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The principles of equality and non-discrimination, a comparative law perspective - Canada

26-11-2020

This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World ...

This document is part of a series of studies, which, in a comparative law perspective, seek to present the principles of equality and non-discrimination in different States. This study examines sources of equality law and judicial interpretation of the principles of equality and non-discrimination in Canada. Contemporary equality law was a response to histories of both public and private discrimination in Canada. Statutory protections for equality and non-discrimination emerged in the post World War II era and were expanded and consolidated in the 1960s and 1970s. Constitutional reforms in the 1980s enshrined equality in the Canadian Charter of Rights and Freedoms. Since then, equality jurisprudence has expanded the interpretation of discrimination to include direct, indirect and systemic discrimination. Courts have rejected formal equality to embrace expansive notions of substantive equality in interpreting constitutional protections. Even with such strides over the last decades towards robust equality and non-discrimination principles and protections, just and effective implementation of their promise remains a pressing challenge for Canada.

Zunanji avtor

Professor Colleen SHEPPARD, Professor of Law, Faculty of Law, McGill University

Ratification of international treaties, a comparative law perspective - United States of America

15-07-2020

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the ratification of international treaties in different legal systems. The subject of this study is the ratification of international treaties under the laws of the United States. It describes relevant constitutional, statutory, and other legal provisions with respect to the making and ratification of treaties, as well as legal provisions relating to the making of ...

This study forms part of a wider-ranging project which seeks to lay the groundwork for comparisons between legal frameworks governing the ratification of international treaties in different legal systems. The subject of this study is the ratification of international treaties under the laws of the United States. It describes relevant constitutional, statutory, and other legal provisions with respect to the making and ratification of treaties, as well as legal provisions relating to the making of executive agreements, which also constitute binding international obligations of the United States. The study discusses the approach to international law taken by the U.S. legal system, and the position of treaties and executive agreements within the hierarchy of U.S. laws. The international agreement process and its participants are described. The study then considers the time required for ratification of treaties. This study is intended to give European Parliament bodies an overview of the ratification process of the respective contracting parties (the United States of America, in this instance). This will enable them, for example, to estimate the time required by other treaty partners to ratify any prospective future treaty and to adjust their work programme accordingly.

Zunanji avtor

This study has been written by Mr Andrew M. WINSTON, Chief, Public Services Division, Law Library of Congress, of the United States Library of Congress, at the request of the “Comparative Law Library” Unit, Directorate-General for Parliamentary Research Services (DG EPRS), General Secretariat of the European Parliament.

Cooperatives: Characteristics, activities, status, challenges

26-02-2019

Cooperatives are autonomous associations of people aspiring to achieve their objectives through a jointly owned and democratically controlled enterprise. International organisations, such as the United Nations and the European Union (EU), value the role cooperatives play for society, the economy and (international) development. There are 3 million cooperatives worldwide; together, they provide employment for 280 million people, equating to 10 % of the world's employed population. The 300 largest ...

Cooperatives are autonomous associations of people aspiring to achieve their objectives through a jointly owned and democratically controlled enterprise. International organisations, such as the United Nations and the European Union (EU), value the role cooperatives play for society, the economy and (international) development. There are 3 million cooperatives worldwide; together, they provide employment for 280 million people, equating to 10 % of the world's employed population. The 300 largest cooperatives and mutuals in the world had a total turnover of US$2.018 trillion in 2016. In the EU there are some 131 000 cooperatives, with more than 4.3 million employees and an annual turnover of €992 billion. While cooperatives have grown in importance for the (social) economy over the past four decades, they face both long-standing and new challenges, resulting from globalisation or the presence of myriad national laws, but also from organisational and governance issues. Cooperatives have become more product-based and less region-based (in terms of member representation). In addition, cross-border-oriented cooperatives and producer organisations often experience legal uncertainty because of the absence or inconsistent application of international legislation. Policy- and law-makers are currently discussing a number of initiatives aimed at creating a level playing field for cooperatives, both in the EU and globally, that would allow them to compete with investor-oriented firms without giving up their social and cultural orientation. An enabling European legal framework could provide transversal recognition of the cooperative business model across the different sectors of the economy. While small and emerging cooperatives need more targeted funding, and assistance with capacity-building and organisational aspects, larger cooperatives require more EU and national-level support in order to achieve their aims in terms of professionalisation.

