Academic literature on the topic 'Directive 2003/88/EG'
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Journal articles on the topic "Directive 2003/88/EG"
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Koenig, Christian, Daniel Braun, and Rene Pfromm. "Beihilfenrechtliche Probleme des EG-Emissionsrechtehandels." Zeitschrift für Wettbewerbsrecht 1, no. 2 (2003): 152–86. http://dx.doi.org/10.15375/zwer-2003-0203.
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Zusammenfassung Das sich derzeit im Rechtsetzungsverfahren befindliche System eines EG-Emissionsrechtehandels gilt als Grundpfeiler einer kosteneffektiven Umsetzung der Kyoto-Verpflichtung. N ach dem Gemeinsamen Standpunkt des Rates vom 18. März 2003 werden die Emissionsrechte in einem gestaffelten Verfahren vergeben. Sollte dieser Kompromiss - wie erwartet - vom Europäischen Parlament bestätigt werden, erfolgt die Allokation von Emissionsrechten bis zum Jahre 2007 unentgeltlich. Ab dem Jahre 2008 sollen maximal 10 % der Emissionsrechte von den Mitgliedstaaten entgeltlich vergeben werden können. Der Gemeinsame Standpunkt des Rates über ein System für den Handel mit Treibhausgasemissionsberechtigungen in der EG (GS) sieht dabei vor, dass die Zuteilung und die Vergabe im Einklang mit dem EG-Vertrag und insbesondere den beihilfen-rechtlichen Vorschriften der Art. 87, 88 EG stehen müssen (Art. 11 Abs. 3 GS). Da mit einer Verabschiedung der Richtlinie bis Ende des laufenden Jahres zu rechnen ist, haben in den Mitgliedstaaten die Überlegungen hinsichtlich der Erstellung der nationalen Allokationspläne bereits begonnen. Welchen beihilfen-rechtlichen Anforderungen des EG-Vertrages die Mitgliedstaaten und die Kommission bei der Aufstellung bzw. Genehmigung der nationalen Allokationspläne genügen müssen, ist Gegenstand des folgenden Beitrags. Als Beispiel dient dabei die Allokation von Berechtigungen an ein Braunkohlekraftwerk.
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Kühling, Jürgen. "Das Damoklesschwert der Nichtigkeit bei Missachtung des Durchführungsverbots aus Art. 88 Abs. 3 Satz 3 EG." Zeitschrift für Wettbewerbsrecht 1, no. 4 (2003): 498–514. http://dx.doi.org/10.15375/zwer-2003-0405.
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Mitrus, Leszek. "Potential implications of the Matzak judgment (quality of rest time, right to disconnect)." European Labour Law Journal 10, no. 4 (2019): 386–97. http://dx.doi.org/10.1177/2031952519886149.
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The present elaboration is dedicated to one of the aspects of the Matzak judgment, where CJEU ruled that a standby time which a volunteer firefighter spends at home with the duty to respond to calls from his employer within a few minutes, very significantly restricting the opportunities to do other activities, must be regarded as working time under the Directive 2003/88. The position of the Advocate General, who suggested that ‘the degree of freedom enjoyed by the worker’ and ‘the quality of time’ while a worker is on standby duty should be assessed, as well as the Court’s opinion, that the temporal and geographical constraints imposed on the on-call worker are of decisive importance, have been analysed. In the Author’s view, the binary relationship between ‘working time’ and ‘rest period’, as provided by Directive 2003/88, does not always meet the requirements of the current labour market. Moreover, in the digital age the ‘rest period’ does not necessarily amount to genuine free time. The Author examines possible further legislative developments concerning the concepts of working time and rest period, including the newly emerging idea of the right to disconnect, i.e. the worker’s ability to disconnect from work, especially by not engaging in electronic work-related communications during his rest period.
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Ferrante, Vincenzo. "Between health and salary: The incomplete regulation of working time in European law." European Labour Law Journal 10, no. 4 (2019): 370–85. http://dx.doi.org/10.1177/2031952519886144.
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The European Union competences on health and safety of workplace constituted the legal basis for the 93/104 Directive to be adopted (and for the consolidated text of 2003/88 Directive). The Court of Justice has firmly maintained this approach refusing to take into account the history of international regulation on working time, which links together work and salary in perspective to give the workers the right to fair and equal treatment as regards their working conditions (as has been recently proclaimed also by the European Pillar of Social Rights). Building on these general premises, this article analyses the more recent European pieces of legislation and cases related to on-call time and proposes a new model for the definition of working time in the light of CJEU case law.
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Rajić-Ćalić, Jovana. "Certain forms of working time in Serbia in the light of European directive 2003/88 and comparative law." Strani pravni zivot, no. 3 (2018): 181–96. http://dx.doi.org/10.5937/spz1803181r.
