article 31 CFREU Fair and just working conditions For Article 31 …” „… have working conditions appropriate to their age and be protected against economic exploitation and any …” „… who can be lawfully employed, to put in place health and safety conditions appropriate to their age as …”

Edoardo Ales Article 29 CFREU Right of access to placement services S. 195-200

„… States are entitled to working conditions equivalent to those of citizens of the Union. Article 29 CFREU …” „… better matched with Article 31 CFREU, dealing, specifically, with “Fair and just working conditions”.3 A …” „… recognition of “the right to engage in work”, can be regarded the reference Article 15(3) makes to “working …”

Emmanuelle Mazuyer Article 4 RESC The right to a fair remuneration S. 272-277

„… termination of employment; 5. to permit deductions from wages only under conditions and to the extent …” „… wage-fixing machinery, or by other means appropriate to national conditions. Appendix Article 4, paragraph 4 …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 VI. Deductions from wages only under conditions and to the extent prescribed by national laws or …”

Edoardo Ales Directive 91/383/EEC supplementing the measures to encourage improvements in the safety and health at work of workers with a fixed-duration employment relationship or a temporary employment relationship S. 1242-1252

„… not justify different treatment with respect to working conditions inasmuch as the protection of …” „… justify different treatment with respect to working conditions” with reference to OHS, “especially as …” „… principle effective, Article 5(1) TAWD provides that “the basic working and employment conditions of …”

Antonio Lo Faro Article 155 TFEU S. 165-176

„… Transport Workers’ Federation (ETF) on certain aspects of the working conditions of mobile workers engaged …” „… Living and Working Conditions the task to verify social partners’ representativeness,21 thus conferring …” „… Foundation for the Improvement of Living and Working Conditions, The concept of representativeness at …”

Elise Muir, Lisa Waddington Directive 2000/78/EC establishing a general framework for equal treatment in employment and occupation S. 520-547

„… and working conditions, including dismissals and pay; (d) membership of, and involvement in, an …” „… guidance as to the required degree of limitation was situated within the context of employment and working …” „… arose in the case was whether Z’s condition amounted to a disability under the Employment Equality …”

A.C.L. Davies ILO Convention 175 Part-Time Work Convention, 1994 (No. 175) S. 906-909

„… promote the idea that part-time working should be freely chosen by the worker. Although the Convention has …” „… ) that full-time workers who are working reduced hours for economic reasons do not count as part-time …” „… different ideas about working hours and how to regulate them in different states. Article 3 allows states to …”

Sara Benedi Lahuerta Directive 2000/43/EC implementing the principle of equal treatment between persons irrespective of racial or ethnic origin S. 495-520

„… retraining, including practical work experience; (c) employment and working conditions, including dismissals …” „… discrimination in employment and working conditions, including promotion, pay and dismissal. In this regard, in …” „… provisions and conditions relating to the entry into and residence of third-country nationals and stateless …”

Edoardo Ales Article 1 RESC The right to work S. 253-255

„… employment, which extends to recruitment, employment conditions and benefits, and dismissal.6 Such a broad …” „… been taken into consideration by affirming that its terms and conditions, pay included, must be as …” „… acceptance of any job offer, whatever the pay and professional terms, as condition to remain within the …”

Annick Masselot, Bridgette McLellan Directive 79/7/EEC on the progressive implementation of the principle of equal treatment for men and women in matters of social security S. 466-481

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Conditions of treatment …” „… : Article 2 Article 2 This Directive shall apply to the working population – including self-employed persons …” „… employment.2 The definition provided in Article 2 divides the “working population” into three broad …”

Maurizio Del Conte, Elena Gramano ILO Convention 88 Employment Service Convention, 1948 (No. 88) S. 375-383

„… , challenges and opportunities’, [2015], ILO Working Paper; ILO, Anticipating and matching skills and jobs, ILO …” „… Regarding Convention No. 88, the Governing Body of Working Party on Policy regarding the revision of …” „… standards (Cartier Working Party) decided to maintain the status quo of the Convention, considering that no …”

Laura Tebano Article 109 TFEU S. 126-133

„… particular determine the conditions in which Article 108(3) shall apply and the categories of aid exempted …” „… release”22 in drafting exemption regulations because the Commission must specify the conditions provided …” „… aid for employment must specify the thresholds for aid and the conditions for cumulation of aid, but …”

David Fennelly Convention on the Elimination of All Forms of Discrimination against Women: Articles 1, 2, 3, 4 and 11 (CEDAW) S. 449-455

„… ; (f) The right to protection of health and to safety in working conditions, including the safeguarding …” „… security, referred to in Article 11(1)(e), and the right to safe and healthy working conditions, referred …” „… choice of profession and employment, the right to promotion, job security and all benefits and conditions …”

Eugenia Caracciolo di Torella Article 8 RESC The right of employed women to protection of maternity S. 304-307

„… in the ordinary working environment and to adjust the working conditions to the needs of the disabled …” „… Articles 12 and 13 on social security, Article 16 that ensures the necessary conditions for the full …” „… “sufficient” time off during working hours for the purpose of breastfeeding. All employed mothers in the …”

Myriam Benlolo Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States S. 692-713

„… legal basis that can be used only for people not working.2 The Directive then replaces a whole series of …” „… self-employed, people not working, pensioners or students. The Directive thus amends Council Regulation n …” „… directive. It lays down “a) the conditions governing the exercise of the right of free movement and …”

Anna Alaimo Article 101 TFEU S. 97-107

„… scheme set up in the CB Agreement contributed “to improving the working conditions of the employees, not …” „… working conditions42. It must be borne in mind that when the Court decided the first cases the primary law …” „… indirectly fix purchase or selling prices or any other trading conditions; (b) limit or control production …”

Anna Lawson United Nations Convention on the Rights of Persons with Disabilities (CRPD) S. 455-461

„… , safe and healthy working conditions, including protection from harassment, and the redress of …” „… disability with regard to all matters concerning all forms of employment, including conditions of recruitment …” „… , hiring and employment, continuance of employment, career advancement and safe and healthy working …”

Alexandre Defossez Directive 2014/67/EU on the enforcement of Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 677-692

„… of an abuse regarding terms and conditions of employment? Recital n° 11 DEP states that “where there …” „… returns to or is expected to resume working in the Member State from which he or she is posted after …” „… employee is expected to resume working in the country of origin after carrying out his tasks abroad”.20 …”

Felix Welti ILO Convention 159 Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) S. 635-641

„… working in another state enjoy legal protection in areas such as working conditions and social security …” „… physical or mental impairment. For C 159 disability is defined in relation to working life. This reflects …” „… accordance with national conditions, practice and possibilities, formulate, implement and periodically review …”

Fabienne Jault-Seseke Regulation (EC) No 1215/2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters (Brussels I Recast) S. 1643-1650

„… said this place is the one where the employee “has established the effective centre of his working …” „… “or from where”. When no effective centre of working activities can be determined, there is still an …” „… which or from which the employee actually carries out his working activities and, if there is no centre …”

Vania Brino ILO Convention 168 Employment Promotion and Protection against Unemployment Convention, 1988 (No. 168) S. 427-431

„… aspects of working conditions. Legislation on discrimination frequently does not prescribe a substantive …” „… and their families in healthy and reasonable living conditions (art. 16). Although economic support is …” „… non-working in addition to the unemployed, establishing that “each Member shall endeavour to extend the …”

Tzehainesh Teklè ILO Convention 111 Discrimination (Employment and Occupation) Convention, 1958 (No. 111) S. 612-630

„… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 II. Article 2: National conditions and practice …” „… their spiritual development in conditions of freedom and dignity, of economic security and equal …” „… situations “when they have the effect of imposing a requirement or condition on an individual of a particular …”

Laura Tebano Article 107 TFEU S. 117-125

„… economic areas, where such aid does not adversely affect trading conditions to an extent contrary to the …” „… trading conditions and competition in the Union to an extent that is contrary to the common interest; (e …” „… servants working in the Orange SA Case . . . . . . . . . . . . . . . 15 V. Aid granted by the State or …”

Alexandre Defossez Directive 96/71/EC concerning the posting of workers in the framework of the provision of services S. 643-664

„… ”? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 III. Article 3: A nucleus of terms and conditions of employment …” „… ? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 a) A list of terms and conditions: a floor or a ceiling …” „… workers referred to in Article 1 (3) (c) the terms and conditions which apply to temporary workers in the …”

Antonio Lo Faro Article 152 TFEU S. 150-155

„… workers' health and safety; (b) working conditions; (c) social security and social protection of workers …” „… States in the following fields: (a) improvement in particular of the working environment to protect …” „… , including co-determination, subject to paragraph 5; (g) conditions of employment for third-country nationals …”

Hélène Tissandier Article 25 RESC The right of workers to the protection of their claims in the event of the insolvency of their employer S. 339-343

„… in it but working abroad, on condition that they do not receive benefits from another state.11 States …” „… employees working in 1. 2. 4 Andorra, Armenia, Azerbaijan, Bosnia and Herzegovina, Georgia, Hungary, Italy …” „… ), an employer is considered to be in a state of insolvency when three conditions are met: the national …”

Silvia Borelli Article 23 CFREU Equality between women and men S. 209-214

„… as regards access to employment, vocational training and promotion, and working conditions [1976] OJ …” „… . Indeed, the latter concerns only working life while the former does not have any limit. Article 23(2), as …” „… women in working life”35 and the “actual instances of inequality which may exist in the reality of …”

