Regulating is a national action to promote, restrict, or otherwise affect private sector conduct to bring that conduct in line with national policy objectives. Although often criticized by business, regulation has important public policy objectives (as James Madison said, “”If men were angels, no government would be necessary.”) Regulation in the international trade area is generally aimed at liberalizing trade (an economic goal) by prohibiting unnecessary trade restrictive measures, whether they be pretextual national security or protectionist.
With its judgment of 5 June 2018, the Court of Justice of the European Union has provided much overdue legal certainty for same-sex couples regarding their right of free movement under the EU Treaties. In the Coman-case, the Romanian Constitutional Court asked the CJEU whether EU law prevented the Romanian authorities from refusing a right…
In April 2018, the Labour Tribunal of Turin, Italy, rejected a claim from six platform workers of the food-delivery company, Foodora, seeking to be reclassified as employees. In reaching his decision, the judge relied extensively on the fact that these workers were allegedly free to decide when to work and to disregard previously agreed shifts,…
How to prepare to comply From 1 July 2018 food businesses must comply with labelling requirements set out by the Australian Government which aim to provide consumers with greater transparency on the origin of their food. First introduced on 1 July 2016 as the Country of Origin Food Labelling Information Standard 2016 (Standard) the implementation of the Standard…
Deepening Precarity Although it outlines rules for the workplace, employment regulation has also been imbued with perceived potential for economic stimulus. There has been an inherent tension in this dualism that sees the latter given greater importance. The certainty underlying these plans, however, does not match the unpredictability of economic changes. How can employment regulation…
People within the European Union travel more than ever before for professional or personal reasons. When they do so, the four freedoms enshrined in the TFEU guarantee that they can take with them their siblings, professional qualifications, goods and money. One of the things they could not take with them, however, was their subscription to…
The United Nations Framework Convention on Climate Change (UNFCCC) Paris Agreement was signed in December 2015 to widespread acclaim. Although largely symbolic and non-enforceable, it begat optimism that governments would act to substantially decrease carbon pollution. The agreement focuses on voluntary pledges to reduce carbon pollution in order to limit global warming to a 2.0°…
Tilting at windmills? Innovations in information technology can be both positive and negative when applied to the workplace. On the positive side, there is an extended reach for individuals in any one country. Borders become less of an obstacle. However, regulatory frameworks within jurisdictions may remain hardened. Employment is one regulatory framework in which rigidity…
The private ridesharing opportunities created by Uber have disrupted existing private transport services to an unprecedented extent. In the wake of the Court of Justice’s recent Elite Taxi judgment (C-434/15), it became clear that Member States primarily remain responsible for the regulation of private ridesharing transport services such as Uber. The most common approach taken…
Ever since the European Court of Justice brought the rule-making activity of sports federations within the scope of EU law, the European competition rules have emerged as a unique instrument to assert control over sports’ transnational private regulatory power. Other than in the area of revenue-generating activities related to sports (e.g. ticket sales arrangements or…
As EU-UK negotiations continue on Brexit, a well-known theme re-emerges, the impact of labour regulations on economic growth. As highlighted by David Mangan, UK government policy of ‘lightening’ the burden of employment law on business is a continuing endeavour and is not prevented by EU membership. It has also been argued that the flexibility of…
Employment regulation as an economic stimulus draws attention to the connection between aims and actions. The United Kingdom should remain an intriguing study in this regard. As of 2019, the UK moves into the ‘Global Britain’ or ‘British Way’ era in which the country rebuffs EU-negotiated trade agreements and instead aims to negotiate similar if…
To date the debate on the “future of work” and technology has predominantly concentrated on the quantity of jobs that will be lost or gained because of automation. While this is certainly important, we should also be concerned about the quality of the jobs we are creating. Over the past few weeks, the news has…
Keep pace with change. We are witnessing change at a very rapid pace. Brexit and “disTrumption,” among other developments, have changed the landscape for international business. A new blog will synthesize and make sense of these developments. The blog, initiated by Wolters Kluwer, will be called “Regulating for Globalization” and is designed to address the significant changes taking place…
