XXIX. FIDE-Kongress

This volume brings together the German national reports on the topics of the XXIX FIDE Congress. They deal with three current Union law issue areas: The role of national courts in the enforcement of Union law (application between private parties, primacy of application, principle of mutual recognition, judicial independence, effective judicial protection, duty of referral to the ECJ); the new EU data protection regime (the national concretisation of responsibilities, rights and enforcement as well as data processing for national security purposes); the digital economy as a challenge for EU competition law (antitrust relevance, market definition and market power, anti-competitive behaviour, ex-post enforcement and ex-ante regulation).

Countering the pedagogic hegemony of neo-liberalism in the workplace: a Freirean analysis of the contribution of union-led learning to enhanced worker participation in the UK

PurposeThe purpose of this paper is to critically assess the degree to which current union learning strategy and practice in the UK can become a catalyst for greater activism and participation by their members in the workplace and beyond. To this end, the paper seeks to draw on the rich heritage of pedagogic theory and practice in adult education writing to bring a fresh perspective to a key aspect of industrial relations.Design/methodology/approachThrough a meta-analysis of the current literature on the role of union learning representatives, learning centres and the context of that learning, the paper seeks to enhance understanding of how such initiatives in addition to upskilling workers lead to members' greater enlightenment with respect to the asymmetric power relations within the workplace and society. Using a conceptual model devised by the author from Freirean theory, this potentially increased awareness of their position in the organisation and society leading to greater levels of subsequent activism and participation by these learners is then critically assessed.FindingsUtilising the radical perspective of Paulo Freire, the article critically analyses the key elements of current union learning strategies in the UK. The paper concludes that union pedagogy strategy not just often raises members' awareness, as Freire would advocate, of their “subordinate” position in society, but potentially also genuinely equips them with the skills, knowledge and understanding to challenge that position through subsequent union activism and, therefore, greater participation in decision-making in the workplace. Union-facilitated learning, it is argued, can also develop the skills and knowledge necessary to increase members' job security.Originality/valueTo the author's knowledge, this is the first time that a Freirean analysis has been applied to this key element of contemporary trade union strategy and practice. In particular, the study seeks to also go beyond most studies of union pedagogic approaches and focus on the learner's journey and how this may imbue a propensity to become more active in the union and, therefore, the workplace.

The Almost Great Escape: The Continuing Tourism Development of Croatia as a Destination

The tourism industry in Croatia is experiencing a slower development than other European countries. Because of their current union in the communist state of Yugoslavia and the Civil War between Croatia, Serbia, and Bosnia-Herzegovina, the Croatian Tourism Board needs to recreate a stable infrastructure in which to grow their tourism. Some of the occurring issues with current Croatian tourism is high seasonality, lack of multiple foreign languages, underdeveloped transportation structures, and homogenization of Croatian culture. This paper offers a brief history of Croatian tourism, current developments, current development issues, and suggestions for a change in managerial structure to increase the amount of tourists to the state and to overall improve the Croatian economy while focusing on interdisciplinary methods.

The Franco-German Constitutional Divide

German Constitutional Court decision of 30 June 2009 on the compatibility of the Lisbon Treaty with the German Constitution – ‘Identity’ key word of the Lissabon-Urteil – The national identity clause in the current Union Treaty – Nation: people and state; diachronic and synchronic identity – Constitutional patriotism – The national identity clause in the Lisbon Union Treaty – Volksidentität and state identity – Verfassungsidentität: diachronic identity – Identité constitutionnelle de la France: synchronic identity – confidence and diffidence in the Union

Changes in family structure and regret following tubal sterilization

Tubal sterilization is one of the contraceptive methods whose use has increased the most in Brazil, but a growing number of women have expressed regret after the procedure. A case-control study was conducted at the Centro Integrado de Saúde Amaury de Medeiros (CISAM), Recife, Pernambuco, Brazil, in 1997 to investigate the association between changes in family structure and request for or submittal to surgical reversal of tubal sterilization, comparing 304 sterilized women who had requested or submitted to reversal of tubal sterilization and 304 women who were also sterilized but had not requested, had not submitted to, and who did not wish to submit to reversal. The simple and adjusted odds ratios were estimated using logistic regression. The results of the current study showed that death of children, partners without children prior to the current union, and partner change after tubal sterilization were associated with the request for or submittal to reversal of tubal sterilization. More strict criteria are suggested in the indication of tubal sterilization, including an in-depth profile of the woman requesting tubal sterilization and identification of risk factors for future regret.

Union Organizing: Costs and Benefits

This paper examines the costs and benefits to current union members in manufacturing of programs to organize the unorganized. The marginal cost of organizing an additional employee, in constant dollars, is estimated for a sample of unions between 1964 and 1977. The primary benefit of organizing that is quantifiable is the extent to which the maintenance or extension of union coverage permits the maintenance of or increase in the union wage. Estimates of this benefit are derived from previous econometric research linking the union wage to the percentage of the industry organized. This single benefit is found to be larger than the estimated marginal cost of extending union coverage in 19 of 20 manufacturing industries.

Bargaining structure and bargaining scope in New Zealand: the climate of employer opinion

The Labour Relations Act 1987 removed legal restrictions on the subject matter of bargaining. This article reports the results of a survey of employer opinion on current union involvement in plant decision making and on future bargaining scope. Little current union involvement is reported in either operational decisions or more basic management strategy decisions. Some limited employer support is found for the notion that bargaining scope should expand with decentralization of the bargaining structure.

Cross-Currents in Australian Trade Unionism

In common with trade unions throughout the "western world", Australian unions entering the 1980's have difficult times ahead. Grappling not only with the twin evils of high unemployment and inflation rates, but also with organizational structures ill-suited in many respects to cope with the technological revolution, Australian unions are reacting to the realities of today and attempting to anticipate the events of tomorrow. How effectively they are doing either may be gleaned to a large extent by an examination of their most recent deliberations in their "parliament" -the Australian Council of Trade Unions (ACTU) in September 1 9 7 9 and surrounding issues and events. This paper seeks to capture the mood and general thrust of current union deliberations in three major areas: ( 1) Organization and Structure; ( 2) Leadership and Ideology; (3) Policy issues. Some of what follows is of peculiarly Australian concern but much of it has wider ramifications highlighting some shared concerns of unionists the world over.