Mark Bell Equality: Introduction S. 431-433

„… and/or through setting minimum standards on remuneration and other aspects of working conditions …” „… in the host state where they are working. The chapter on Workers’ Mobility in this Commentary …” „… examines EU legislation that contains important protections from discrimination for EU citizens working in …”

Achim Seifert ILO Convention 144 Tripartite Consultations, 1976 (No. 144) S. 391-403

„… [Sociaal-Economisch Raad (SER)]32 fulfil this requirement of Convention No 144 but only under the condition that the …” „… representative organisations of employers and workers are represented in these bodies; this condition is …” „… n° 84-558 du 4 juillet 1984 fixant les conditions de désignation des membres du Conseil économique …”

Marco Peruzzi Article 175 TFEU S. 188-195

„… of the Member States are entitled to working conditions equivalent to those of citizens of the Union …” „… and monetary 5 Commission Staff Working Document, ‘Lisbon Strategy Evaluation Document’, SEC(2010) 114 …” „… plan satisfies the conditions for that exemption to apply”;25 the rules governing regional State aid …”

Valérie Michel Directive 2005/36/EC on the recognition of professional qualifications S. 713-785

„… their family members may reside in the territory of the host Member State without any conditions. The …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 III. Recognition on the basis of coordination of minimum training conditions . . 78 IV. Doctors of …” „… the conditions set by the Directive, qualifications acquired in the home Member State of the migrant …”

Mark Bell Article 20 RESC The right to equal opportunities and equal treatment in matters of employment and occupation without discrimination on the grounds of sex S. 316-319

„… rehabilitation; c. terms of employment and working conditions, including remuneration; d. career development …” „… working with the Homeless (FEANTSA) v. the Netherlands 5 February 2014 Complaint No. 85/2012 ECSR Swedish …” „… working in ‘underground mining’ or other work that was ‘unsuitable for them’. In 1988, an Additional …”

Eugenia Caracciolo di Torella Article 27 RESC The right of workers with family responsibilities to equal opportunities and equal treatment S. 346-348

„… their needs in terms of conditions of employment and social security; Under this section measures need …” „… to be adopted concerning the length and organisation of working time. It implies that workers with …” „… after maternity leave, parental leave to take care of a child, the duration and conditions of which …”

Ségolène Barbou des Places Directive 2014/54/EU on measures facilitating the exercise of rights conferred on workers in the context of freedom of movement for workers S. 800-806

„… employment; (b) conditions of employment and work, in particular as regards remuneration, dismissal, health …” „… Staff working document impact assessment:8 it claimed that Policy option 2 (guidance documents) could be …” „… Article 1. 8 Commission Staff working document impact assessment – Accompanying the document Directive of …”

Edoardo Ales Article 5 CFREU Prohibition of slavery and forced labour S. 195

„… States are entitled to working conditions equivalent to those of citizens of the Union. Article 29 CFREU …”

Edoardo Ales Article 15 CFREU Freedom to choose an occupation and right to engage in work S. 195

„… States are entitled to working conditions equivalent to those of citizens of the Union. Article 29 CFREU …”

Giovanni Orlandini Article 48 TFEU S. 69-76

„… any State where they are working or residing. The norm is strictly linked to Article 45 TFEU and it …” „… of the Citizens Rights Directive that establish the conditions to be entitled to the right to …” „… have the aim to set the substantial conditions for their payment;15 equally to the other norms of the …”

Iacopo Senatori Directive 2005/56/EC on cross-border mergers of limited liability companies, Art 16 – Employee participation S. 1592-1601

„… , minority shareholders and employees (…), may, in certain circumstances and under certain conditions …” „… the regulation in force envisages a more complex and sophisticated range of conditions in which the …” „… general rule shall not apply. Such conditions can be brought back to two categories. The first category …”

Teun Jaspers Article 28 RESC The right of workers’ representatives to protection in the undertaking and facilities to be accorded to them S. 348-354

„… and improvement of the working conditions and working environment), Article 24 (the right to …” „… : representatives elected by the workers of the enterprise; working environment/health and safety representatives …”

Teun Jaspers Article 5 RESC The right to organise S. 277-286

„… are empowered to negotiate conditions of employment of these persons including remuneration.5 2 In …” „… lawfully resident or working regularly within the territory of another contracting party. That is congruent …” „… the right to negotiate their conditions of service and remuneration. If the restriction has the …”

Jeff Kenner Article 9 TFEU S. 13-21

„… ‘Social Europe’ Working Group of the European Convention responsible for drafting the European …” „… Constitution in the early 2000 s. In its final report, the Working Group stressed that social objec- 1. 1 See …” „… .15 8 European Convention Secretariat, ‘Final Report of Working Group XI on Social Europe’, CONV …”

David Fennelly International Convention on the Elimination of All Forms of Racial Discrimination: Articles 1, 2 and 5 (ICERD) S. 444-449

„… or naturalization, does so subject to the important condition that such provisions “do not …” „… working when they got married and had a baby and foreign nationals, such as the petitioner, who take their …” „… , to free choice of employment, to just and favourable conditions of work, to protection against …”

Anna Alaimo Article 106 TFEU S. 111-117

„… equal conditions of competition between the various operators on the market in dock-work services with …” „… activity in question in the same geographical area under substantially equivalent conditions”2 As we saw in …” „… not be supplied (or would be supplied under different conditions in terms of quality, safety …”

Mark Bell Article 14 ECHR Prohibition of discrimination S. 461-466

„… were subject to a ten year exclusion from working as public officials, as well as a range of private …” „… . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 2. Conditions of treatment …” „… : Article 2 Article 2 This Directive shall apply to the working population – including self-employed persons …”

Etienne Pataut Regulation (EC) No 593/2008 on the law applicable to contractual obligations (Rome I) – Articles 8 and 9 S. 664-674

„… posted in order to enforce the terms and conditions guaranteed by article 3 PWD. Two explanations may be …” „… contracts. The facts of the case are particularly relevant to that extent. The employee had been working for …” „… mandatory provisions render the performance of the contract unlawful”. Those strict conditions are to be …”

Iacopo Senatori Directive 2003/72/EC supplementing the Statute for a European Cooperative Society with regard to the involvement of employees S. 1567-1592

„… : http://www.epsu.org/sites/default/files/article/files/ec212_1st_phase_ ic_consultation_finalresponse_en.pdf. 56 Commission Staff Working Document …” „… forerunning model. The overall aim pursued by the European legislator was to provide equal conditions to the …” „… latter demands, as a condition for the registration of the SCE, the agreement on arrangements for …”

Massimiliano Delfino Article 52 CFREU Scope and interpretation of rights and principles S. 239-244

„… the conditions and within the limits defined by those Treaties. 3. In so far as this Charter contains …” „… contractual process to which it is party’ and from negotiating ‘the aspects determining changes in the working …” „… conditions of its employees with a view to its future economic activity’.15 V. Fundamental rights and the …”

Iacopo Senatori Directive 2009/38/EC on the establishment of a European Works Council S. 1601-1636

„… of employees appropriate for the particular conditions of the undertaking or group of undertakings …” „… and under the conditions provided for by Community law and national laws and practices (Article 27 of …” „… whether the conditions that give rise to such presumptions are concretely met, reference should be made …”

Adam Sagan Article 11 ECHR Freedom of assembly and association S. 1513-1534

„… the light of present-day conditions.9 The essence of the right to form and to join trade unions in …” „… had previously turned down an offer to be relocated to another working site.68 In Sigurður A …” „… regulate the conditions of membership, including but not limited to administrative formalities, fees, and …”

Elias Felten Directive 2001/86/EC supplementing the Statute for a European company with regard to the involvement of employees S. 1535-1551

„… of office. 2. Each Member State shall provide, in specific cases and under the conditions and limits …” „… opinions, on condition that, on the date of adoption of this Directive, such provisions already exist in …” „… substantial changes concerning organisation, introduction of new working methods or production processes …”

doi.org/10.5771/9783845266190

Finn Arnesen, Halvard Haukeland Fredriksen, Hans Petter Graver, Ola Mestad, Christoph Vedder - Agreement on the European Economic Area

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Finn Arnesen (Hrsg.), Halvard Haukeland Fredriksen (Hrsg.), Hans Petter Graver (Hrsg.), Ola Mestad (Hrsg.), Christoph Vedder (Hrsg.)

