| 1. |
|
|
| 2. |
|
|
| 3. |
|
|
| 4. |
- Lerwall, Lotta
(författare)
-
Könsdiskriminering – en analys av nationell och internationell rätt
- 2001
-
Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis examines the concept of sex discrimination in Swedish law compared with EU-law and international (human rights) law. Focus lies on labour law and educational law. The first part of the study gives a general background to the legislation on sex discrimination and the aim of gender equality. The second part of the study analyses the concepts of "sex" and "discrimination". The different components of sex discrimination are identified. There are differences between the systems regarding what is included in the concept of sex. The approach to the concept of discrimination also differs. Swedish law and EU-law consider all adverse differential treatment as discrimination but are open to exceptions to the prohibition. There can be exceptions in cases of direct discrimination but not in cases of indirect discrimination. International law only considers unreasonable differential treatment as discrimination. Consequently exceptions are not needed. There are differences between the three legal systems regarding what differential treatment is allowed. This is discussed in the third part. This part also encompasses an analysis of the terminology regarding actions promoting gender equality. In the fourth part there is a concluding discussion on the concept of discrimination on grounds of sex in relation to the goal of gender equality. I argue that reasons for differential treatment must be thoroughly examined before being accepted as gender neutral and that differential treatment on grounds of sex should not be allowed if it is in contradiction with the aim of gender equality. I also propose a change in the Swedish law to only consider unreasonable differential treatment on grounds of sex as gender discrimination.
|
|
| 5. |
- Malmberg, Jonas, 1962-
(författare)
-
Effective Enforcement of EC Labour Law: A Comparative Analysis of Community Law Requirements
- 2004
-
Ingår i: European journal of industrial relations. - London : Sage. - 0959-6801 .- 1461-7129. ; 10:2, s. 219-229
-
Tidskriftsartikel (refereegranskat)abstract
- This article deals with the rules designed to enforce European Union labour law in the workplace. Directives do not normally provide specific rules on procedures and sanctions according to which their substantive provisions are to be enforced. Instead, domestic rules are to be applied. The European Court of Justice, however, has developed some requirements that limit the autonomy of the Member States in this area. The aim of this article is to evaluate the principle of effective enforcement in the field of labour law, in the light of actual enforcement procedures in the Member States.
|
|
| 6. |
|
|
| 7. |
|
|
| 8. |
|
|
| 9. |
|
|
| 10. |
- Malmberg, Jonas
(författare)
-
The Legal Position of Employees’ in Cross-Border Transfers of Undertakings in EU – A Question of Jurisdiction and Choice of Law
- 2006
-
Ingår i: International Journal for Comparative Labour Law and Industrial Relations. - New York : Aspen publishers. - 0952-617X. ; 22, s. 385-406
-
Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- The EC Transfer of Undertakings Directive (2001/23/EC) aims to protect the position of employees in the case of a transfer of undertaking. This paper discusses the way in which the Directive is to be applied to cross-border transfers of undertakings. The analysis indicates that, in principle, the Directive is applicable to such transfers. Since the Directive must be implemented under national law, this involves different national rules for transfers of undertakings, even if they are harmonised to some extent. As a result, one key issue concerns which country’s law is to apply and which country’s courts have jurisdiction to hear disputes arising from cross-border transfers.
|
|
