Happy Holidays
We wish all readers the best as we close out 2024. We look forward to providing you with more in 2025. Happy holidays. Joyeuses Fêtes. Fijne feestdagen.
Blowing the whistle on labour rights infringements? The protection of reporting persons under the Corporate Sustainability Due Diligence Directive and the Whistleblower Directive
Introduction On 25 July 2024, the Corporate Sustainability Due Diligence Directive (CSDDD) entered into force, marking a new era of corporate accountability for companies’ negative impacts on human rights and the environment. The CSDDD contains provisions on due diligence obligations for large corporations which entail, among others, the development of a due diligence policy and…
European (Trade) Union(s) and European Integration: Quo Vadis?
A burning post-war question that has been a source of much debate within trade union organisations is that of ‘Europe,’ which, through ‘deepening’ and ‘widening’, has changed in form and content across time. National trade unions have expressed different preferences towards ‘Social Europe’ from those advocating ‘ever closer union’ to those supporting ‘unity in diversity.’…
From a Progressive to a Regressive Stand: the Right to Strike at the European Court of Human Rights
General Overview of European Court of Human Rights Interpretation on Article 11 of the European Convention on Human Rights Industrial conflicts and industrial actions have long and significant effects on collective bargaining. The right to strike, a traditional type of collective action is the most effective power of trade unions and workers to promote their…
AI Recruitment Systems and Open Competitions: An Impossible Conjugation?
Introduction The rise of Artificial Intelligence (AI) in the labour market is fuelling a global debate about its potential to revolutionize recruitment processes, including in the public sector. Public hiring systems, traditionally founded on open competitions to ensure meritocracy, transparency, and equal access to public employment, may soon be challenged by AI’s ability to automate…
Exploring a Multilateral Framework for Facility-Specific Labour Mechanisms
1. Introduction Trade between the United States and Mexico has surged dramatically in recent decades. As reported by The New York Times in February 2024, the U.S. now imports more goods from Mexico than from China. In this environment, access to the U.S. market has become essential for Mexican companies, fostering a political climate conducive…
Your right to disconnect is about to start
How will the right to disconnect work? The French Disconnection France’s ‘right to disconnect’ was a pioneering attempt to engage with workers’ health and safety in response to the extension of working time precipitated by digitalisation. The concept originated with a decision of the Labour Chamber of the Cour de Cassation in October 2001 (2 October…
The EU Court of Justice rules on the controversial issue of posting third-country nationals in the Union
In June 2024, the Court of Justice of the EU (CJEU) delivered an important yet controversial decision in case C-540/22SN and Others v Staatssecretaris van Justitie en Veiligheid, referred to Luxemburg by a Dutch national court. In the judgment, the CJEU attempts to diplomatically tackle the grey area of temporary labour mobility of third-country nationals…
EU Law, European Convention on Human Rights, European Court of Human Rights, Free Speech/Freedom of Expression, Social Media
Judges’ right to free speech on social media
We live in a digital era where daily life has been significantly changed by the rise of online services and networks. Much of our communication and access to information now takes place in the online world, offering unprecedented possibilities for individual expression and public debate. Judges, just like all citizens, are part of this digital…
Transnational Company Agreements: Past, present and future. A play in three acts.
Introduction A good decade ago, Transnational Company Agreements (TCAs) were a hot topic in Europe. In the broader context of globalisation, they were hailed as an interesting step forward in the context of Corporate Social Responsibility (CSR), nowadays called Corporate Sustainability. However, since 2016 discussions about TCAs faded and ever since it seems as if…