Agreement on the European Economic Area

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Tron Løkken Sundet Article 66 [Improvement of working conditions] S. 659-660

„… [Improvement of working conditions] The Contracting Parties agree upon the need to promote improved working …” „… TFEU.1 The need to promote improved working conditions and improved standard of living for workers2 is …” „… essentially an open-ended political declaration: Protecting social rights and improving working conditions …”

Tron Løkken Sundet Article 68 [Labour law] S. 664-677

„… , directives on parental leave, working time and other aspects of working conditions are incorporated: – Dir …” „… of the working conditions of mobile workers engaged in interoperable cross-border services in the …” „… The Working Time Directive (2003/88/EC) is both a health and safety measure and a work condition …”

Gunnar Thor Pétursson Article 9 [Origin of goods] S. 281-286

„… , that originating status can be conferred on a product by adding together working or processing carried …” „… whether the working or processing carried out on non-originating materials is sufficient for the final …” „… , the end product will only be given EEA originating status if the working or processing carried out in …”

Tron Løkken Sundet Article 67 [Health and safety of workers] S. 660-664

„… for the protection of working conditions compatible with this Agreement. 2. Annex XVIII specifies the …” „… negligence: He had not taken any precautions despite being familiar with the working conditions and having …” „… improvements, especially in the working environment, as regards the health and safety of workers. In order to …”

Titelei/Inhaltsverzeichnis

„… of working conditions ................................Article 66 659 Health and safety of workers …” „… Improvement of Living and Working Conditions Europol European Union Agency for Law Enforcement Cooperation …” „… , the conditions for implementing unilateral safeguard measures, cross-pillar dispute-resolution etc. In …”

Ole-Andreas Rognstad Article 65(2) [Intellectual property rights] S. 641-659

„… [Improvement of working conditions] The Contracting Parties agree upon the need to promote improved working …” „… TFEU.1 The need to promote improved working conditions and improved standard of living for workers2 is …” „… essentially an open-ended political declaration: Protecting social rights and improving working conditions …”

Thomas Chr. Poulsen Article 125 [The EEA Agreement and national systems of property ownership] S. 942-945

„… Treaty”.1 In Case E-2/06 ESA v Norway (Waterfalls),2 which concerned conditions for acquiring rights to …” „… whether the same measure would have been adopted in normal market conditions by a private investor.11 In …” „… Government has appointed a working group which shall assess these and other questions concerning a level …”

Index S. 1125-1141

„… II 71 2 Social policy – working conditions II 66 1 Social security coordination II 29 12 Solidarity …” „… 128 1 Accession clause II 128 2 Accession negotiation – terms and conditions II 128 12 Account …” „… Continental shelf II 74 8 Contract performance conditions II 65(1) 71 Contracting parties I EU 52; II 93 1 …”

Martin Hennig Article 47 [Scope of application] S. 500-517

„… prevention and working conditions for seafarers to the IMO and other international organisations.52 The EU …” „… secure fair wages and working conditions in international shipping were legitimate aims protected under …” „… the conditions under which non-resident carriers may operate transport services in a Member State, was …”

Finn Arnesen Article 126 [Territorial application of the EEA Agreement] S. 945-953

„… working group which shall assess these and other questions concerning a level playing field between public …” „… and private competitors. The working group shall finish its report by 1 January 2018. Article 126 …” „… Treaty establishing the European Economic Community is applied and under the conditions laid down in that …”

Halvard Haukeland Fredriksen, Jóhanna Jónsdóttir Article 14 [Authentic languages, ratification, deposit and entry into force] S. 1101-1103

„… Agreement shall accede to the present Agreement on such terms and conditions as may be laid down by common …” „… the date and under the conditions provided for in the Protocol Adjusting the Agreement on a Standing …” „… is the only one in use. English is the working language of the Standing Committee and the EFTA-pillar …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 99 [Participation of EFTA States in EU decision-shaping] S. 797-800

„… Council working groups, COREPER or in the Council itself). The significant moments of the procedure …” „… Committee is assisted by subcommittees and working groups, in which the various proposals and developments …” „… Government experts (working groups). In parallel with the procedure in the EEA Joint Committee, the EFTA …”

Karl Harald Søvig Article 69 [Equal pay for equal work] S. 677-683

„… between men and women in working life, equal treatment shall not prevent the EU Member States from …” „… protect workers’ social conditions within the internal market.2 This dual purpose was emphasised by the …” „… , Art. 69 is clearly both unconditional and sufficiently precise to fulfil the EU law conditions for the …”

Halvard Haukeland Fredriksen, Jóhanna Jónsdóttir Article 13 [Accession to the Agreement on a Standing Committee] S. 1101

„… Agreement shall accede to the present Agreement on such terms and conditions as may be laid down by common …” „… the date and under the conditions provided for in the Protocol Adjusting the Agreement on a Standing …” „… is the only one in use. English is the working language of the Standing Committee and the EFTA-pillar …”

Christian Frommelt Liechtenstein and the EEA S. 35-59

„… administrates its EEA membership. In 2015 there were 1’674 people working in the public administration of …” „… proper working of the EEA Agreement. Finally, it highlights the necessity of close cooperation between …” „… functioning of the European Economic Area (Commission Staff Working Document, Brussels 2012) 6. Liechtenstein …”

Finn Arnesen, Halvard Haukeland Fredriksen Preamble S. 150-171

„… full employment, an improved standard of living and improved working conditions within the European …” „… promote conditions for full employment, an improved standard of living and improved working conditions …” „… homogeneous European Economic Area, based on common rules and equal conditions of competition and providing …”

Halvard Haukeland Fredriksen, Jóhanna Jónsdóttir Article 12 [Withdrawal from the Agreement on a Standing Committee] S. 1100-1101

„… the EEA Agreement shall accede to the present Agreement on such terms and conditions as may be laid …” „… Agreement shall enter into force on the date and under the conditions provided for in the Protocol Adjusting …” „… , the English version of the Agreement is the only one in use. English is the working language of the …”

Finn Arnesen, Halvard Haukeland Fredriksen Article 1 [Object and purpose] S. 171-176

„… means to ensure economic growth, which, in turn, will help improve the living and working conditions of …” „… Contracting Parties with equal conditions of competition, and the respect of the same rules, with a view to …” „… aim of the EEA Agreement: the creation of a homogeneous European Economic Area with equal conditions …”

Christian Jordal, Gjermund Mathisen Article 63 [Specific provisions on State aid] S. 605-609

„… date of entry into force of the 1994 OECD Agreement Respecting Normal Competitive Conditions in the …” „… SCA state aid in the form of public service compensation that meets certain conditions. Such aid is …” „… certain categories of aid on compatibility conditions defined in detail in the Regulation. Such aid is …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 100 [Participation of EFTA States’ experts in the EU comitology system] S. 800-802

„… different directions and of particular experiences and conditions in the EFTA States not being taken into …” „… of (one or more of) the EFTA States on a proposed EU act, are prepared in the working groups …” „… , the right to participate is also limited to participation in working groups under a comitology …”

Dora Sif Tynes Article 89 [Responsibilities of the EEA Council] S. 777-779

„… , including the establishment of an Ad-hoc working group for this purpose. 7 Fenger, Rydelski and van Stiphout …” „… in accordance with the conditions to be laid down in its rules of procedure. 2. Decisions by the EEA …” „… . Decision-making in the EEA Council The conditions for the adoption of decisions by the EEA Council are laid down …”

Pål Wennerås Article 6 [Homogeneity] S. 209-248

„… improve employment and working conditions must, by virtue of their nature and purpose, be regarded as not …” „… .177 According to the EFTA Court, the notion of “employment and working conditions” only includes (1 …” „… limited to the establishment or improvement of working conditions of the workers… and go beyond the core …”

Håvard Ormberg Article 123 [National security and trade in arms] S. 929-939

„… that such measures do not impair the conditions of competition in respect of products not intended for …” „… to derogate the award of defence contracts, provided that the conditions are fulfilled. The …” „… into account the conditions defined by the TFEU and the ECJ.9 Since these cases unavoidably involve …”

Jóhanna Jónsdóttir Article 83 [Exchange of information between public authorities] S. 770-771

„… States are working on measures to make this process more streamlined and less time-consuming in order to …” „… to set out the conditions of their participation during the incorporation of the relevant act into …”

Convention establishing the European Free Trade Association EFTA Convention S. 1103-1125

„… , employment and working conditions as those accorded to nationals. Article 21 Coordination of social …” „… intellectual property rights, under fair conditions of competition; Building on their respective rights and …” „… conditions of competition, and the respect of equivalent rules, within the area of the Association; (b) the …”

Jóhanna Jónsdóttir Article 80 [Forms of cooperation] S. 757-763

„… Foundation for the Improvement of Living and Working Conditions (EUROFOUND), the European Agency for Safety …” „… ). The terms and conditions of the continued participation in the activity in question may be reviewed by …”

Finn Arnesen, Halvard Haukeland Fredriksen Contracting Parties S. 973-975

„… ECJ. The proposal has not been acted upon by the EFTA States. 9 Commission Staff Working document, ‘A …” „… freedoms and the conditions of competition; REITERATING that the EFTA Surveillance Authority and the …”

Ronny Gjendemsjø Article 53 [Agreements, decisions and concerted practices] S. 526-546

„… and working conditions.109 Both judgments are based on ECJ’s judgment in Albany.110 In LO the EFTA …” „… other trading conditions; (b) limit or control production, markets, technical development, or investment …” „… ; (c) share markets or sources of supply; (d) apply dissimilar conditions to equivalent transactions …”

Christian Jordal, Gjermund Mathisen Article 64 [Dispute resolution] S. 609-612

„… text of the aid measure, within 20 working days following its entry into force (Art. 11(a)). In 2017 …” „… Agreement and Article 5 of Protocol 14 is not in conformity with the maintenance of equal conditions of …”

Per Andreas Bjørgan Article 4 [Establishment of the EFTA Surveillance Authority] S. 984-987

„… common rules and equal conditions of competition. This means that the agreement shall be interpreted and …” „… working practices of ESA was in this regard already from the beginning based on the adoption of similar …”

Henrik Bull Article 21 [Border controls and cooperation in customs‑related matters] S. 341-349

„… ensure conditions of competition which will enable the other Contracting Parties to refrain from the …” „… Trade. Also states such as Norway were working on similar reforms. As a consequence of this, a new …” „… be claimed by the EU side to constitute a breach of implied conditions for EFTA participation, in …”