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Anghel, Răzvan. "national court follow-up in the CJEU case "Sindicatul Familia e.a.” regarding the working time of foster parents in Romania." Bratislava Law Review 4, no. 1 (2020): 131–42. http://dx.doi.org/10.46282/blr.2020.4.1.177.
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The CJEU judgement in Sindicatul Familia case (C‑147/17) is a steppingstone for the working time Directive 2003/88 interpretation and application and for the European debate regarding the foster carer for children statute, remuneration and working time. The article presents the national court decision fallowing the CJEU judgement accompanied by the author commentaries. The purpose of the article is to offer to legal professionals the information on the practical result of the dialog between CJEU and national courts and the way national courts uses the European legislation interpretations given in the preliminary ruling procedure that aims an uniform application of it in the EU member states.
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Risak, Martin. "The position of volunteers in EU-working time law." European Labour Law Journal 10, no. 4 (2019): 362–69. http://dx.doi.org/10.1177/2031952519886150.
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One aspect also addressed in the Matzak case is the personal scope of the Working Time Directive 2003/88 (WTD), as Mr Matzak is a ‘volunteer firefighter’ and it is not clear if such persons are covered by this piece of EU legislation. This article will therefore first explore the notion of ‘volunteer’ and then examine under what circumstances volunteers are to be considered workers for the purpose of the WTD. It will become evident that the element of remuneration/pay has a special relevance in this context although this is not really in line with the health and safety purpose of the WTD. A purposive approach of defining the personal scope of application of the WTD might lead to more suitable results.
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Mačernytė-Panomariovienė, Ingrinda, and Vilius Mačiulaitis. "Content and Implementation of the Right to Annual Leave: Analysis Based on the Case Study of Lithuania." Baltic Journal of Law & Politics 12, no. 2 (2019): 78–96. http://dx.doi.org/10.2478/bjlp-2019-0012.
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Abstract Annual leave is granted to employees in order for them to rest and to regain efficiency at work. In accordance with Article 31 (2) of the Charter of Fundamental Rights of the European Union and Article 7 of the Directive 2003/88/EB of the European Parliament and of the Council regarding certain aspects of work time organization (Working Time Directive), employers must guarantee employees at least 4 [work] weeks of paid annual leave. Furthermore, Article 49 of the Constitution of the Republic of Lithuania maintains that every employed individual has the right to paid annual leave. The question arises whether this type of constitutional right can be absolute and if, as a result, employees are able to exercise their discretion to decide for themselves how to use this right. Can employers decide to grant or refuse to grant leave based on their own discretion? This article aims to address the content of the right to paid annual leave and its implementation details. In particular, it seeks to verify the extent to which an employee or an employer can affect the implementation of such a right.
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Miceli, Paula C., and Joel Katz. "The Influence of Addiction Risk on Nursing Students’ Expectations of Patients’ Pain Reports: A Clinical Vignette Approach." Pain Research and Management 14, no. 3 (2009): 223–31. http://dx.doi.org/10.1155/2009/343871.
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OBJECTIVE: To examine the influence of addiction risk (substance abuse history [SAH]) and pain relief (PR) on nursing and non-nursing students’ perceptions of pain in a postoperative vignette patient.METHODS: Using a 2×2 design, the independent variables SAH (present/+, absent/–) and PR (adequate, little) were varied systematically to produce four vignettes. Participants were randomly assigned to receive one of the four vignettes that described a 45-year-old man after a total hip replacement. Participants rated the vignette patient’s experienced and reported pain intensity (PI) on a 0 mm to 100 mm visual analogue scale and addiction risk on a 0 mm to 100 mm visual analogue scale. A pain congruence (PC) score was calculated (PC = reported PI – experienced PI), and was interpreted as congruent (±2 mm) or incongruent (+2 mm to +100 mm for expected pain over-reporting; −2 mm to −100 mm for expected pain under-reporting).RESULTS: Responses from undergraduate nursing (n=89) and non-nursing (n=88) students were analyzed. The estimated addiction risk was significantly lower in nursing (14% to 45%) versus non-nursing students (50%). Nursing students’ mean PC scores were not significantly altered by SAH alone. Expectations of pain over-reporting were observed under conditions of SAH+/adequate PR, but not SAH+/little PR. In non-nursing students, SAH and PR were significant and independent factors influencing mean PC scores in the direction of pain over-reporting.CONCLUSION: Under most conditions, nursing students expected pain under-reporting by the postoperative vignette patient. However, nursing students did expect pain to be over-reported when addiction risk was high and PR was adequate. These data suggest that nursing students’ expectations regarding pain over- and under-reporting were sensitive to perceptions of addiction risk, but involved additional factors (eg, level of PR).
