Equal Treatment or Treatment as an Equal?
In: Social philosophy today: an annual journal from the North American Society for Social Philosophy, Band 9, S. 439-453
ISSN: 2153-9448
2693 Ergebnisse
Sortierung:
In: Social philosophy today: an annual journal from the North American Society for Social Philosophy, Band 9, S. 439-453
ISSN: 2153-9448
In: Vienna online journal on international constitutional law: ICL-Journal, Band 5, Heft 1, S. 82-88
ISSN: 1995-5855, 2306-3734
In: Brill Book Archive Part 1, ISBN: 9789004472495
In: International Studies in Human Rights 83
In this study, an assessment model is developed to guide courts in deciding equal treatment cases. Such a model appears to be indispensable, since relevant equality provisions often do not offer much guidance as to the assessment of unequal treatment. This lack of guidance may lead to diverging approaches and outcomes, which is undesirable from the perspective of equality and legal certainty. The use of the assessment model developed in this study will improve judicial reasoning and enhance the legitimacy of equal treatment case law. The general assessment model developed in this study is based on theoretical research after the standards that should be used in assessing cases against the principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is the design of an assessment model that is both theoretically sound and workable in practice. The Dutch edition of this book has been awarded with the Erasmus Study Prize 2003, the Max van der Stoel Human Rights Prize and the Constitutional Law Prize
In this study, a general model is developed for judicial assessment of equal treatment cases. The model is based on theoretical research after the standards that should be used in assessing cases against the general principle of equal treatment, supplemented by an elaborate comparative analysis of the equal treatment case law in various legal systems. The result of this approach is an assessment model that is both theoretically sound and workable in practice. The use of the model by the courts will improve judicial reasoning and enhance the legitimacy of equal treatment case law.
SSRN
Working paper
In: Scarman and After, S. 200-206
In: EU Law: Text, Cases, and Materials, S. 854-922
In: Yale Journal on Regulation, Forthcoming
SSRN
In: Working with older people: community care policy & practice, Band 11, Heft 2, S. 24-27
ISSN: 2042-8790
In: Scottish journal of political economy: the journal of the Scottish Economic Society, Band 61, Heft 5, S. 487-501
ISSN: 1467-9485
AbstractWe analyse a labour‐matching model with wage posting, where – reflecting institutional constraints – firms cannot differentiate their wage offers within certain subsets of workers. Inter alia, we find that the presence of impersonal wage offers leads to wage compression, which propagates to the wages for high productivity workers who receive personalized offers.
SSRN
Working paper
In: Schmidt , S K , Blauberger , M & Martinsen , D S 2018 , ' Free movement and equal treatment in an unequal union ' , Journal of European Public Policy , vol. 25 , no. 10 , pp. 1391-1402 . https://doi.org/10.1080/13501763.2018.1488887
The European Union's (EU) fundamental principles of free movement of persons and non-discrimination have long challenged the traditional closure of the welfare state. Whereas the relationship between the EU and the welfare state appeared largely reconciled before the grand enlargement of 2004, economic downturn and politicisation question the nexus anew. This collection explores the current dynamics, scope and limits of free movement and welfare equal treatment for EU citizens on the move. The different contributions bring together the normative, legal and political developments and about-turns which dynamically square the circle of pan-European social solidarity. The collection covers the new politics of EU cross-border welfare but also the structuring role of the European Court of Justice. It includes the political economy of free movement as well as its outputs and outcomes in selected member states. Finally, it analyses the mechanisms that activate attitudinal polarisation on intra-EU migration and welfare. ; The European Union's (EU) fundamental principles of free movement of persons and non-discrimination have long challenged the traditional closure of the welfare state. Whereas the relationship between the EU and the welfare state appeared largely reconciled before the grand enlargement of 2004, economic downturn and politicisation question the nexus anew. This collection explores the current dynamics, scope and limits of free movement and welfare equal treatment for EU citizens on the move. The different contributions bring together the normative, legal and political developments and about-turns which dynamically square the circle of pan-European social solidarity. The collection covers the new politics of EU cross-border welfare but also the structuring role of the European Court of Justice. It includes the political economy of free movement as well as its outputs and outcomes in selected member states. Finally, it analyses the mechanisms that activate attitudinal polarisation on intra-EU migration and welfare.
BASE
SSRN
Working paper
In: The international & comparative law quarterly: ICLQ, Band 69, Heft 4, S. 991-1011
ISSN: 1471-6895
AbstractAlthough fair trial guarantees have always been recognised as constituting an integral aspect of international arbitral proceedings, this has largely been viewed through the lens of civil procedure rather than as a matter of public law and human rights. This state of affairs has further been compounded by the confidential nature of arbitration and the relative scarcity of set aside (annulment) proceedings before the courts of the seat of arbitration on the grounds of unequal treatment, and before human rights bodies such as the European Court of Human Rights. Moreover, it has always been difficult to reconcile contractual freedom and the advantages offered by arbitration with equal treatment and fair trial claims. This article demonstrates the existence of a set of general principles concerning the meaning and content of equal treatment, which are consistent with its commercial (and civil procedure) and human rights dimensions. The basis of this conclusion is Article 18 of the UNCITRAL Model Law on International Commercial Arbitration, as consistently interpreted and adapted by local laws and judgments, arbitral statutes and determinations by the European Court of Human Rights.
SSRN