Karl Harald Søvig Article 70 [Equal treatment of men and women] S. 683-690

„… promotion, and working conditions, and Dir. 86/378/EEC on the implementation of the principle of equal …” „… that leads to different premiums and benefits for women and men is, on certain conditions, not regarded …”

Marthe Kristine Fjeld Dystland, Fredrik Bøckman Finstad, Ida Sørebø Article 102 [Amendments of Annexes, incooperation of EEA-relevant EU legislation] S. 803-819

„… usually made by the EFTA Secretariat in cooperation with EU and EFTA experts in the Working Groups, then …” „… standard sheets to the Secretariat, the act is normally discussed in the relevant EFTA Working Group, which …” „… the Secretariat and then being put on the agenda of the relevant EFTA Subcommittee.37 Where a Working …”

Ólafur Jóhannes Einarsson Article 31 [Freedom of establishment] S. 400-420

„… scope was limited to public authorities, as working conditions in the EEA States may be differently …” „… conditions laid down for its own nationals by the law of the country where such establishment is effected …” „… nationals generally, satisfy the conditions more easily. However, one must bear in mind the spe- 2 Case 2/74 …”

Simen Hammersvik Article 65(1) [Public procurement] S. 612-641

„… following two conditions: first, that the undertaking is effectively controlled by the State or another …” „… interest in obtaining the contract in question.55 This entails that the conditions and detailed rules of …” „… which are readily available to all interested undertakings in sufficient time and on equal conditions,57 …”

Fredrik Bøckman Finstad Norway and the EEA S. 59-80

„… workings of the EEA Agreement in Norway. To properly understand its practical and legal status, it is …” „… Court for a period of about a month twice a year to gain direct insight into the workings of the EEA …” „… ch. 7 pp. 118-135 and ch. 25, p. 789-804 and SWD (2012) 425 final Commission Staff Working Document …”

Christian Franklin Article 3 [Principle of loyalty] S. 180-196

„… Working Papers 2009/2. 8 M. Klamert, The Principle of Loyalty in EU Law, p. 298. 9 See generally e.g. M …” „… the one at hand, where no [document which certifies that an EEA resident working for his employer …” „… ensure that a Directive or Regulation which has been implemented and satisfies the general conditions of …”

Dora Sif Tynes Article 109 [The two-pillar surveillance system] S. 852-860

„… Commission therefore exchange information and consult 10 In 2015, the EU Working Group on the Food Chain, in …” „… and conditions as an EU Member State and request interim measures. The EFTA States have thus in this …”

Halvard Haukeland Fredriksen Article 111 [Dispute resolution in the EEA Joint Committee] S. 865-883

„… subjected to arbitration.68 It can be objected, however, that the conditions for the taking of such measures …” „… therefore be competent to assess the conditions for the taking of such measures. Still, in the case of …” „… Commission’s staff working document ‘A review of the functioning of the European Economic Area’, SWD (2012) 425 …”

Halvard Haukeland Fredriksen Article 105 [Homogeneous interpretation of EU and EEA law] S. 825-835

„… objective of a homogeneous European Economic Area with equal conditions for competition was to be guaranteed …” „… ‘cross-pillar’ disputes). As explained by Leif Sevón, who chaired the working-group on the institutional …”

Benedikt Pirker Switzerland and the EEA S. 80-101

„… living, employment and working conditions as the ones accorded to the own nationals of a contracting …”

doi.org/10.5771/9783845275796

Steve Peers, Tamara Hervey, Jeff Kenner, Angela Ward - The EU Charter of Fundamental Rights

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Steve Peers (Hrsg.), Tamara Hervey (Hrsg.), Jeff Kenner (Hrsg.), Angela Ward (Hrsg.)

The EU Charter of Fundamental Rights

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Alan Bogg Article 31 – Fair and Just Working Conditions S. 876-911

„… right to safe and healthy working conditions.Point 8 specifies that ‘every worker of the European …” „… Article 31Article 31Fair and Just Working Conditions1. Every worker has the right to working …” „… ‘working conditions’ is to be understood in the sense of Article 156 of the Treaty on the Functioning of …”

Diamond Ashiagbor Article 15 – Freedom to Choose an Occupation and Right to Engage in Work S. 466-479

„… , they are to be granted equivalent treatment to EU citizens in respect of their working conditions.B …” „… of the Member States are entitled to working conditions equivalent to those of citizens of the …” „… the Fundamental Social Rights of Workers of 9 December 1989. The expression ‘working conditions’ is to …”

Catherine Barnard Article 28 – Right of Collective Bargaining and Action S. 816-837

„… or more of the following:(a) terms and conditions of employment, or physical working conditions;(b …” „… all aspects of working conditions, wages, fringe benefits, job classifications, working hours, time …” „… aspects of the working conditions of mobile workers engaged in interoperable cross-border services in the …”

Appendix S. 1868-1903

„… training and promotion, and working conditions.The second paragraph takes over in shorter form Article …” „… national laws and practices. Appendix 1833Article 31Fair and just working conditions1. Every worker has …” „… the right to working conditions which respect his or her health, safety and dignity.2. Every worker …”

Charlotte O’Brien Article 26 – Integration of Persons with Disabilities S. 752-791

„… only refer to ‘access’ to social protection as opposed to conditions—‘certain delegations’ continue to …” „… Services’, Maastricht Working Papers (2008).Part I – Commentary on the Articles of the EU Charter710 …” „… indignity—conditions which are de-autonomising or disempowering, and which promote dependence. This reading could be …”

Dagmar Schiek Article 23 – Equality between Women and Men S. 676-703

„… training and promotion, and working conditions.The second paragraph takes over in shorter form Article …” „… employment and working conditions, including remuneration;d) career development, including promotion.The …” „… particular access to employment, remuneration, working conditions, social protection, education, vocational …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the EU Constitutional Edifice S. 1600-1637

„… of Conflict?’ (2012) EUI Working Papers, nº 22, available at: http://cadmus.eui.eu/handle …” „… Member State with ‘systemic deficiencies in the asylum procedure and [whose] reception conditions of …” „… . In that connection, it is for the national court to ascertain whether the conditions for granting …”

Helen Stalford Article 32 – Prohibition of Child Labour and Protection of Young People at Work S. 912-933

„… except for limited derogations.Young people admitted to work must have working conditions appropriate to …” „… living and working conditions and enhancing social protection (Art 151 TFEU). This regulatory area was no …” „… adaptation of Article 31 (relating to fair and just working conditions) to accommodate the specific interests …”

Cathryn Costello Article 33 – Family and Professional Life S. 934-969

„… training and promotion, and working conditions [1976] OJ L40, Art 2(1).22 Directive 2006/54/EC on the …” „… guarantee to ‘fair and just working conditions’ under Article 31. Article 31(1)’s guarantee of working …” „… Conaghan, ‘Time to Dream? Flexibility, Families, and the Regulation of Working Time’ in J Fudge and R Owens …”

Index S. 1904-1937

„… Workers, 642fair and just working conditions, 843–44, 846family and professional life, 914integration of …” „… of torture, 70unjustifi ed dismissal, 812working conditions, 849see also Rights of the elderly …” „… collective bargaining and action, 773–94fair and just working conditions, 833–68right to information, 749–71 …”

Filip Dorssemont Article 27 – Workers’ Right to Information and Consultation within the Undertaking S. 792-815

„… to working conditions which respect his or her health, safety and dignity) might be relevant for the …” „… essential to the issue of health and safety (the right to working conditions which respect his or her health …” „… the right to enjoy satisfactory health and safety conditions in his working environment.6 Article 22 …”

Herke Kranenborg Article 8 – Protection of Personal Data S. 266-309

„… above-mentioned Directive and Regulation contain conditions and limitations for the exercise of the right to the …” „… ’ >> ‘Opinions’ and Opinion 1/2012 of the Article 29 Working Party of 23 March 2012, to be found at …” „… these specifications is the condition that personal data must be processed on the basis of the consent …”

Diamond Ashiagbor Article 29 – Right of Access to Placement Services S. 838-847

„… information concerning living and working conditions and the state of the labour market ‘as is likely to be of …” „… in work such as the right to protection against unjustified dismissal and the right to working …” „… conditions which respect one’s health, safety and dignity. In contrast, other human rights instruments, most …”

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 144-163

„… to fair and just working conditions (Art 31) 4 Eg R Piotrowicz, ‘States’ Obligations under Human …” „… in particularly exploitative working conditions or to employ victims of trafficking in human beings …” „… person (Art 6) and the right to engage in work, freedom to choose an occupation and equality of working …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1498-1565

„… provision is made in the Treaties shall be exercised under the conditions and within the limits defined by …” „… that such rights remain subject to the conditions and limits applicable to the Union law on which they …” „… report of the Working Group on the Charter, which was established by the Giscard Constitutional …”

Eileen Denza Article 46 – Diplomatic and Consular Protection S. 1220-1239

„… conditions as the nationals of that State.Text of Explanatory Note on Article 46The right guaranteed in this …” „… the conditions defined in these two Articles.Select BibliographyCF Amerasinghe, Diplomatic Protection …” „… Working Paper 2011/10.P Okowa, ‘Admissibility and the Law on International Responsibility’, in MD Evans …”

Niilo Jääskinen Fundamental Social Rights in the Charter—Are They Rights? Are They Fundamental? S. 1746-1757

„… conditions, and the protection of family life afforded to the parents. I would also note the right to …” „… working life to the Community agenda as the first question where the Community legislator was confronted …” „… conventions, the application of that principle to the relations between the sexes in working life reflects the …”

