scholarly journals Employee Participation Rights During Company Restructuring: Lessons Learned from the “Capability for Voice” in British Law

2021 ◽  
Vol 51 (1) ◽  
pp. 245-292
Author(s):  
Migen Dibra

In the current economic context, marked by a growing number of company restructuring processes as well as a rising unemployment rate, it seems important to address the employee’s issue of job security as well as the need to reduce the negative impacts that some restructuring processes have on businesses and employees. One solution in this regard is to ensure that employees are heard during the restructuring process. Since the Quebec and the federal Canadian legal frameworks on the subject offer insufficient protections, the author’s goal is to find solutions in order to strengthen the existing frameworks as well as to suggest different ways of adopting other legal information and consultation procedures applicable to company restructuring in general. To this end, the author is interested in whether a process of information and consultation of employees in restructuring matters, similar to what exists in the European Union, is possible in Canada, in light of the British experience. In fact, the United Kingdom’s case is particularly interesting for Canada, because this country originally applied a collective laissez-faire approach to employee participation rights during company restructuring which was similar to the North American one. It was only because of mandatory directives of the European Union on the subject that the United Kingdom has set up information and consultation procedures recognized by law. In order to perform this study, we have used the method of comparative law and as a theoretical framework we have applied the capability for voice, developed by Amartya Sen, which provides a method for assessing the impact and relevance of Parliament acts that recognize extended participation rights to employees in regard to a company’s economic decisions. In doing so, we assess the extent that the British statutory instruments, related to the subject matter under study, meet the conditions of the capability for voice, which are prerequisites to pass from the involvement stage of the employees in company decisions to their real influence on such issues.

Energies ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 17
Author(s):  
José Antonio Peña-Ramos ◽  
Philipp Bagus ◽  
Dmitri Amirov-Belova

The “European Green Deal” has ambitious aims, such as net-zero greenhouse gas emissions by 2050. While the European Union aims to make its energies greener, Russia pursues power-goals based on its status as a geo-energy superpower. A successful “European Green Deal” would have the up-to-now underestimated geopolitical advantage of making the European Union less dependent on Russian hydrocarbons. In this article, we illustrate Russian power-politics and its geopolitical implications by analyzing the illustrative case of the North Caucasus, which has been traditionally a strategic region for Russia. The present article describes and analyses the impact of Russian intervention in the North Caucasian secessionist conflict since 1991 and its importance in terms of natural resources, especially hydrocarbons. The geopolitical power secured by Russia in the North Caucasian conflict has important implications for European Union’s energy supply security and could be regarded as a strong argument in favor of the “European Green Deal”.


2018 ◽  
Vol 18 (2) ◽  
pp. 137-154 ◽  
Author(s):  
Augustin Ignatov

Abstract Entrepreneurship is the driving force of economic development and progress. A successful state, first of all, provides favourable conditions motivating the businesses to grow and flourish. Presently, the European Union is developing unevenly with multiple economic misbalances across the community, the West and the North being more competitive than the South and the East. The aim of the present research is to examine the framework of interdependence between the degree to which the governance quality and economic freedom in the European Union are supporting entrepreneurial activities and the performance of the community in terms of entrepreneurial innovation. The results reached through applying both qualitative and quantitative analyses show that the interdependence between entrepreneurial innovation and regulatory efficiency is strong for many of the European Union states which is determined by multiple factors including the institutional and economic ones. Also, the present paper underlines the importance of the proper regulatory framework for the efficient development of business innovation. The future research on this matter could consider in depth the impact of socio-cultural environment, its influence on the quality of governance and the impact of both upon the European entrepreneurial innovation.


2019 ◽  
Vol 34 (5) ◽  
pp. 1545-1548
Author(s):  
Šaban Mutatović ◽  
Nina Paunović ◽  
Miodrag Šmelcerović

This paper deals with emotional and physical abuse by co-workers or subordinates, as well as negative effects it might have on the personnel and the company performance. We also want to emphasise the role of management in its eliminating and suppressing. The first part explains the terms and the ideas of management and mobbing, including the functions and different levels of management, as well as different kinds of mobbing. The second part deals with the impact mobbing has on workers and business activities, the responsibility of management on suppressing physical and psychical abuse at workplace as well as creating positive working environment. n the last twenty years, workplace abuse has become a particularly significant problem. The first extensive study of this phenomenon was conducted in Sweden under the leadership of Heinz Leymann, who also defined mobbing as psychological terror in the workplace, which refers to unethical and hostile communication by one and / or more persons to the most commonly one person who becomes helpless and unable Defense. Such activities take place at least once a week for at least six months leading to mental and social disorders. It is believed that this problem is on the rise in almost all countries of the European Union and the world, and for this reason laws are being adopted addressing the issue of mobbing both at the national and European Union levels. In addition, numerous associations have been set up worldwide to prevent workplace abuse.


2017 ◽  
Vol 31 (2) ◽  
pp. 235-246
Author(s):  
Denise Garcia

The world is going through a crisis of the international liberal order, exemplified by a host of recent shocks: the invasion and annexation of Crimea by Russia; the transnational dimensions of conflicts such as in Syria; the United Kingdom's decision to exit the European Union; the attempted coup d’état in Turkey and its reversal toward autocracy; and the election and rise of non-universalist and illiberal governments as well as politicians who operate under the populist rubric in countries that are viewed as beacons of democracy and stability. These shocks have catalyzed two outcomes. First, the prevailing global norms that serve as the custodians of peace and security have been the subject of revived debate. Second, and relatedly, these shocks have prompted deep reflection on the role of institutions such as the European Union and the North Atlantic Treaty Organization (NATO), as well as the roles of the supposedly democratic members within those institutions.