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Ivanytskyi, A. "INTERNATIONAL LABOR STANDARDS AND THEIR IMPLEMENTATION IN UKRAINE." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 111 (2019): 25–31. http://dx.doi.org/10.17721/1728-2195/2019/4.111-5.
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The purpose of this article is to clarify the system and a thorough analysis of the sources of international legal regulation of working time. Dur- ing the study a number of methods have been used, namely: the formal-logical method has been used for the classification of sources of interna- tional legal regulation of working time and relevant international agreements; the system-structural method and the synthesis method – for the analysis of the provisions of the EU Directive 2003/88/EC on certain aspects of the organization of working time, as well as the formal-dogmatic and modeling method – for providing recommendations on the harmonization of national legislation with to the relevant Directive. This study analyzes the system of international legal regulation of working time, which is a complex orderly set of international treaties, EU leg- islation and ECHR practices that underpin fundamental principles and international labour standards in the field of working time. The scientific work presents the classification of sources of international legal regulation of working time for: 1) international agreements; 2) EU legislation; 3) ECHR practice. Since most of the sources of international legal regulation of working time are international treaties, it is proposed to classify them accord- ing to the entities within which the following treaties are concluded: 1) treaties within the UN; 2) treaties within the Council of Europe; 3) treaties within the ILO; 4) treaties within the EU. ILO treaties are proven to be crucial in the area of international legal regulation of working time, as the ILO is an international organization, a specialized UN agency, established to support international cooperation in peacekeeping around the world and to reduce social injustice at the expense of improving workingconditions. First of all, for the qualitative perception of the provisions relating to international legal regulation of working time, it is necessary to define the con- cept of "international labour standards", which is applied in the framework of the ILO activities. International labour standards are legal instruments developed by the ILO (taking into account the principle of tripartite representation – governments, workers and employers) that set out the fundamental principles and rights in the field of labour. The main forms of consolidation of such standards are ILO conventions and recommendations. The provisions of sources of international legal regulation of working time are studied, attention is paid to their peculiarities and specificity. A number of recommendations have been made to further implement the provisions of Directive 2003/88/EC on certain aspects of the organization of working time in national labour law. In particular, it is established that this Directive establishes minimum safety and health requirements for the organization of working time and applies to: minimum periods of daily rest, weekly rest and annual leave, as well as breaks and maximum weekly working hours; some aspects of night work, shift work and workarrangements.
Dissertations / Theses on the topic "Directive 2003/88/EG"
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Ayar, Médoc Rebecca. "Den semidispositiva arbetstidslagen : En studie av hur EU-direktiv, svensk lag och kollektivavtal samspelar kring arbetstidsreglering." Thesis, Linnéuniversitetet, Institutionen för ekonomistyrning och logistik (ELO), 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-62611.
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Working time is a constantly discussed topic. In Sweden working time is largely controlled by collective agreements. About 90% of all workers are covered by a collective agreement. For those who are parts of a collective agreement, it is important to consider the regulations in both the Swedish Arbetstidslagen (ATL) and the Working Time Directive (the Directive) when making a collective agreement. The purpose of this thesis is to examine various aspects of working time regulation in the form of directives, law and collective agreements. The thesis intends to contribute to knowledge of how the regulations regarding working hours in Sweden meet the requirements of the Directive by the EU. Further, the purpose is to examine how deviations from ATL can be regulated by collective agreements. The legal dogmatic method has been used in combination with an EU legal method. Directive, law, preparatory acts, case law, doctrine and literature were studied to investigate the legal situation. Collective agreements have been used as a source of law as well as empirical material. When studying implementation of the Directive to Swedish law, certain contradictions can be identified. The Swedish model collides with the Directive and the Swedish legislators as well as the Labour court choose to safeguard the Swedish model. Another contradiction is the purpose of the directive, protection of worker's health and safety, it is important and the Court of Justice of EU returns to it in many cases. A counterpart is lacking in ATL, instead, a connection is made to AML. Furthermore, the definition of working time is an issue where differences can be noticed between the Directive and Swedish law. Interpretations of the Court of Justice of EU and ATL defines different interpretations of call time and a new case may affect the travel time. The Court of Justice of EU calls the member countries to have equivalent definitions of working time and it should originate from the Directive. Regarding deviations through collective agreements the study shows that there are difficulties to interpret 3 § ATL, which is giving contradictory instructions regarding deviations. The paragraph and the EU-lock puts a great responsibility on the parties of the labour market to be familiar with both the Swedish law and the Directive. Some regulations are better for workers in ATL than the Directive at first glance, but this can be settled by collective agreements. Practice shows that there may be errors in the preparation of collective agreements.
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FENOGLIO, ANNA. "Legge, autonomia collettiva e autonomia individuale nella disciplina dell'orario di lavoro." Doctoral thesis, Università Cattolica del Sacro Cuore, 2012. http://hdl.handle.net/10280/1257.
