Suchergebnisse

Nowadays, the issue of labour discrimination is a complex and living subject matter that raises questions about the adaptedness of the rights that are specifically protected by labour legislation to the situation experienced by employees. Legal writing and case-law in this field are constantly evolving. In the first part of this study, we have considered disability and health condition as prohibited grounds of discrimination. Thus, we first analyzed the social construction of disability. Indeed, contrary to the medical model, the social one moves the problem away from the individual person and places it in the social processes that are linked to human diversity. We have examined the statutory duty of reasonable accommodation provided to persons with disabilities and its implementation by case-law, positive actions and their role against disability based discrimination as well as the explanation of the differences in treatment based on disability. We have studied the United Nations Convention on the Rights of Persons with Disabilities, of 13 December 2006. This Convention has indeed become the core of European legislation and policy on disability, underlining its innovations. Furthermore, beyond the concept of "disability", we have considered the issue of whether illness and unfitness are sufficient to justify a termination or if they are grounds of discrimination. The European legislator does not seem eager to include them in the prohibited discrimination grounds. Our study of the legislation that is protecting against discrimination based on disability has led us to conclude that it has brought solutions in cases where protection against discrimination based on health condition is not regulated. The second part of our study is dedicated to the analysis of multiple discrimination. We have highlighted the ineffectiveness of the European legislation and, thus, that of the majority of legislations of the European Union Member States in fighting against it. We have noted that what should be questioned is the legal ...

Intersex people are born with sex characteristics that do not fit typical notions of male or female bodies and therefore they are stigmatised, marginalised and denied the recognition of their fundamental rights. Often, they are subjected to involuntary and harmful sex "normalising" surgeries at birth, that violate their bodily integrity, self-determination and informed consent, to fit in societal and legal norms. Then, binary legal frameworks prevent them from enjoying the rights to access identification documents, found a family and to be free from discrimination in all areas including employment and sports. This research identifies intersex rights' violations and analyses intersex people's legal demands as expressed by intersex activists themselves and delivered through statements and reports issued by intersex rights organisations, the United Nations and the Council of Europe. Then, the situation of intersex rights in regional jurisdictions worldwide and within the European Union in particular is examined with the purpose to detect existing legal barriers and suggest how intersex people could be accommodated under legal frameworks and reach sex/gender equality beyond binaries. ; Τα ίντερσεξ άτομα γεννιούνται με χαρακτηριστικά βιολογικού φύλου που δεν ταιριάζουν με τις κρατούσες αντιλήψεις όσον αφορά τα αρσενικά ή θηλυκά σώματα και επομένως στιγματίζονται, περιθωριοποιούνται και στερούνται την αναγνώριση των θεμελιωδών δικαιωμάτων τους. Συχνά υποβάλλονται σε ακούσιες και βλαβερές εγχειρήσεις αλλαγής φύλου κατά τη γέννηση, οι οποίες παραβιάζουν τη σωματική τους ακεραιότητα, την αυτοδιάθεση και την εν επι-γνώσει συναίνεσή τους με σκοπό να ταιριάζουν στους κοινωνικούς και νομικούς κανόνες. Στη συνέχεια, τα δυαδικά νομικά πλαίσια εμποδίζουν την απόλαυση των δικαιωμάτων πρόσβασης σε έγγραφα ταυτοπροσωπίας, της δημιουργίας οικογένειας και της μη διάκρισης σε όλους τους τομείς όπως στην εργασία και στην άθληση. Αυτή η έρευνα εντοπίζει παραβιάσεις δικαιωμάτων μεταξύ των φύλων και αναλύει τα νομικά αιτήματα των ...

The European Banking Union Project emerged as a response to the financial crisis originated in 2007 in the USA and the subsequent sovereign debt crisis in the European Union, with the view of tackling the resulting fragilities by promoting financial stability at European level. Against this background, the Banking Union framework established two pillars, namely the Single Supervisory Mechanism in 2014 and the Single Resolution Mechanism in 2016, while the third pillar concerning a European Deposit Insurance Scheme is still under discussion.Taking into consideration the legal regime and the policy-coordination guidelines of the involved institutions related to the European Banking Union, this PhD dissertation firstly examines critically the governance structure of these three pillars in an attempt to shed light on the function of the European Banking Union until November 2020 as well as on the missing elements of this regime. Although there is a wide literature on the three pillars of the European Banking Union framework, it is still not clear the extent at which a Political Union is essential for the completion of this regime as well as its potential impact on financial stability.Against this background, the analysis of the Banking Union architecture is followed by a critical discussion of the most prominent bank resolution cases for the time being, and a primary research analysis stemming from the enclosed interviews with six stakeholders, each of them involved in different aspects of the Banking Union regime. Within this context, this PhD research work further aims at proving the main argument of this PhD dissertation, which entails that a Political Union would positively contribute to the completion of the European Banking Union project, and accordingly to the promotion of financial stability at European level. This could materialise by mitigating the obstacles to financial integration, which according to the enclosed interviews, have been proved to have political origin. The latter has been expressed by a ...

We are moving through the era of technological innovation, artificial intelligence, Industry 4.0, as it is called. The integration of smart technology into all sectors of society is a reality and a mean to facilitate and simplify everyday life. In this information technology industry, the development of new technology achievements influences and inspires the business world, serves and contributes to the progress of society. This rapidly evolving technological advancement needs a legal framework in order to obtain social and commercial status. Patent Law is the legal science and patent is the legal tool that adds value to intangible assets and therefore technology scientists are motivated to ensure their invention with a patent and also dominant technology enterprises are competing for the development of a strong patent portfolio. This doctoral thesis deals with the legal frame that Patent Law provides for an inventor to grant a European patent or an international one. In addition, for the first time in Greece, combining the fields of Intellectual Property Law and technological innovation, in this thesis, a survey is conducted using a questionnaire that was distributed in 2019, to graduated students of technology institutes in Greece. The purpose of the survey is to clarify the knowhow of students as for the legal aspects of technology. Regarding the results of the survey, it is vital to apply measures in education, for the next generation technical inventors to have the knowhow of utilizing their intellectual asset in their own free will. Further, this thesis introduces and presents smart technology and its application in society, by directly exploiting the Internet of Energy (IoE) and the Internet of Things technology (IoT) into distributed energy systems, with the aim to achieve energy efficiency, to avoid energy wasting, and improve environmental conditions. In addition, this thesis refers to European's Union legislation for the gradually transformation of the building potential of all European Member States ...