Suchergebnisse

Examines the scope of irregular migration from subsaharan countries into or via Morocco. Focuses on frontier control, role of the Schengen agreement on the free movement of persons, migration policy measures taken by Italy and Spain, work permits granted during the 1990s, etc

En examinant l'interaction des acteurs civils avec le monde des États et la politique internationale et les différents modèles de relations transnationales, l'auteur analyse l'impact et l'influence des acteurs non étatiques, transnationaux ou non, sur la gouvernance du commerce international, en particulier sur le processus de libéralisation des échanges commerciaux, sur les enjeux environnementaux et sur la sécurité des États

Mobility of workers within the internal market of the European Union is growing constantly, whereas European integration in social matters remains incomplete. The absence of an exhaustively harmonised European Social Law is not only related to the minimum character of harmonisation but also to the lack of an overall competence in social matters. Due to diversity between labour legislations of the Member States, conflict of laws needs to be mobilized in order to guarantee effective freedom of movement. More precisely, Private International Law has the function of promoting the worker protection principle enshrined in free movement law. Our purpose is to analyse possible impacts of the law of the internal market on Conflict of Laws. The subject of the present study is on European Conflict of Laws. Inspired by national conflict of law mechanisms, European conflict of law rules should nowadays fit into the context of European Union Law and therefore adopt its principles. Among those, the worker protection principle - as part of the concept of the internal market - is of high interest. While discovering the content of this principle, we underline different manners in which it can influence conflict of law rules. Our starting point consists in admitting the competence of the European Union for Private International Law matters. While demonstrating failures of the actual European conflict of law rules regarding their adaptability to legislative diversity, we discover that Member States tend to make increasingly use of unilateral mechanisms: Imperativeness is intended to assure Member States' regulatory interests by designating the law of the forum state. For the purpose of this demonstration, we suggest to analyse the example of posted workers, among others. Territoriality has been observed in Conflict of Laws. This is problematic from the perspective of integration of the internal market, i.e. in our context, the European labour market. Therefore, we suggest that conflict of law rules should be adapted to the requirements of European regulatory interests. Lessons can be drawn from the concept of the internal market which leads us to examine a protective conflict of law rule aiming at integrating the worker into the labour market