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La sovrapposizione fra disposizioni legislative e accordi contrattuali di vario livello caratterizza da sempre la disciplina del tempo di lavoro: la direttiva europea 1993/104 – poi sostituita dalla 2003/88 – autorizza infatti gli Stati membri ad attribuire alla contrattazione collettiva un’ampia capacità derogatoria rispetto alle regole minime introdotte nel medesimo testo normativo, riservando al contempo un ruolo di rilievo all’autonomia individuale. Nucleo centrale della ricerca è l’analisi – effettuata anche in modo comparativo alla luce della disciplina vigente in altri ordinamenti europei – del ruolo attribuito alla contrattazione collettiva e all’autonomia individuale dal d.lgs. n. 66/2003, allo scopo di verificare se il legislatore italiano, nel recepire la direttiva europea sull’orario di lavoro, abbia saputo raggiungere un equilibrio socialmente accettabile tra istanze di flessibilità e di competitività avanzate dalle imprese ed esigenze di stabilità dei lavoratori.<br>The overlap between law and collective bargaining of various level is typical of working time regulation: in fact, the European directive 1993/104 – replaced by 2003/88 – authorizes collective bargaining to introduce a lot of exceptions to the same normative text, reserving at the meantime a remarkable role to the individual autonomy. The analyses of the role attributed to the collective bargaining and the individual autonomy by legislative degree n. 66/2003 – effected in comparative way too – is the topic of the research; the purpose is to verify if the Italian legislator, implementing working time European directive, has reached an acceptable balance among appeals of flexibility and competitiveness advanced from the enterprises and employees’ demands for stability.
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Cima, Luísa Filipa Rebelo. "O limbus entre o trabalho e o descanso : reflexões sobre a qualificação dos períodos de prevenção à luz da jurisprudência nacional e sua (des)conformidade com o Direito Internacional e Europeu." Master's thesis, 2019. http://hdl.handle.net/10400.14/30346.
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A proliferação dos regimes de prevenção, em particular dos regimes de prevenção à chamada/localização, que prolongam a subordinação jurídica dos trabalhadores para além das fronteiras pré-estabelecidas, ameaçando a sua autodisponibilidade, merecem uma urgente reflexão e atuação. Com efeito, a dicotomia tempo de trabalho/tempo de descanso deixa o tempo de disponibilidade numa fronteira que carece de integração. No presente estudo procura-se perceber a natureza dos períodos de prevenção, em especial dos períodos de prevenção à chamada/localização, no contexto normativo atual – i.e., no âmbito do Código do Trabalho português, da Diretiva 2003/88/CE, da Carta Social Europeia Revista e das Convenções n.º 1 e n.º 30 da OIT – e debater a conformidade ou desconformidade da jurisprudência portuguesa perante (i) o Direito da União Europeia; (ii) o Conselho da Europa e (iii) a Organização Internacional do Trabalho.<br>The proliferation of stand-by periods, in particular of stand-by periods at home, which extend the employees legal subordination apart from predetermined borders, threatening the devotion to their personal and social interests, deserve an immediate reflection and action. Therefore, the working time/rest time dichotomy leaves the periods of stand-by duty in a borderline which must be integrated. The aim of this study is to understand the nature of stand-by periods, particularly of stand-by periods at home, in the present legal context – by the Portuguese Labour Code, the Directive 2003/88/CE; the Revised European Social Charter and the ILO Conventions, no 1 and no 30 – and to discuss the compliance or non-compliance of Portuguese jurisprudence towards the (i) European Union; (ii) European Council and (iii) International Labour Organization.
Book chapters on the topic "Directive 2003/88/EG"
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Smith, Rhona. "Council and Parliament Directive (EC) No 2003/88 of 4 November 2003." In Core EU Legislation. Macmillan Education UK, 2015. http://dx.doi.org/10.1007/978-1-137-54482-7_43.
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"Directive 2003/88 Concerning Certain Aspects of the Organisation of Working Time." In EU Treaties and Legislation. Cambridge University Press, 2018. http://dx.doi.org/10.1017/9781108624374.023.
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Ehlers, Florian. "§ 2 . Vereinbarkeit des § 7 Abs. 3 Bundesurlaubsgesetz mit der Arbeitszeitrichtlinie 2003/88/EG." In Krank im Urlaub. Nomos Verlagsgesellschaft mbH & Co. KG, 2016. http://dx.doi.org/10.5771/9783845278377-150.
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Leccese, Vito. "Directive 2003/88/EC concerning certain aspects of the organisation of working time." In International and European Labour Law. Nomos Verlagsgesellschaft mbH & Co. KG, 2018. http://dx.doi.org/10.5771/9783845266190-1301.
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