Copyright Law in the EU: Salient features of copyright law across the EU Member States

13-07-2018

As part of the mission to provide the Members and Committees of the European Parliament with new research tools in the area of comparative law, this document presents salient features of copyright law across the EU Member States and, more in particular, the prima facie corresponding provisions in national law relating to the exceptions and limitations contained in Directives 2001/29/EC and 2012/28/EU. The document will be updated regularly, especially in its electronic version, to take account of ...

As part of the mission to provide the Members and Committees of the European Parliament with new research tools in the area of comparative law, this document presents salient features of copyright law across the EU Member States and, more in particular, the prima facie corresponding provisions in national law relating to the exceptions and limitations contained in Directives 2001/29/EC and 2012/28/EU. The document will be updated regularly, especially in its electronic version, to take account of new or modified provisions of national law in relation to – mandatory or optional – exceptions and limitations deriving from existing or future EU legislation.

Zunanji avtor

EPRS, Comparative Law

New lobbying law in France

04-07-2018

Since 1 May 2018, France's new lobbying law is fully implemented. Part and parcel of recent legislation on transparency (Sapin II package), it was adopted on 9 December 2016, providing a regulatory framework for lobbying activities and establishing a mandatory national register ('le repertoire') for lobbyists. In a step-by-step process, first, the repertoire, in which all active interest representatives must sign up, was created on 1 July 2017. After registering by 1 January 2018, interest representatives ...

Since 1 May 2018, France's new lobbying law is fully implemented. Part and parcel of recent legislation on transparency (Sapin II package), it was adopted on 9 December 2016, providing a regulatory framework for lobbying activities and establishing a mandatory national register ('le repertoire') for lobbyists. In a step-by-step process, first, the repertoire, in which all active interest representatives must sign up, was created on 1 July 2017. After registering by 1 January 2018, interest representatives were then under the obligation to report their lobbying activities in this repertoire by 30 April 2018. The repertoire, with just over 1 00 registrants to date, is overseen by the 'Haute Autorité pour la Transparence de la Vie Publique' (HATVP). In France, the cultural acceptance of lobbying as a profession has been slow, and the new law will make a huge difference in terms of making lobbying activities public, with a regulation closely following the Irish example. The Sapin II package aims for a general increase in public accountability and transparency of the decision-making processes. Some incremental steps in this direction had been taken previously, primarily with the establishment of the HATVP in January 2014 as an independent body to oversee the integrity and transparency of the national public institutions.

Judicial remedies for individuals before the highest jurisdictions, a comparative law perspective - The United Kingdom

09-10-2017

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court ...

The study presented below forms part of a larger project whose aim is to provide a comparative analysis of the rights of individuals in law proceedings before the highest courts of different States and before certain international courts. The objective is to describe the various remedies developed under domestic law that are available through the UK courts including the Supreme Court which, though not a constitutional court in the classic Kelsenian model, does sits at the apex of the appellate court structure in the UK. The study commences with an historical introduction which stresses the absence in domestic law of a clearly delineated sense of what counts as ‘constitutional’ .In traditional accounts of the UK Constitution there is no hierarchy of higher order ‘constitutional’ and ‘ordinary’ Acts of Parliament. Neither has a separate court structure developed to handle exclusively constitutional claims, although specialised ad hoc tribunals do exist in public law contexts. The underpinning principles remain (i) the doctrine of parliamentary sovereignty and (ii) the rule of law. After this introduction, a review is provided of the main remedies and procedures used for the redress of grievances against public bodies. In a subsequent section of materials, a table of the main sources of individual rights against the state is provided. The domestic status of constitutional conventions and international law are dealt with in this part. Then, an account of the substantive norms informing the standards of effective protection for the individual is given, including some critical commentary on the operation of key provisions. The concluding section compares the benefits and drawbacks of specialised tribunal adjudication, the ‘politicised’ nature of certain judicial review proceedings against a background of increasing privately-owned provision of services to the public and the continuing relevance of private law tort claims where compensation for mistreatment at the hands of the state is sought.

Zunanji avtor

EPRS, Comparative Law

The Social and Employment Situation in Spain

15-08-2017

This document describes the situation of employment policies in Spain and assesses their recent effects on the labour market in the context of the employment upturn that started in 2013. The impact of unemployment on poverty and the population at risk of social exclusion and the population in a situation of dysfunctional mobility are analysed, highlighting the changes caused in his composition by the impact of the economic crisis.

