101,858 research outputs found

    An Internationally oriented interpretation of EU law on public procurement: strenghtening labour clauses through ILO Convention No 94

    No full text
    The paper explores the issue of working conditions and labour clauses in public procurement. It provides an analysis of the content of ILO Convention no. 94, as interpreted by the CEACR, as well as of the relevant EU legal framework, in order to clarify if and to what extent the obligations under international labour law differ from those set by the EU norms that protect competition and economic freedoms. The EU legal framework is extremely complex and not free from uncertainties, fuelled by a controversial case law of the Court of Justice, which has addressed, several times, the compatibility of labour clauses with the freedom to provide services. Moreover, both Directive 2014/24 and Directive 96/71 ignore ILO Convention no. 94. Consequently, an evident problem arises, especially for those States that do not provide for generally binding collective agreements, and, hence, may easily incur in violations of the internal market principles. The aim of the paper is to provide an interpretation of the founding principles of the internal market integration harmonious with the applicable international labour standards, implemented by numerous national laws. The solution is to be found in the proper application of Article 351 TFEU, which may prevent the risk of denouncing ILO Convention no. 94. In order to avoid an irreparable conflict between EU law and ILO sources, the authors try to avoid a shallow interpretation of the standards set by the latter. They rather opt for resolving ambiguities and uncertainties of the CJEU’s case law in a way that promotes the maximum employment standards in public procurement, precisely by promoting the ILO norms, as sources that concur to define the EU general principles on labour

    The Italian way to internal devaluation and social actors' strategies against austerity and the flexibilization of the labour market

    No full text
    Sommario: Introduction: the Italian way to internal devaluation; 1.a Precarization of labour and weakening of trade union action at company level (amendment of dismissal law); 1.b Circumvention of the CCNL by means of exceptional employment contracts; 1.c Downward competition on labour costs by means of outsourcing and value chains; 1.d Promotion of decentralized collective bargaining and its power to derogate from the law and freezing of collective bargaining in the public sector; 2. The trade union(s) strategies; 2.a Bargaining strategy; 2.b Judicial strategy; 2.c Confrontational strategy; 3. New challenges for workers and new challenges for their organization(s); 3.a Italian trade unions’ strategies; 3.b Alternative experiences of (and in favour of) precarious workers; 4. Anti-austerity protests: the involvement of trade unions and social movements; 5. Concluding remarks; Bibliography

    Esternalizzazione del core business nel settore alimentare: il caso Italpizza

    No full text
    The essay is based on a case study carried out by the authors as part of the research project “Securing workers rghts in subcontracting chainsμ funded by the ETUC. The Italpizza case is presented as an extreme example of outsourcing, involving the entire production cycle. The authors highlight the criticalities of the current legal framework, which allows companies to adopt such a business model

    Peri-implant bone tissues around retrieved human implants after time periods longer than 5 years: a retrospective histologic and histomorphometric evaluation of 8 cases.

    No full text
    Only rarely, it is possible to find in the literature histological reports of human retrieved implants, especially after several years of functional loading. These implants can help us in understanding the reactions of peri-implant bone. The aim of this study was to perform a histologic and histomorphometric analysis of the peri-implant tissues behavior and of the bone-titanium interface in titanium dental implants retrieved from patients after time periods longer than 5 years. The archives of the Implant Retrieval Center of the Dental School of the University of Chieti-Pescara, Italy were searched for human dental implants, retrieved after a loading period of more than 5 years. A total of 8 implants were found: 3 of these had been retrieved after 5 years, 1 after 6 years, one after 10 years, 1 after 14 years, 1 after 18 years, 1 after 22 years. Only the bone to implant contact in the three best threads was evaluated. Compact, mature, lamellar bone, with few and small marrow spaces, was present around the implants. Osteons with Haversian canals were present inside some threads, in close proximity to the interface, at both cortical and trabecular regions. Other osteons had a direction perpendicular to the direction of the long axis of the implants. Numerous reversal lines were present. At higher magnification, no gaps or fibrous, connective tissues were present at the interface. The BIC of the three best threads for all implants varied from 94 to 100 %.In conclusion, within the limitations of the present report histology showed that implants with different surfaces all presented the potential to maintain osseointegration over a long period, with a continuous remodeling at the interface, as indicated by the presence of reversal lines

    Bibliographie Hilarion G. Petzold 1958 – 2009 mit Anhang als Einführung

    No full text
    Dieses Archiv enthält die Gesamtbibliographie der Werke des Autors nebst einiger Texte „Über H. G. Petzold“ im Schlussteil der Bibliographie sowie einen Anhang mit einer Einführung in die Architektur des Werkes in seinem wissenslogischen Aufbau als Ausarbeitung seines „Tree of Science Modells“ (2007).This archive contains the complete bibliography of the author and some texts about H. G. Petzold, moreover an epilogue with an introduction to the architecture of the works in its epistemological structure and composition and as an elaborations of Petzold’s „Tree of Science Modell (2007).https://www.fpi-publikation.de/polyloge/01-2009-petzold-h-g-gesamtbibliographie-h-g-petzold-1958-2009-updating-november2009/peerReviewedpublishedVersio

    Dispelling the Myths Behind First-author Citation Counts

    No full text
    We conducted a full-scale evaluative citation analysis study of scholars in the XML research field to explore just how different from each other author rankings resulting from different citation counting methods actually are, and to demonstrate the capability of emerging data and tools on the Web in supporting more realistic citation counting methods. Our results contest some common arguments for the continued use of first-author citation counts in the evaluation of scholars, such as high correlations between author rankings by first-author citation counts and other citation counting methods, and high costs of using more realistic citation counting methods that are not well-supported by the ISI databases. It is argued that increasingly available digital full text research papers make it possible for citation analysis studies to go beyond what the ISI databases have directly supported and to employ more sophisticated methods

    Author-springer.pdf

    No full text
    guilguniluhjkjgjkjhnkjgj hujkk gjk hioyhiu ug gg g

    The Right to Strike under the United States Constitution: Theory, Practice, and Possible Implications for Canada

    No full text
    Answering critics of the Canadian Supreme Court's judgment in B.C. Health, the author argues that the Court laid the foundation for a principled and durable doctrine protecting constitutional labour rights, one that goes directly to the heart of the matter — the inequality of workers’ power in the employment relation. In the author’s view, two paths could lead from B.C. Health to the recognition of Charter protec- tion for a right to strike: one that treats the right as an accessory to col- lective bargaining, and one that upholds the right directly on the basis of the Charter values of equality and participation. The author supports the latter approach, contending that constitutional rights should be defined in relation to fundamental values, in a way that is not contingent on time-bound or fact-sensitive assessments about the role of strikes within a particular collective bargaining regime. Although a Charter right to strike may involve the courts in difficult choices about when to defer to legislative policy decisions, and courts may lack the institutional capac- ity to deal effectively with labour law issues, the author points out that judges can look to ILO standards for expert guidance. Noting that the U.S. experience in this area might be of considerable use to Canadians, the author concludes by providing an overview of American case law concerning a constitutional right to strike.Peer reviewe
    corecore