4 resultados para The Spanish Ballad in the Golden Age
em Archive of European Integration
Resumo:
The relationship between employer and worker is not only obligatory but above all, as Sinzheimer said, a ‘relationship of power’. In the Digital Age this statement is confirmed by the massive introduction of ICT in most of the companies that increase, in practice, employer’s supervisory powers. This is a worrying issue for two reasons: on one hand, ICT emerge as a new way to weaken the effectiveness of fundamental rights and the right to dignity of workers; and, on the other hand, Spanish legal system does not offer appropriate solutions to ensure that efficacy. Moreover, in a scenario characterized by a hybridization of legal systems models –in which traditional hard law methods are combined with soft law and self regulation instruments–, the role of our case law has become very important in this issue. Nevertheless, despite the increase of judicialization undergone, solutions offered by Courts are so different that do not give enough legal certainty. Facing this situation, I suggest a methodological approach –using Alchourron and Bulygin’s normative systems theory and Alexy’s fundamental rights theory– which can open new spaces of decision to legal operators in order to solve properly these problems. This proposal can allow setting a policy that guarantees fundamental rights of workers, deepening their human freedom in companies from the Esping-Andersen’s de-commodification perspective. With this purpose, I examine electronic communications in the company as a case study.
Resumo:
Many scholars now argue that the Treaty of Lisbon has removed the role and influence of the rotating Council Presidency in the domain of the European Union’s foreign affairs. This paper will, however, go beyond a superficial, treaty-based analysis of the influence of the post-Lisbon rotating Council Presidency and instead look at two primary, residual, informal Presidential roles, namely agenda-shaping and brokering. It will examine the extent to which these informal roles allowed the Polish and Lithuanian Council Presidencies of July to December 2011 and 2013 respectively to influence the development of the bilateral, multilateral and internal tracks of the Eastern Partnership. The paper will argue that the considerable influence of these rotating Presidencies defied the logic of the Lisbon Treaty, suggesting that the ‘golden age’ of this six-month position, whereby individual Member States pursue foreign policy issues of significant domestic interest at the European level, has not yet passed.
Resumo:
From a historical perspective, the last two decades can almost be regarded as a 'golden age' of Polish-Russian relations. This is the first time in several centuries that a sovereign Poland and Russia have been able to develop mutual relations without resorting to force; moreover, they have established a bilateral legal basis and put into practice its provisions on "the inviolability of borders, territorial integrity, non-interference with internal affairs and the nations' right to self-determination. This does not change the fact that since 1990 the atmosphere between the two countries has much more often been chilly and tense. Contrary to the widely-held belief, Polish-Russian conflicts do not stem from genetic Russophobia on the part of Poland, or irrational prejudice on the part of Russia. Their substance is real and concerns strategic issues. At the deepest level, though, this is a dispute about how far the borders of the Western world extend, and about the Russian Federation's sphere of influence. However, it is not a clash between two states; moreover, Poland is certainly not the most important actor in this regard, although due to the historical context and its geographic location, it is one of the countries that lies closest to the 'line of contact', and is therefore particularly entangled in the disagreement.
