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- Bruun, Niklas, et al.
(författare)
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Sanctions for Unlawful Collective Action in the Nordic Countries and Germany
- 2014
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Ingår i: International Journal of Comparative Labour Law and Industrial Relations. - Alphen aan den Rijn : Kluwer Law International. - 0952-617X .- 1875-838X. ; 30:3, s. 253-271
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Tidskriftsartikel (refereegranskat)abstract
- This article compares the industrial relations systems in Finland, Sweden, Norway, Denmark, and Germany with the aim of exploring the approach to remedies and sanctions in order to find out whether national remedies and sanctions for unlawful industrial action could also be applicable to situations of 'unlawful Collective Action under EU law'. In our opinion, it is crucial for such a comparison to focus not just on the legal remedies at hand in the national legal context, but also to take into account the context of industrial relations in which they function. A comparative study of sanctions and remedies in the Nordic countries and Germany opens up a spectrum of rather complicated rules that have been fine-tuned in legal practice at national level over several decades, including rules on defining lawful collective action, mediation, and interim injunctions. The legislator and the courts have built national systems that are based on an acceptance of Collective Action as a legitimate tool for trade unions, a tool that is not allowed to be misused and that has been developed to support and fit into the national industrial relations system and traditions of collective bargaining. The starting point is that unlawful Collective Action should be subject to economic sanctions, but these sanctions should not endanger continued contractual relations between the labour market parties. Economic sanctions are not primarily calculated on the basis of economic loss on the part of the employers, but many factors are taken into account, such as the size of the trade union as well as any mitigating and aggravating factors in accordance with national law and practice. These aspects should be taken into account also in cases of 'EU-unlawful' collective action.
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| 3. |
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| 4. |
- Johansson, Caroline, 1982-
(författare)
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Nya regler ska underlätta arbetstagares fria rörlighet
- 2013
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Ingår i: EU och Arbetsrätt. - Stockholm : Institutet för social civilrätt vid Stockholms universitets juridiska institution. ; :3
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)
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| 7. |
- Lönn, Johanna, 1982-, et al.
(författare)
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Hepatocyte growth factor in patients with coronary artery disease and its relation to periodontal condition
- 2012
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Ingår i: Results in Immunology. - : Elsevier BV. - 2211-2839. ; 2, s. 7-12
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Tidskriftsartikel (refereegranskat)abstract
- Hepatocyte growth factor (HGF) is an angiogenic, cardioprotective factor important for tissue and vascular repair. High levels of HGF are associated with chronic inflammatory diseases, such as coronary artery disease (CAD) and periodontitis, and are suggested as a marker of the ongoing atherosclerotic event in patients with CAD. Periodontal disease is more prevalent among patients with CAD than among healthy people. Recent studies indicate a reduced biological activity of HGF in different chronic inflammatory conditions. Biologically active HGF has high affinity to heparan sulfate proteoglycan (HSPG) on cell-membrane and extracellular matrix. The aim of the study was to investigate the serum concentration and the biological activity of HGF with ELISA and surface plasmon resonance (SPR), respectively, before and at various time points after percutaneous coronary intervention (PCI) in patients with CAD, and to examine the relationship with periodontal condition. The periodontal status of the CAD patients was examined, and the presence of P. gingivalis in periodontal pockets was analyzed with PCR. The HGF concentration was significantly higher, at all time-points, in patients with CAD compared to the age-matched controls (P< 0.001), but was independent of periodontal status. The HGF concentration and the affinity to HSPG adversely fluctuated over time, and the biological activity increased one month after intervention in patients without periodontitis. We conclude that elevated concentration of HGF but with reduced biological activity might indicate a chronic inflammatory profile in patients with CAD and periodontitis.
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| 8. |
- Malmberg, Jonas, 1962-, et al.
(författare)
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Sweden
- 2014
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Ingår i: The Right to Strike. - Alphen aan den Rijn : Kluwer Law International. - 9789041150073 ; , s. 525-536
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 9. |
- Malmberg, Jonas, 1962-, et al.
(författare)
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The Commission's Posting Package
- 2012
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Ingår i: European Policy Analysis. - Stockholm : Swedish Institute for European Policy Studies. ; :9, s. -16
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)abstract
- In March 2012, the Commission presented two legislative proposals – the Monti II-Regulation and the Enforcement Directive. The proposals constitute a response to the intense debate following the CJEU’s rulings in the Laval quartet. The first proposal, the Monti II-Regulation, aims at clarifying the relationship between the right to take collective action and the economic freedoms. Its vague formulation, however, puts its potential to change the state of law in question. The second proposal, the Enforcement Directive, aims at improving the enforcement of the Posting of Workers Directive. In doing so it shall equally ensure workers’ rights and enhance cross-border services by reducing employers’ administrative burdens. It is doubted, however, whether the methods chosen will be effective, especially that the Directive seems to overlook how closely the different enforcement mechanisms are linked to individual institutional arrangements in the Member States. The following paper analyses these two proposals, examines their potential implications and suggests alternative approaches.
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