1,721,187 research outputs found
Care in Family Relations: The Case of Surrogacy Leave
No full textThe advance of reproductive technologies, like surrogacy arrangements, confronts courts with new demands and dilemmas. This contribution analyses the potential of EU law towards a better and more balanced reconciliation of work, private and family life when no national law applies. In two recent cases of the Court of Justice of the EU on leave for surrogacy mothers, the Advocates General Kokott and Wahl published diverging opinions on similar prejudicial questions of national courts. These opinions illustrate some difficulties in applying the EU concept of equality and interpreting the scope of relevant EU law on leaves. The Court followed a cautious approach, which is not surprising given the lack of consensus on surrogacy arrangements in the member states and their legal implications. Developments in society and technologies in relation to motherhood, fatherhood and parenthood give rise to new legal questions. However, the existing EU legal instruments in this field were not designed to address questions such as for example surrogacy leave for commissioning mothers and fathers. A modernisation of the EU instruments in the light of societal, technological and legal developments in the member states would provide an opportunity to remedy some gaps in the existing EU legal framework on reconciliation issues. In a society where participation in the labour market of both women and men is increasing and getting more balanced, the need to address care of children, older people and disabled people becomes more urgent
De spreekuurrechter: een nuttige innovatie?
No full textIs de Spreekuurrechter, een pilot bij de Rechtbank Noord-Nederland, een nuttige innovatie voor de geschilbeslechting in eenvoudige civiele zaken? Bestudering van het nabijheidsprincipe voor rechtspraak, de afbakening van het rechterlijke domein en een Frans voorbeeld van rechtspraakinnovatie maakt duidelijk dat de proef potentieel heeft maar ook kritisch moet worden bekeken
Book review: ‘Digital Libraries: Reconciling Copyright Law and Cultural Heritage Policy’, Estelle Derclaye (ed.)
No full textCopyright law and cultural heritage policy are an odd couple. Although they have the same aims – or, more accurately, should have the same aims – they are often in conflict. Cultural heritage policy aims to preserve and make accessible works that are deemed to be part of our shared culture – books, articles, pictures, paintings, photographs, music, recordings, films, statues, architecture, and the like. However, copyright grants an exclusive right to the rightsholder to reproduce or disseminate such works. Therefore, to achieve cultural heritage policy goals in respect of recent copyrighted material often requires the consent of the copyright owner
Book review: ‘The Interface between Intellectual Property, Human Rights, and Competition'
No full textStudying Law in Society: Static and Dynamic Conceptions of Social Norms
Full text linkThis issue of Erasmus Law Review explores the relation between law and society by investigating different conceptions of social norms. Different conceptions of social norms may inform how one views or understands the relation between law and society and hence influences the conclusions you make as a scholar. The conceptual continuum between static and dynamic conceptions of social norms can be utilised to reflect on one’s own understanding of social norms. The contributions to this issue can be read as illustrations of particular conceptions of social norms. We would consider Yuan and Pei’s contributions to belong to the static side of our continuum. Yuan’s contribution uses economic theories to explore how transnational norms develop in business law, while Pei investigates how generally held beliefs on litigation have taken form in the Chinese criminal justice system. Müller’s contribution, on the other hand, relies on a dynamic conception of social norms to examine the differences in policing of indigenous and immigrant youth
Rethinking the Public-Private Law Divide in the Age of Governmentality and Network Governance: An Analysis of French, English and Dutch Administrative Law
No full textThis article presents an analysis of the ways in which the public-private law divide is envisioned in French, English and Dutch law. First, it explains why French law’s tradition of regarding public and private law as ‘two separated worlds’ is now outmoded, failing to live up to the present trends of ‘governmentality’ and ‘network governance’ determining the modern art of government. Subsequently, it argues that the holistic idea of English common law as French law’s conceptual counterpart is equally outmoded, with its ideology of ‘self-government’ within a ‘stateless society’ being out of touch with an age of managerialism and ‘governmentality’ in which the state withdraws from society only to increase its grip on societal processes. Finally, it proposes a paradigm recently developed in Dutch doctrinal thought as an attractive theoretical framework for structural innovations that may contribute to a stable and legitimate system of modern European public law that attunes to its present context without being alienated from its central classical tenets – be it either those rooted in the French or the English tradition
Nut en noodzaak van best practices in mediation bezien vanuit het evaluatieonderzoek naar Peer Review onder MfN-registermediators
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