This document describes the situation of employment policies in Spain and assesses their recent effects on the labour market in the context of the employment upturn that started in 2013. The impact of unemployment on poverty and the population at risk of social exclusion and the population in a situation of dysfunctional mobility are analysed, highlighting the changes caused in his composition by the impact of the economic crisis.

Zunanji avtor

Oriaol HOMS

Regulating lobbying in Canada

03-05-2017

The recent populist backlash against traditional political systems in many countries has put the issue of ethics at the forefront of government attempts to demonstrate that public policy is carried out without undue influence or interference from vested interests. As one of the first four countries in the world to regulate parliamentary lobbying activities, Canada provides an interesting example of legislation aimed at boosting transparency, honesty and integrity in public decision-making. Evolving ...

The recent populist backlash against traditional political systems in many countries has put the issue of ethics at the forefront of government attempts to demonstrate that public policy is carried out without undue influence or interference from vested interests. As one of the first four countries in the world to regulate parliamentary lobbying activities, Canada provides an interesting example of legislation aimed at boosting transparency, honesty and integrity in public decision-making. Evolving from the 1989 Lobbyists Registration Act, today’s Lobbying Act lays out the types of activities concerned and the processes of lobbying regulation, including sanctions, leading to a new wave of investigations and rulings. While a decision on the European Commission’s proposal for an obligatory transparency register is awaited, registration with the Registry of Lobbyists in Canada is already mandatory for any individual who is paid to carry out lobbying activities, on their own or on behalf of others. Lobbying activities are considered to include all oral and arranged communications with a public office about legislative proposals, bills, resolutions or grants. Consultant lobbyists must also declare meetings held with public office-holders, and communications they make regarding contracts for grants, on a monthly basis. Reporting takes the form of regular monthly ‘returns’, lodged with the Commissioner of Lobbying. In cases of conviction for a breach of the rules, sanctions can include fines and imprisonment. The lobbyists’ code of conduct, established in consultation with the lobbying community, is enforced by the Commissioner of Lobbying and provides guidance on access to public office-holders, conflicts of interest, and gifts. However, there are no fines or imprisonment for breaches of this code.

Gender equality policies in Slovakia

14-04-2017

The Slovak Republic addresses equality between women and men both in its national legislation and relevant strategic materials and documents. With the aim to strengthen institutional support for women and development of effective policies and programmes, the Slovak republic made necessary changes in legislation and adjusted policies to better facilitate creation of conditions for effective implementation of systematic measures at the institutional level. These have been essential in the effort to ...

The Slovak Republic addresses equality between women and men both in its national legislation and relevant strategic materials and documents. With the aim to strengthen institutional support for women and development of effective policies and programmes, the Slovak republic made necessary changes in legislation and adjusted policies to better facilitate creation of conditions for effective implementation of systematic measures at the institutional level. These have been essential in the effort to achieve gender equality and eliminate gender inequalities in the society.

Zunanji avtor

Silvia PORUBANOVA, Institute for Labour and Family Research

Comparing EU and US Car Emissions Legislation

15-02-2017

This study was commissioned by Policy Department A at the request of the committee of inquiry into emission measurements in the automotive sector (EMIS). It provides a comparative study on the differences between the EU and US legislation on emissions in the automotive sector, covering the emissions standards themselves; the systems for their implementation and enforcement, including approval systems for vehicles; and the respective regimes for prohibiting the use of defeat devices.

This study was commissioned by Policy Department A at the request of the committee of inquiry into emission measurements in the automotive sector (EMIS). It provides a comparative study on the differences between the EU and US legislation on emissions in the automotive sector, covering the emissions standards themselves; the systems for their implementation and enforcement, including approval systems for vehicles; and the respective regimes for prohibiting the use of defeat devices.

Prihajajoči dogodki

25-10-2021
European Gender Equality Week - October 25-28, 2021
Drug dogodek -
FEMM AFET DROI SEDE DEVE BUDG CONT ECON EMPL ITRE TRAN AGRI PECH CULT JURI PETI
25-10-2021
Ninth meeting of the Joint Parliamentary Scrutiny Group on Europol, 25-26 October
Drug dogodek -
LIBE
26-10-2021
Investment Policy and Investment Protection Reform
Predstavitev -
INTA

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