Fundamental Rights of workers in the Digital Age: A methodological approach from a case study. WP C.S.D.L.E. "Massimo D'Antona" .INT - 89/2011

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.

Saving Libya from itself: What the EU should do now. CEPS Commentary, 1 December 2014

Libya is experiencing its worst security crisis since the 2011 revolution, the intervention by NATO and the overthrow of Colonel Muammar Gaddafi. While the parliamentary elections of July 2012 provided “an opportunity to put the transition process back on track and overcome the recent political polarisation”, the country has instead descended into a deadly vortex of conflicting political groups, militias and tribes. Without the international political attention that is needed to save it from itself, Libya is now breaking up in at least two parts. Each faction is under pressure to declare its allegiance to the two biggest rival coalitions: either ‘Libyan Dignity’ or ‘Libyan Dawn’. The authors suggest that EU action take place on three levels.

Odessa Oblast: Governor Saakashvili’s superficial changes. OSW COMMENTARY NUMBER 196|February 2016

Two years after the Revolution of Dignity, Odessa Oblast, one of Ukraine’s key regions in economic and political terms, is still strongly polarised as regards its residents’ views on the future of their country. The political circles rooted in the Party of Regions have maintained their influence to a great extent due to increasing dissatisfaction with the central government’s activity and with the economic crisis which has strongly affected the public. Politicians linked to the ancien régime remain the most important political players. Some pro-Ukrainian circles had pinned their hopes for change in the region on the nomination of the former Georgian president, Mikheil Saakashvili, for governor of Odessa Oblast on 30 May 2015. At the beginning of his rule this politician made widely publicised promises to combat corruption, to improve the quality of the administration services, to develop infrastructure and to attract foreign capital. However, more than half a year has passed since he assumed office, and it is difficult to speak about any spectacular successes in reforming the region. Saakashvili has above all become a player on the national forum, supporting the presidential camp in their struggle with Prime Minister Arseniy Yatsenyuk and the oligarch Ihor Kolomoyskyi, among others. However, his nomination has made Odessa Oblast more important for Ukraine, above all in political and symbolic terms. This is because Odessa Oblast is the best manifestation of the condition of the Ukrainian state two years since the Revolution of Dignity – rudimentary reforms or no reforms at all, strong resistance to any changes from the administration, strong local political-business connections, the lack of consolidation among post-Maidan groups and corruption inherent in the system.

Aftermath of the Maidan. Ukrainian society two years after the revolution. OSW Commentary Number 199/04.03.2016

Two years after the Revolution of Dignity, it is clear that hopes of a quick reconstruction and modernisation of the Ukrainian state as a political and institutional system have not been fulfilled. The resistance of the bureaucrats, politicians and oligarchs who make up the informal, corrupt systems has proven to be very strong, and the will of part of the political elite and the EU and the United States to implement the procedures they have suggested has proved insufficient. If not for the war and the economic collapse, which forced Kyiv to seek external financial assistance and political support, the modernisation of the state would have proceeded even more slowly and with yet greater difficulty.

The Migration Crisis: A Stress Test for European Values. European Policy Brief No. 38, September 2015

Confronted by the current refugee crisis, most Member States are turning inwards. But migration will continue to rise in the future. Given that migration is an unstoppable trend, the EU has everything to win from turning this crisis into an opportunity for its own citizens and economy, for the refugees and migrants it hosts and for their countries of origin. The manner in which the EU addresses this challenge will truly prove if it can live up to its founding principles of human dignity, solidarity, freedom, democracy and equality. This policy brief summarises European measures taken in the last few months and proposes four key actions to create a well-framed European migration policy: effectively implementing the principle of solidarity and fair-sharing of responsibility between Member States; creating more legal entry and integration channels; addressing the root causes of migration; and broadcasting a constructive and positive narrative on migration.