Czech Law in Historical Contexts

Czech Law in Historical Contexts
Author: Jan Kuklík
Publisher: Charles University in Prague, Karolinum Press
Total Pages: 239
Release: 2015
Genre: Law
ISBN: 8024628600

The legal system of the present-day Czech Republic would not be understood properly without sufficient knowledge of its historical roots and evolution. This book deals with the development of Czech law from its initial origins as a form of Slavic law to its current position, reflecting the influence of the legal systems of neighbouring countries and that of Roman law. The reader can see how a legal system originally based on custom developed into written and codified law. Czech law was fully dependent upon developments within the Luxemburg, Jagiellonian and, primarily, Habsburg monarchies, although some features remained autonomous. The 20th century is particularly important in the development of the Czech state and law of today, namely due to the establishment of an independent Czechoslovakia in 1918 and its split in 1992 giving rise to the independent identities of the Czech Republic and the Slovak Republic. It was a century encompassing periods of democratic as well as totalitarian regimes; political, ideological, economic and social changes stemming from such transformations were projected into, and reflected in, the system of Czechoslovak and Czech law. It can therefore serve as a “case study” for researchers interested in the transition of democratic legal systems into totalitarian regimes, and vice versa.

Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011

Czech Yearbook of International Law - Rights of Host States within the System of International Investment Protection - 2011
Author: Alexander J. Bělohlávek
Publisher: Juris Publishing, Inc.
Total Pages: 432
Release: 2011-03-01
Genre: Foreign trade regulation
ISBN: 1578233054

With the successful introduction in 2010 of the Czech Yearbook of International Law, Professor Alexander J. Bělohlávek and Professor Naděžda Rozehnalová, the editors, present the 2011 volume of this ambitious project. The second volume focuses on the admittedly controversial topics relating to a shift from the investors’ viewpoints on investment protection to the contrasting viewpoints of the host states, which are facing growing numbers of alleged claims by investors. Volume II has set as its objective to plot the shift in the paradigm towards a new balance between investors and host states in the investment protection system. Such a shift can be observed in the rising number of counterclaims brought by host states against investors, by the introduction of new standards for evaluation of investments in light of the good faith of the investor at the time of an investment, and by the choice of an absolute means of protection of a host state's interest against investor claims by termination of an existing investment treaty. These topics represent pieces of the whole mosaic of this problem, to which the second volume of the Czech Yearbook of International Law is dedicated to a wide professional audience. The Czech Yearbook of International Law (CYIL) is a collective effort by the following persons and institutions

Czech Social Attitudes in the European Context

Czech Social Attitudes in the European Context
Author: Klára Vlachová
Publisher: Lexington Books
Total Pages: 197
Release: 2024-04-24
Genre: Social Science
ISBN: 1666948810

Czech Social Attitudes in the European Context: In the Heart of Europe reflects the political, welfare, and general social attitudes in the Czech Republic, which has 30 years of existence, in European comparison. In nine chapters, the team of contributors address understanding and evaluations of democracy, discriminated group identity, satisfaction with democracy, distributive justice beliefs, support for income redistribution, pay fairness, equity norms, life satisfaction, job satisfaction, subjective well-being, (un)happiness, social isolation, perceived unsafety, family norms related to parenthood, and attitudes towards migration in pre- and post-COVID-19 times. This book captures a mild disappointment from low incomes and income equality, their effects on job satisfaction, happiness, and understanding of democracy in this critical era. Rigorous quantitative analyses of attitudes are based on the up-to-date European Social Survey data. Each chapter is a stand-alone piece. Nevertheless, their findings confirm and complement each other.

New Forms of Employment in Europe

New Forms of Employment in Europe
Author: Roger Blanpain
Publisher: Kluwer Law International B.V.
Total Pages: 452
Release: 2016-11-30
Genre: Law
ISBN: 9041162410

The 'full-time job' is no longer an option for many people seeking employment. It has been replaced by an ever-expanding plethora of 'atypical' employment relationships designed by employers to streamline their operations and/or take advantage of information communications technology. Numerous labour law issues arise, demanding urgent attention. How should law and policy best address these challenges? This incomparable and timely book explores this contentious topic in depth, presenting ten penetrating essays on aspects of the topic by leading European authorities followed by reports on new forms of employment in thirty-five European countries Full-scale analysis of new forms of employment, their characteristics, and their effects on working conditions and the labour market includes such issues as the following: - employment relationships with more than one employer; - discontinuous and/or intermittent work; - work based on networking arrangements; - labour pooling; - crowdworking and crowsourcing; - lack of worker representation; - rights for vulnerable migrant workers; - removal of wage and hours threshold; - false self-employment; - non-payment of 'small' amounts (e.g., holiday pay); - portage salarial; - voucher-based work; - ICT-based mobile work; - organizations offering specific administrative services; - need for safety nets for workers; and - existing and potential monitoring and control mechanisms. Relevant EU Directives and national legal frameworks regarding new forms of employment are fully discussed, with an emphasis on recent trends and proposed solutions. This volume raises awareness of the problems generated by new emerging forms of employment and provides some answers and insights, including lessons to be learned from current developments. In particular, the authors' bringing to light of issues that have not been sufficiently addressed so far under European law will be welcomed by labour law practitioners, company legal counsel, human resources professionals, and academics in the field.