2020 ◽  
Vol 1 (2) ◽  
pp. 7-14
Author(s):  
Donald L. Buresh

This paper evaluates the effect of the Estonian cyber incident on Estonia, Russia, the United States, the European Union, and the North Atlantic Treaty Organization, also known as NATO. The paper employs the Valeriano and Maness criteria for evaluating a cyber incident critically. The article asks how did the Estonian cyber incident come to pass, what were the foreign policy and international relationship effects, what was the impact on Estonia, and how did Estonia react to the attack. The essay concludes that the Estonian cyber incident was a catalyst, prompting the nations listed herein to address the effects of cyber-attacks, and then search for acceptable solutions.


2012 ◽  
Vol 3 (1) ◽  
pp. 73-88
Author(s):  
Marek Popielas

This paper aims to present the level of harmonization of investment services in relation to the European investment funds’ market. The author, in an attempt to systematize different types of investment services in Europe, refers to the European Freedoms and presents the key reasons for the harmonization of investment services. An important part of the study is to present the role of investment funds in the financial sector, as well as the crucial benefits of participation in the funds. By using the method of analysis of the sources, the author makes a review of the European regulations on investment funds, both the law and the recommendations of regulators. From the perspective of recent legislation changes the study highlights their possible implications, especially for less developed countries of the European Union. Complementing the current picture of harmonization the author, by referring to the substantial transformation of the common market of the European Union in 2004, makes review of dynamics of this sector, based on basic statistics. What is worth paying attention in this context is that there is still a slight share of the newly acceding countries. Verification of accuracy of the author’s observations may become the subject of wider discussion on the harmonization of financial services in this area, taking into account time necessary to assess the impact of European regulations currently being implemented.


Author(s):  
Ewelina Knapczyk

The subject of this paper is the institution of mediation, with a special emphasis on the formulation of postulates addressed to the Polish legislative, governmental institutions, local authorities, corporation of advocates, non-governmental organisations, and establishments of higher education. The Author outlines the general construction of mediation and the mechanisms of its functioning, the impact of the European Union on its Member States in the context of that institution, and touches upon the practical application of mediation in Poland, concluding that once the postulates enumerated in the paper have been addressed and realized, this will grossly reduce the piling number of unresolved disputes, and consequently will minimize the cost arising from the ever- -growing numbers of litigation and legal dispute.


2021 ◽  
Vol 28 (2) ◽  
pp. 393-413
Author(s):  
Magdalena Wołoszyn

The aim of the article is to analyse selected metaphors used by the President of the Republic of Poland, Aleksander Kwaśniewski, in public appearances during his presidency in from 1995 to 2005. The subject of interest are public appearances in which A. Kwaśniewski talked about the preparation and accession of Poland to one of the most prestigious organisations in the world – the North Atlantic Alliance (NATO) in 1999 and the European Union (EU) in 2004. The author analyses selected metaphors (including: HOME, ROAD, FAMILY), regarding Poland’s accession to these structures, which were used by the president in his speeches. The author discusses how A. Kwaśniewski, who was then the head of state, used metaphors to present his attitude towards the issue of Poland’s integration with North Atlantic Alliance and accession to the European Union and what vision of Poland’s presence in these structures he had.


2020 ◽  
Vol 66 ◽  
pp. 85-95 ◽  
Author(s):  
Athanasios S. Dagoumas ◽  
Michael L. Polemis ◽  
Symeoni-Eleni Soursou

Author(s):  
Stelios Stavridis ◽  
Charalambos Tsardanidis

The Republic of Cyprus (or Cyprus) joined the European Union (EU) in May 2004 and adopted the single currency (the euro) in 2008. This article consists of three parts: it begins with a historical contextualization, explaining the reasons for Cyprus’ application for an Association Agreement with the (then) European Economic Community (EEC), and also examining the latter´s reaction and policy towards the 1974 Turkish invasion following a failed coup d´état against the Makarios Presidency that has led to a divided island since then (Part 1). In brief, what is known as the “Cyprus Problem.” This part also looks at the evolution of the Association Agreement during the period since 1975 which ended with the conclusion of a customs union Agreement between Cyprus and the European Community in 1987. The article next turns to an analysis of the Republic of Cyprus´ EU accession negotiations process (Part 2). It also covers the impact (or lack thereof) of various reunification plans, and most notably what is seen as the culmination of such efforts in the so-called 2002–2004 Annan Plans. The following section presents an assessment of how Cyprus has fared as a member state since it joined the EU (Part 3). It covers several key questions regarding the EU–Cyprus relationship. Whereas this article is not about the Cyprus problem itself, but as will be made clear throughout this study, it remains the dominant issue for the island. Others issues encompass EU relations with the Turkish-Cypriot community, the question of Turkey´s EU accession, the impact of the economic crisis of 2013, as well as energy security considerations following the discovery of gas in the region. The study concludes that being in the EU offers better perspectives for the Republic of Cyprus than if it had been kept outside it. If only because as the Accession Treaty makes it clear: it is the whole island that has joined the EU albeit the acquis communautaire cannot apply to the north, occupied, part of the Island following the invasion by Turkey. But all Cypriots are EU citizens. Yet, to a large extent, the experience of Cyprus prior to and after EU membership also reflects the kind of specific problems that a “small state” is facing in its international relations.


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