Erika Szyszczak Article 36 – Access to Services of General Economic Interest S. 1012-1025

„… European Contract Law Working Paper No 2012-06, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2081943 …” „… care and the right to benefit from medical treatment under the conditions established by national laws …” „… take care that such services operate on the basis of principles and conditions, particularly economic …”

Paul Gragl Agreement on the Accession of the European Union to the European Convention on Human Rights S. 1768-1867

„… , the status of any respondent may be changed to that of a corespondent if the conditions in paragraph 2 …” „… given by the High Contracting Party concerned, it is plausible that the conditions in paragraph 2 or …” „… make ratification of the Convention a condition for EU membership, given that the Union itself is …”

Eleanor Spaventa Article 45 – Freedom of Movement and of Residence S. 1204-1219

„… rights are to be applied under the conditions and within the limits defined by the Treaties.Paragraph 2 …” „… TFEU/TEU Treaty-derived right must be exercised ‘under the conditions and within the limits’ defined by the …” „… Charter and Beyond, Jean Monnet Working Papers, 2001, http://centers.law.nyu.edu/jeanmonnet/archive/papers …”

Article 12 – Freedom of Assembly and of Association S. 384-421

„… strike over pay, working conditions and health and life insurance. The employer decided to assign some …” „… Regulation (EEC) 31,1 (EAEC) 11, laying down the Staff Regulations of Officials and the Conditions of …” „… Conditions of Employment for Staff (1998) which have been adopted by the Governing Council of the ECB are …”

Claire Kilpatrick Article 21 – Non-Discrimination S. 622-647

„… for the working conditions of those third country nationals allowed to work in the EU.14C. Sources of …” „… in the territories of the Member States are entitled to working conditions equivalent to those of …” „… differences of treatment based on nationality and is without prejudice to provisions and conditions relating …”

Robin White Article 34 – Social Security and Social Assistance S. 970-993

„… Article 14.8According to national authority, attempts to establish that certain conditions of entitlement …” „… work preparation programmes required as a condition of entitlement to unemployment benefit do not …” „… a fruitful basis for attacking the conditions of entitlement for social security benefits when read …”

Michele Everson, Rui Correia Gonçalves Article 16 – Freedom to Conduct a Business S. 480-507

„… ... [obliging] private individuals to guarantee fair and reasonable working conditions’, AG Trstenjak concluded …” „… ’, Eric Stein Working Paper No 1/2011 (Prague, Czech Society for European and Comparative Law, 2011) 2 …” „… deprivation of possessions and subjects it to certain conditions; the third rule recognises that the states …”

Pekka Aalto, Herwig CH Hofmann, Liisa Holopainen, Elina Paunio, Laurent Pech, Debbie Sayers, Dinah Shelton, Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1240-1319

„… tribunal in compliance with the conditions laid down in this Article.2. Everyone is entitled to a fair and …” „… kinds of remedies required, depending on the type of violation and the victim’s condition. The Committee …” „… economy, politics and employment. The Working Group on Involuntary or Enforced Disappearances also made …”

Paul Craig Article 41 – Right to Good Administration S. 1112-1141

„… 52(2) of the Charter, those rights are to be applied under the conditions and within the limits defined …” „… effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is …” „… on the assumption that the damage was the result of non-contractual liability, whereas this condition …”

Shazia Choudhry Article 7 – Right to Respect for Private and Family Life (Family Life Aspects) S. 226-265

„… field of equal treatment covering access to work, goods and services, training, promotion and working …” „… conditions, including equal pay and social security benefits.6 Of these provisions, a number have directly …” „… awareness about existing laws (Commission Staff Working Document, Background Document Accompanying the …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 848-875

„… the transfer involves a ‘substantial change’ in working conditions to the ‘detriment’ of the employee …” „… indirect discrimination in relation to employment and working conditions ‘including dismissals’. Equivalent …” „… workers and employers, including co-determination; and conditions of employment for third-country …”

Olivier De Schutter The Implementation of the Charter by the Institutions of the European Union S. 1670-1699

„… would be problematic. 24 On the conditions for accession related to human rights and democracy, as …” „… of Nice has expanded the conditions under which it may file actions for annulment before the Court of …” „… course of the negotiations between the European Commission and the US authorities, the Working Party set …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 648-675

„… just working conditions, to social security and social assistance, to healthcare and access to services …” „… , and constitute the official and working languages of the institutions.9 Regulations and other …” „… for the organisation to expect those working for it to comply with this ethic, even against their …”

Hanns Peter Nehl Article 48 – Presumption of Innocence and Right of Defence (Administrative Law) S. 1320-1345

„… behalf under the same conditions as witnesses against him; (e) to have the free assistance of an …” „… Fair Trial: no Need to Reform?’ The Global Competition Law Centre Working Papers Series, 04/08; I …” „… claiming the benefit of Article 101(3) TFEU shall bear the burden of proving that the conditions of that …”

Angela Ward Article 51 – Field of Application S. 1456-1497

„… Stein Working Paper No 1/2011.E Hanckox, ‘The meaning of “implementing” EU law under Article 51(1) of …” „… of the European Union after Lisbon’ EUI Working Paper 2010/6.J Laffranque (ed), The Protection of …” „… of conflict?’ EUI Working Paper, Department of Law 2012/22.—— and P Miklaszewicz ‘Horizontal Effect …”

Maarten den Heijer Article 18 – Right to Asylum S. 562-585

„… 15(3), guaranteeing equivalent working conditions for nationals of third countries who are authorised …” „… the Reception Conditions Directive, but, like the United Kingdom, only partakes in the revised Dublin …” „… the place and conditions of detention of asylum-seekers, pending a procedure to decide on their right …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 422-443

„… Parmentier and the LERU Working Group on Human Rights, ‘Academic Freedom as a Fundamental Right’, December …” „… constitutes ‘one of the essential foundations of [a democratic] society, one of the basic conditions for its …” „… to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary …”

Mats Lindfelt Article 44 – Right to Petition S. 1194-1203

„… ) of the Charter, it applies under the conditions defined in these two Articles.Select Bibliography …” „… violated has the right to an effective remedy before a tribunal in compliance with the conditions laid down …” „… Rights The Charter guarantees the right to petition under the same conditions as provided for in Articles …”

Kees Groenendijk Article 40 – Right to Vote and to Stand as a Candidate at Municipal Elections S. 1100-1111

„… State in which he or she resides under the same conditions as nationals of that State.Text of …” „… ). In accordance with Article 52(2) of the Charter, it applies under the conditions defined in these …” „… ballot, under conditions which will ensure the free expression of the opinion of the people in the choice …”

Catherine Dupré Article 1 – Human Dignity S. 44-67

„… and promotion, and working conditions;7 Directive 75/117/EEC on equal treatment for men and women;8 …” „… dignified standard of living and comparable living conditions in all Member States’ under the Reception …” „… conditions Directive (preamble, para 7).4 This Directive pays particular attention to issues such as …”

Tamara Hervey, Jean McHale Article 35 – The Right to Health Care S. 994-1011

„… Articles of the EU Charter954 Tamara Hervey and Jean McHalesanitation, safe working conditions and …” „… care and the right to benefit from medical treatment under the conditions established by national laws …” „… competence,2 as Article 35 itself notes (‘under the conditions established by 1 On the meaning of this …”

Gisella Gori Article 14 – Right to Education S. 444-465

„… extensive interpretation of the retention of the status of worker and the link between the previous working …” „… – Commentary on the Articles of the EU CharterDirective 2004/38, which establishes the following conditions …” „… of movement and residence of EU citizens are subject to the limitations and conditions laid down not …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 164-195

„… policy which bear upon personal liberty. The Asylum Reception Conditions Directive11 partially regulates …” „… of the new Directive on Reception Conditions and the Dublin II Regulation.15In relation to non-asylum …” „… Conditions. See European Commission, Amended proposal for a Directive of the European Parliament and of the …”

Manfred Nowak, Anne Charbord Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 104-143

„… States and EU institutions on JHA, a number of working parties and committees,3 as well as specialised …” „… . This means, inter alia, ensuring that prison conditions and prison regimes do 9 The adoption of a …” „… case of an extradition where the sending state knew or ought to have known that conditions of detention …”

Deirdre Curtin, Joana Mendes Article 42 – Right of Access to Documents S. 1142-1163

„… with Article 52(2) of the Charter, the right of access to documents is exercised under the conditions …” „… the EC Treaty), it needs to be exercised under the conditions and within the limits defined in the …” „… access to documents be subject to ‘the principles and the conditions’ defined in accordance with that …”

Lamin Khadar, Jo Shaw Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament S. 1070-1099

„… the European Parliament in the Member State in which he or she resides, under the same conditions as …” „… conditions laid down in the Treaties, in accordance with Article 52(2) of the Charter. Article 39(1 …” „… secret ballot, under conditions which will ensure the free expression of the opinion of the people in the …”

Elspeth Guild Article 19 – Protection in the Event of Removal, Expulsion or Extradition S. 586-605

„… the conditions set out in Directive 2004/38, on the free movement rights of EU citizens and their …” „… the conditions for the expulsion of third country nationals, it must be applied in full compliance …” „… Canary Islands.’ CEPS Working Documents 261 (2007); A Baldaccini, ‘Extraterritorial border controls in …”

Shazia Choudhry Article 9 – Right to Marry and Right to Found a Family S. 310-333

„… women as regards access to employment, vocational training and promotion, and working conditions (text …” „… certain conditions which have been implied into the right to marry by a range of national and …” „… of the ECHR. These conditions refer to two main areas of concern. The first is the need to ensure …”