Philosophical and Sociological Reflections on Labour Law in Times of Crisis

Philosophical and Sociological Reflections on Labour Law in Times of Crisis
Author: Eduardo von Adamovich
Publisher: Cambridge Scholars Publishing
Total Pages: 455
Release: 2022-05-13
Genre: Law
ISBN: 1527583503

Starting from the assertion that crisis is part of the essence of labour law, this volume brings together researchers in the field who accepted the challenge to critically reflect on this branch of the discipline. As the COVID-19 pandemic has had a global impact, labour law across the world must come to terms with a new reality. In this context, it would be prudent to adapt to new circumstances by taking known paths. To this end, this book reflects on what effectively constitutes labour law, considering questions which are not usual within labour law. Insights from philosophical, sociological and even economic standpoints are mobilised to reconcile the past with the future of labour law.

Private International Law in the Czech Republic

Private International Law in the Czech Republic
Author: Monika Pauknerová
Publisher: Kluwer Law International B.V.
Total Pages: 316
Release: 2019-07-10
Genre: Law
ISBN: 9403513721

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in the Czech Republic. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in the Czech Republic. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law

National Constitutions in European and Global Governance: Democracy, Rights, the Rule of Law
Author: Anneli Albi
Publisher: Springer
Total Pages: 1522
Release: 2019-05-29
Genre: Law
ISBN: 9462652732

This two-volume book, published open access, brings together leading scholars of constitutional law from twenty-nine European countries to revisit the role of national constitutions at a time when decision-making has increasingly shifted to the European and transnational level. It offers important insights into three areas. First, it explores how constitutions reflect the transfer of powers from domestic to European and global institutions. Secondly, it revisits substantive constitutional values, such as the protection of constitutional rights, the rule of law, democratic participation and constitutional review, along with constitutional court judgments that tackle the protection of these rights and values in the transnational context, e.g. with regard to the Data Retention Directive, the European Arrest Warrant, the ESM Treaty, and EU and IMF austerity measures. The responsiveness of the ECJ regarding the above rights and values, along with the standard of protection, is also assessed. Thirdly, challenges in the context of global governance in relation to judicial review, democratic control and accountability are examined. On a broader level, the contributors were also invited to reflect on what has increasingly been described as the erosion or ‘twilight’ of constitutionalism, or a shift to a thin version of the rule of law, democracy and judicial review in the context of Europeanisation and globalisation processes. The national reports are complemented by a separately published comparative study, which identifies a number of broader trends and challenges that are shared across several Member States and warrant wider discussion. The research for this publication and the comparative study were carried out within the framework of the ERC-funded project ‘The Role and Future of National Constitutions in European and Global Governance’. The book is aimed at scholars, researchers, judges and legal advisors working on the interface between national constitutional law and EU and transnational law. The extradition cases are also of interest to scholars and practitioners in the field of criminal law. Anneli Albi is Professor of European Law at the University of Kent, United Kingdom. Samo Bardutzky is Assistant Professor of Constitutional Law at the University of Ljubljana, Slovenia.

Migration and Social Protection in Europe and Beyond (Volume 1)

Migration and Social Protection in Europe and Beyond (Volume 1)
Author: Jean-Michel Lafleur
Publisher: Springer Nature
Total Pages: 433
Release: 2020-10-30
Genre: Social Science
ISBN: 303051241X

This first open access book in a series of three volumes provides an in-depth analysis of social protection policies that EU Member States make accessible to resident nationals, non-resident nationals and non-national residents. In doing so, it discusses different scenarios in which the interplay between nationality and residence could lead to inequalities of access to welfare. Each chapter maps the eligibility conditions for accessing social benefits, by paying particular attention to the social entitlements that migrants can claim in host countries and/or export from home countries. The book also identifies and compares recent trends of access to welfare entitlements across five policy areas: health care, unemployment, family benefits, pensions, and guaranteed minimum resources. As such this book is a valuable read to researchers, policy makers, government employees and NGO’s.