Article 17 – Right to Property S. 508-561

„… in the public interest and in the cases and under the conditions provided for by law, subject to fair …” „… subject to the conditions provided for by law and by the general principles of international law.The …” „… his assistant Ass jur Jennifer Ricketts for working on an English draft of this article and his …”

Colm O’Cinneide Article 25 – The Rights of the Elderly S. 736-751

„… Commissioner for Human Rights reached similar conclusions,17 and an Openended Working Group on Ageing has been …” „… participation in decisions concerning living conditions in the institution. 17 E/2012/51, 20 April 2012.18 …” „… ages, and many often choose to continue working beyond the ‘normal’ retirement age for their particular …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 354-383

„… to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary …” „… Article 10(2) ECHR. Article 10(2) provides three conditions for the limitation of rights in Article 10(1 …” „… political discussions or other political activity during working hours or on official premises. Spain …”

Ruth Lamont Article 24 – The Rights of the Child S. 704-735

„… was parasitic on the 6 Commission Staff Working Document ‘Preliminary Inventory of EU Actions …” „… the age at which children can enter into work and the conditions in which they should work to ensure …” „… Under Article 31(6), Directive 2011/95, individuals working with unaccompanied minors seeking asylum …”

Jens Vested-Hansen Article 7 – Respect for Private and Family Life (Private Life, Home and Communications) S. 196-225

„… Niemietz judgment, and to the principle of dynamic interpretation in the light of present-day conditions …” „… their working lives that the majority of people have a significant, if not the greatest, opportunity of …” „… principle of dynamic interpretation in the light of present-day conditions, the Court considered that the …”

Sabine Michalowski Article 3 – Right to the Integrity of the Person S. 82-103

„… sub-section entitled “Social and working conditions, especially during the pregnancy”, simply stated: “Patient …” „… sufficiently accurate in terms of conditions and/or diseases potentially transmissible from donor to …” „… , while Member States may define the conditions under which compensation may be granted to donors, such …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1416-1455

„… Officials and the Conditions of Employment of Other Servants of the European Communities [1962] OJ L45/1385 …”

Elisa Morgera, Gracia Marín Durán Article 37 – Environmental Protection S. 1026-1047

„… in Post-Lisbon Europe, EUI Working Papers LAW 2011/08, p 8, on the basis of Case C-260/89 Elliniki …” „… ; environmental conditions in the various regions of the EU; potential benefits and costs of action or lack of …” „… complete information on the state of the environment and the causes and consequences of its condition’.45 …”

Gabriel N Toggenburg The EU Fundamental Rights Agency and the Fundamental Rights Charter: How Fundamental is the Link Between them? S. 1656-1669

„… placement services (Art 29); fair and just working conditions (Art 31); social security and social …”

Titelei/Inhaltsverzeichnis S. 1-43

„… .................................................................................................................832Article 31 – Fair and Just Working Conditions …”

Anthony Arnull Protocol (No 30) on the Application of the Charter of Fundamental Rights of the European Union to Poland and the United Kingdom S. 1638-1655

„… cannot be unaware that systemic deficiencies in the asylum procedure and in the reception conditions of …” „… on the organisation of working time, [2003] OJ L299/9.68 See Piris (n 14) 161.69 See n 18, para …”

doi.org/10.5771/9783845259055

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Steve Peers (Hrsg.), Tamara Hervey (Hrsg.), Jeff Kenner (Hrsg.), Angela Ward (Hrsg.)

The EU Charter of Fundamental Rights

2022

Treffer in den folgenden Teilen:

Alan Bogg, Michael Ford Article 31 – Fair and Just Working Conditions S. 875-922

„… Article 31 Article 31 Fair and Just Working Conditions 1. Every worker has the right to working …” „… expression ‘ working conditions ’ is to be understood in the sense of Article 156 of the Treaty on the …” „… Just Working Conditions ’ , in T Hervey and J Kenner (eds), Economic and Social Rights under the …”

Appendix S. 1891-1926

„… access to employment, vocational training and promotion, and working conditions.The second paragraph …” „… national laws and practices. Appendix 1899Article 31Fair and just working conditions1. Every worker has …” „… the right to working conditions which respect his or her health, safety and dignity.2. Every worker …”

Eleni Frantziou, Virginia Mantouvalou Article 15 – Freedom to Choose an Occupation and Right to Engage in Work S. 449-462

„… work in the territories of the Member States are entitled to working conditions equivalent to those of …” „… ‘ working conditions ’ is to be understood in the sense of Article 156 of the Treaty on the Functioning of …” „… their working conditions. B. Interrelationship of Article 15 with Other Provisions of the Charter The …”

Helen Stalford, Nuno Ferreira Article 32 – Prohibition of Child Labour and Protection of Young People at Work S. 923-942

„… working conditions appropriate to their age and be protected against economic exploitation and any work …” „… objectives of promot-ing employment, improving living and working conditions and enhancing social protection …” „… as an adaptation of Article 31 (relating to fair and just working conditions) to accommodate the …”

Index S. 1927-1968

„… experimentation on human beings, 65 , 67 , 407 , 411 fair and just working conditions, 911 – 12 forced …” „… working conditions, 881 – 82 , 885 , 911 – 12 freedom of assembly and association, 378 – 79 , 383 …” „… unjustifi ed dismissal, 846 working conditions, 880 – 81 see Rights of the elderly (Article 25 …”

Jeff Kenner, Katrina Peake Article 33 – Family and Professional Life S. 943-984

„… employment, vocational training and promotion, and working conditions [1976] OJ L40, Art 2(1). 26 …” „… conditions ’ under Article 31. Article 31(1) ’ s guarantee of working conditions in keeping with the worker …” „… worker is at ‘ specifi c risk of exposure to the agents, processes or working conditions of which a …”

Jeff Kenner Article 30 – Protection in the Event of Unjustifi ed Dismissal S. 837-874

„… predictable working conditions in the European Union [ 2019 ] OJ L186/105 . 13 Ibid, Art 4(2)(j). 14 …” „… into legal effect by Directive 2019/1152 on Transparent and Predictable Working Conditions. 12 The …” „… contract is terminated because the transfer involves a ‘ substantial change ’ in working conditions to the …”

Catherine Barnard Article 28 – Right of Collective Bargaining and Action S. 801-826

„… place between employer and employees so as to determine working conditions. However, where the rights …” „… Catherine Barnard 813 64 Commission, Comparative Study on Rules Governing Working Conditions in the …” „… aspects of work-ing conditions, wages, fringe benefits, job classifications, working hours, time off …”

Niilo Jääskinen Fundamental Social Rights in the Charter – Are They Rights? Are They Fundamental? S. 1855-1870

„… to fair and just working conditions and the prohibition of child labour and protection of young …” „… action can be found in Commission v Germany 37 and to Article 31 on fair and just working conditions in …” „… , Georges Erny and Surjit Singh Bedi . 43 Article 31 on fair and just working conditions was found to …”

Filip Dorssemont Article 27 – Workers’ Right to Information and Consultation within the Undertaking S. 779-800

„… the Charter (the right to working conditions which respect his or her health, safety and dignity …” „… worker involvement is essential to the issue of health and safety (the right to working conditions which …” „… them ’ in view of the right to enjoy satisfactory health and safety conditions in his working …”

Erika Szyszczak Article 36 – Access to Services of General Economic Interest S. 1025-1040

„… 2012-67, Centre for the Study of European Contract Law Working Paper No 2012-06 …” „… preventative health care and the right to benefit from medical treatment under the conditions established by …” „… Law Working Paper 04/2014 ; C Kilpatrick and B De Witte (eds), Social Rights in Times of Crisis …”

Jeff Kenner Article 29 – Right of Access to Placement Services S. 827-836

„… information concerning living and working conditions and the state of the labour market ‘ as is likely to be …” „… the right to working conditions which respect one ’ s health, safety and dignity. In contrast, other …” „… , The PES Network Working Paper: The Future of Work, Implication and Responses by the PES Network …”

Charlotte O’Brien Article 26 – Integration of Persons with Disabilities S. 743-778

„… through conditions that de-autonomise or disempower, and which promote dependence. This reading could be …” „… congruent with the social model of disability, 32 tying indignity to disabling environments and conditions …” „… disabling conditions. Indeed, it has been argued that the categories of disabled/non-disabled are artifi …”

Heli Askola Article 5 – Prohibition of Slavery and Forced Labour S. 93-114

„… engage in work, freedom to choose an occupation and equality of working conditions (Art 15). ‘ Equality …” „… fair and just working conditions (Art 31) and the prohibition of child labour and protection of young …” „… exploitative working conditions or to employ victims of trafficking (Art 9). Questions can, however, be asked …”

Oxana Golynker Article 34 – Social Security and Social Assistance S. 985-1006

„… establish that certain conditions of entitlement to social security involve conduct which falls within …” „… as a working prisoner, the applicant was in a relevantly similar situation to ordinary employees. 13 …” „… There have been attempts to rely on Article 4 to challenge conditions attached to entitlement to …”

Steve Peers, Sacha Prechal Article 52 – Scope and Interpretation of Rights and Principles S. 1611-1674

„… conditions and within the limits defined by those Treaties. 3. In so far as this Charter contains rights …” „… rights derived from Union citizenship). It clarifies that such rights remain subject to the conditions …” „… rationale for the fourth to sixth paragraphs was set out in the fi nal report of the Working Group on the …”

Eileen Denza Article 46 – Diplomatic and Consular Protection S. 1227-1244

„… same conditions as the nationals of that State. Text of Explanatory Note on Article 46 The right …” „… applies under the conditions defined in these two Articles. Select Bibliography CF Amerasinghe …” „… , EUI Working Paper 2011/10 . P Okowa , ‘ Admissibility and the Law on International Responsibility …”

Eleanor Spaventa Article 45 – Freedom of Movement and of Residence S. 1211-1226

„… , those rights are to be applied under the conditions and within the limits defined by the Treaties …” „… must be exercised ‘ under the conditions and within the limits ’ defined by the relevant Treaty itself …” „… , Human Rights: the Charter and Beyond, Jean Monnet Working Papers , 2001 …”

Kees Groenendijk Article 40 – Right to Vote and to Stand as a Candidate at Municipal Elections S. 1113-1124

„… Member State in which he or she resides under the same conditions as nationals of that State. Text of …” „… that right). In accor-dance with Article 52(2) of the Charter, it applies under the conditions defined …” „… reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion …”

Filip Dorssemont Article 12 (1) – Freedom of Assembly and of Association S. 371-394

„… over pay, working conditions and health and life insurance. The employer decided to assign some DUR …” „… ) 31, 1 (EAEC) 11, laying down the Staff Regulations of Offi cials and the Conditions of Employment of …” „… European institutions. The European Central Bank is not covered by these Regulations. The Conditions of …”

Gisella Gori Article 14 – Right to Education S. 429-448

„… previous working activity and the studies engaged were the basic criteria referred to by the Court in its …” „… Directive 2004/38, which establishes the following conditions students must fulfi l to enjoy the right of …” „… subject to the limitations and conditions laid down not only by the Treaty, but also by secondary …”

Herke Kranenborg Article 8 – Protection of Personal Data S. 231-290

„… contain conditions and limitations for the exercise of the right to the protection of personal data …” „… TEU do not lay down in a more specific manner the conditions under which personal data may be …” „… > > ‘ Publications ’ > > ‘ Speeches ’ , p 4. 56 See on the relationship between this particular condition in Art …”

Claire Kilpatrick, Hanna Eklund Article 21 – Non-Discrimination S. 613-638

„… States are entitled to work-ing conditions equivalent to those of citizens of the Union. ’ contained in …” „… equal treatment guarantee for the working conditions of those third-country nationals allowed to work in …” „… ’ rights ( EUI Working Paper, RSCAS 2020/75 ). Part I – Commentary on the Articles of the EU Charter614 …”

Angela Ward Article 51 – Field of Application S. 1553-1610

„… Stein Working Paper No 1/2011 . E Hancox , ‘ The meaning of “ implementing ” EU law under Article …” „… European Union after Lisbon ’ EUI Working Paper 2010/6 . — — ‘ On the relationship between EU …” „… Application of the Charter of Fundamental Rights of the European Union: Fields of conflict ? ’ EUI Working …”

Dagmar Schiek, Biljana Kotevska Article 23 – Equality between Women and Men S. 667-692

„… training and promotion, and working conditions. The second paragraph takes over in shorter form Article …” „… ) vocational guidance, training, retraining and rehabilitation; c) terms of employment and working conditions …” „… training and promotion, and working conditions [ 1976 ] OJ L39/40 , now super-seded by Directive 2006/54 …”

Michelle Everson, Rui Correia Gonçalves Article 16 – Freedom to Conduct a Business S. 463-488

„… to which it is party and to negotiate the aspects determining changes in the working conditions of …” „… on Member States ’ Action: In Search of Certainty in EU Adjudication ’ , Eric Stein Working Paper No …” „… possessions and subjects it to certain conditions; the third rule recognises that the States are entitled to …”

Debbie Sayers Article 13 – Freedom of the Arts and Sciences S. 405-428

„… Working Group on Human Rights , ‘ Academic Freedom as a Fundamental Right ’ , December 2010 . J …” „… essential foundations of [a democratic] society, one of the basic conditions for its progress and for the …” „… formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic …”

Rachael Craufurd Smith Article 22 – Cultural, Religious and Linguistic Diversity S. 639-666

„… rights in Chapter IV (particularly those to fair and just working conditions, to social security and …” „… , as amended, and constitute the offi cial and working languages of the institutions. 10 Regulations …” „… SAS v France on the basis that they were designed to preserve the conditions under which individuals …”

Paul Craig Article 41 – The Right to Good Administration S. 1125-1152

„… applied under the conditions and within the limits defined by the Treaties. The right to an effective …” „… tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and …” „… on the assumption that the damage was the result of non-contractual liability, whereas this condition …”

Koen Lenaerts, José Antonio Gutiérrez-Fons The Place of the Charter in the European Legal Space S. 1711-1734

„… observed that the claim against the state only covered the period after the 60th working day following the …” „… implement the conditions that the EU had attached to the grant of fi nancial assistance to that Member State …” „… of annual leave (beyond the minimum set by EU law) and, where appropriate, certain conditions under …”

Angela Ward Article 47 – Right to an Effective Remedy and to a Fair Trial S. 1245-1384

„… before a tribunal in compliance with the conditions laid down in this Article. 2. Everyone is entitled …” „… Space ’ [ 2019 ] University of Luxembourg Law Working Paper No 003 – 2019 . — — ‘ Composite decision …” „… 2020 ’ in RECONNECT Working Paper no 8 , May 2020 . — — , ‘A Court of Justice Protecting Polish …”

Mats Lindfelt Article 44 – Right to Petition S. 1199-1210

„… Article 52(2) of the Charter, it applies under the conditions defined in these two Articles. Select …” „… Union shall be exercised under the Conditions and within the Limits defi ned by those treaties ’ . Art …” „… before a tribunal in compliance with the conditions laid down in this Article. ’ This article is …”

Ivan Lazarov Article 42 – Right of Access to Documents S. 1153-1172

„… conditions and within the limits for which provision is made in Article 15(3) of the Treaty on the …” „… , whatever their medium, subject to the principles and the conditions to be defi ned in accordance with this …” „… , Magyar Helsinki Bizotts á g v Hungary , spells out in great detail the conditions for access to …”

Jo Shaw, Lamin Khadar Article 12 (2) – Freedom of Assembly and of Association S. 395-404

„… Parliament in the Member State in which they reside, under the same conditions as nationals of that state …” „… responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by …” „… to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure …”

Hanns Peter Nehl Article 48 (Administrative Law) – Presumption of Innocence and Right of Defence S. 1385-1412

„… of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free …” „… Fair Trial: No Need to Reform ? ’ , The Global Competition Law Centre Working Papers Series, 04/08; I …” „… bear the burden of proving that the conditions of that paragraph are fulfilled. This rule is consistent …”

Maarten den Heijer Article 18 – Right to Asylum S. 551-572

„… equivalent working conditions for nationals of third countries who are authorised to work, and Article 47 …” „… Reception Conditions Directive, but, like the United Kingdom, only partakes in the revised Dublin Regulation …” „… interpreting and applying human rights. The ECtHR has for example held that the place and conditions of …”

Miriam Kullmann Article 7 (Family Life Aspects) – Right to Respect for Private and Family Life S. 195-230

„… covering access to work, goods and services, training, promotion and working conditions, including equal …” „… Rights of the Child ’ , COM (2011) 60 fi nal. 37 Commission Staff Working Document ‘ Preliminary …” „… reside freely on the territory of the Union, subject to the limitations and conditions laid down in the …”

Ruth Lamont Article 24 – The Rights of the Child S. 693-724

„… EU Agenda for the Rights of the Child ’ COM (2011) 60 fi nal. 5 Commission Staff Working Document …” „… 30 regulates the age at which children can enter into work and the conditions in which they should …” „… and, where a child is unaccompanied, provision for a representative working in the child ’ s best …”

Mark Bell Article 20 – Equality Before the Law S. 597-612

„… regarding working conditions, access to social protection and training ’ . 99 While the Pillar is not a …” „… facilities for safeguarding or promoting their integration into the working environment ’ . Insofar as the …” „… for those working outside the EU. 20 For detailed analysis, see E Ales , M Bell , O Deinert …”

Alexander Kornezov The Charter and the General Court S. 1809-1838

„… the interpretation and application of the conditions for access to its fore. Given that it was the GC …” „… conditions for private applicants and which, at the end of the day, provoked the amendment of Article 263(4 …” „… , the other two conditions — ‘ regulatory act ’ which ‘ does not entail implementing measures ’ — were …”

Tobias Lock EU Accession to the ECHR S. 1873-1890

„… mechanism provided for by EU law ’ 28 constitutes a further pre-condition for the presumption to apply. This …” „… light of the reasons given by the High Contracting Party concerned, it is plausible that the conditions …” „… issue with the Court ’ s reasoning in Opinion 2/13 relates to an apparent mistrust in the workings of …”

Tamara Hervey, Jean McHale Article 35 – The Right to Health Care S. 1007-1024

„… , housing, safe drinking water and adequate sanitation, safe working conditions and environmental protection …” „… right to benefit from medical treatment under the conditions established by national laws and practices …” „… notes ( ‘ under the conditions established by national laws and practices ’ ). 3 The field of …”

Maria-Teresa Gil-Bazo Article 4 – Prohibition of Torture and Inhuman or Degrading Treatment or Punishment S. 59-92

„… In order to assist Member States and EU institutions on JHA, a number of working parties and …” „… the field of fundamental rights. This means, inter alia, trusting that prison conditions and prison …” „… being brought by the relevant states under the conditions in Art 12, arrest, detain and transfer persons …”

Colm O’Cinneide Article 25 – The Rights of the Elderly S. 725-742

„… institutions or Member States authorities ’ . Select Bibliography A Blackham , Extending Working Life for …” „… , ‘ The Human Rights of Older Persons: The politics and substance of the UN Open-Ended Working Group on …” „… Open-ended Working Group on Ageing was 25.1225.1325.1425.15Art 25 – The Rights of the Elderly Colm O’Cinneide …”

Daniel Wilsher Article 6 – Right to Liberty and Security S. 115-150

„… personal liberty. The Asylum Reception Conditions Directive 12 partially regulates freedom of movement and …” „… Human Rights, as explained below, the conditions of detention themselves affect the legality of …” „… ; conditions of detention that fall below appropriate standards for the detainee may also generate an …”

Ian Harden Article 43 – European Ombudsman S. 1173-1198

„… Article 52(2) of the Charter, it applies under the conditions defined in these two Articles. Select …” „… conditions governing the performance of the Ombudsman ’ s duties [1994] OJ L113/15, as last amended by …” „… regulations and general conditions governing the performance of the Ombudsman ’ s duties (Statute of the …”

Titelei/Inhaltsverzeichnis

„… ............................................................................................................................... 872Article 31 – Fair and Just Working Conditions …” „… about it; in Angela ’ s case, before working at the CJEU, she advised clients on its impact and appeared …” „… , and to add some outstanding new contributors. Working on the project during a global pandemic was far …”

Steve Peers Article 9 – Right to Marry and Right to Found a Family S. 291-312

„… training and promotion, and working conditions (text with EEA relevance) [2002] OJ L269/15 – 20 which …” „… reference to certain conditions which have been implied into the right to marry by a range of national and …” „… of the ECHR. These conditions refer to two main areas of concern. The fi rst is the need to ensure …”

Jo Shaw, Lamin Khadar Article 39 – Right to Vote and to Stand as a Candidate at Elections to the European Parliament S. 1085-1112

„… the European Parliament in the Member State in which he or she resides, under the same conditions as …” „… conditions laid down in the Treaties, in accordance with Article 52(2) of the Charter. Article 39(1 …” „… reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion …”

Ronan McCrea Article 10 – Right to Freedom of Thought, Conscience and Religion S. 313-332

„… aspects of the organisation of working time [ 1993 ] OJ L307/18 – 24 . 7 Council Directive 93/119/EC …” „… legislation 5 and provisions regarding working time 6 and animal slaughter, 7 all of which can impact on …” „… ’ . 35 Such organisations may also ‘ require individuals working for them to act in good faith and with …”

Jonathan Tomkin Article 50 – Right not to be Tried or Punished Twice in Criminal Proceedings for the same Criminal Offence S. 1509-1552

„… Offi cials and the Conditions of Employ-ment of Other Servants of the European Communities [ 1962 ] OJ …” „… , Protocol No 7, it has nevertheless accepted that there are conditions in which such a double prosecution …” „… conceptual framework governing the conditions under which the ne bis in idem principle enshrined in Article …”

Elspeth Guild Article 19 – Protection in the Event of Removal, Expulsion or Extradition S. 573-596

„… to satisfy the conditions set out in Directive 2004/38, on the free movement rights of EU citizens …” „… Charter. As this Directive sets out the conditions for the expulsion of third country nation-als, it must …” „… Strategy: FRONTEX and the challenges of irregular immigration in the Canary Islands. ’ CEPS Working …”

Steve Peers Article 3 – Right to the Integrity of the Person S. 39-58

„… applicant ’ s pregnancy and delivery, under the sub-section entitled “ Social and working conditions …” „… kind of coercion might not be sufficiently accurate in terms of conditions and/or diseases potentially …” „… continuing that, while Member States may defi ne the conditions under which compensation may be granted to …”

Debbie Sayers Article 48 (Criminal Law) – Presumption of Innocence and Right of Defence S. 1413-1472

„… of witnesses on his behalf under the same conditions as witnesses against him; (e) to have the free …” „… on his behalf under the same conditions as witnesses against him; 40 (e) to have the free …” „… Attendance and Examination of Witnesses on his Behalf under the Same Conditions as Witnesses against him …”

David Mangan Article 7 (Private Life, Home and Communications) – Respect for Private and Family Life S. 151-194

„… , after all, in the course of their working lives that the majority of people have a significant, if not …” „… interpreted in the light of present-day conditions ’ , the Court wrote that the ‘ time had come ’ to include …” „… of public authorities, such as the police, to such data, without the other conditions for access …”

Lorna Woods Article 11 – Freedom of Expression and Information S. 333-370

„… responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by …” „… ) ECHR. Article 10(2) provides three conditions for the limitation of rights in Article 10(1) ECHR: the …” „… in political discussions or other political activity during working hours or on offi cial premises …”

Paul Torremans Article 17 (2) – Right to Property S. 519-550

„… possessions, except in the public interest and in the cases and under the conditions provided for by law …” „… conditions provided for by law and by the general principles of international law. The preceding provisions …” „… 2003-27; Princeton Law & Public Affairs Working Paper No 03-15, pp 1 – 2. Court of Justice of the …”

Elisa Morgera, Gracia Marín Durán Article 37 – Environmental Protection S. 1041-1064

„… Murphy, ‘ The Charter of Fundamental Rights: History and Prospects in Post-Lisbon Europe ’ EUI Working …” „… scientifi c and technical data; environmental conditions in the various regions of the EU; potential benefi …” „… the state of the environment and the causes and consequences of its condition ’ . 47 Ibid, Art 44(4 …”

doi.org/10.5771/9783748913245

Dominik Hanglberger - Arbeitszufriedenheit und Flexibilität - Europäischer Vergleich und Adaptions- und Antizipationseffekte

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Dominik Hanglberger

Arbeitszufriedenheit und Flexibilität - Europäischer Vergleich und Adaptions- und Antizipationseffekte

Reihe: FFB - Schriften des Forschungsinstituts Freie Berufe der Leuphana Universität Lüneburg

Band 21 2013

Treffer in den folgenden Teilen:

Datenbasis zum internationalen Vergleich – Das European Working Conditions Survey (EWCS) S. 112-116

„… Working Conditions Survey (EWCS) Die European Foundation for the Improvement of Living and Working …” „… Conditions (Eurofound) wurde 1975 vom Europäischen Rat als EU-Körperschaft eingerichtet. Aufgabe von …” „… zu erforschen (Eurofound 2008).26 Im Rahmen dieser Aufgabenstellung wurden mit dem European Working …”

Literaturverzeichnis S. 319-331

„… Improvement of Living and Working Conditions, Dublin. Christensen, K.E. und G.L. Staines (1990), Flextime – A …” „… Working Conditions (2007), European Working Conditions Survey 2005 [computer file], UK Data Archive …” „… . 23, No. 1, 30–47. Goudswaard, A. und M. de Nanteuil (2005), Flexibility and working conditions – A …”

Literaturüberblick zum internationalen Vergleich der Arbeitszufriedenheit S. 107-112

„… Design erhobenen und damit international vergleichbaren Datenbasis, dem European Working Conditions …” „… dem European Working Conditions Survey (EWCS, siehe Abschnitt 3.2), nur ungenau erfasst sind …” „… werden. 3.2 Datenbasis zum internationalen Vergleich – Das European Working Conditions Survey (EWCS) Die …”

Abkürzungsverzeichnis S. 13-16

„… Conditions EWCS European Working Conditions Survey EWCS31 alle 31 Teilnehmerstaaten des EWCS f. folgende FDP …” „… Bulgarien und Rumänien 2007) Eurofound European Foundation for the Improvement of Living and Working …”

Anhang A – Zu Kapitel 3 S. 249-271

„… Working Conditions Survey, dem British Household Panel Survey und dem Sozio-oekonomischen Panel auf drei …” „… to working conditions? An empirical analysis for rotating shift work, flextime, and temporary …” „… Datenbasen. Alle drei Datenquellen sind auf Antrag für Forscher zugänglich. square4 Das European Working …”

Einleitung S. 25-31

„… vorgenommen. Dazu wird mit dem European Working Conditions Survey (EWCS) auf eine Datenbasis zurückgegriffen …” „… , in particular through modern work organisation and a diversity of contractual and working …”

Titelei/Inhaltsverzeichnis S. 2-12

„… ........................................................................... 84 3.2 Datenbasis zum internationalen Vergleich – Das European Working Conditions Survey (EWCS …”

Flexibilität – Definition und Flexibilitätsinstrumente S. 38-42

„… Befragungen genutzt. Das in Kapitel 3 genutzte European Working Conditions Survey (EWCS) verfügt über …”

Zusammenfassung und Fazit S. 148-154

„… Zweck wurde auf Daten aus dem European Working Conditions Survey 2005 mit einem einheitlichen Design für …”

Determinanten der Arbeitszufriedenheit – Theoretische Aspekte und empirische Ergebnisse S. 98-106

„… des European Working Conditions Surveys (EWCS) aus dem Jahr 2000 mit über 21.500 Befragten aus 15 …”

Ein generalisiertes ordered-probit Modell S. 140-148

„… Zweck wurde auf Daten aus dem European Working Conditions Survey 2005 mit einem einheitlichen Design für …”

doi.org/10.5771/9783845246055

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