Zoekresultaat: 9 artikelen

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Jaar 2014 x
Article

Access_open Private International Law: An Appropriate Means to Regulate Transnational Employment in the European Union?

Tijdschrift Erasmus Law Review, Aflevering 3 2014
Trefwoorden private international law, applicable law, overriding mandatory provisions, transnational employment relations, posting of workers
Auteurs Prof.dr. Aukje A.H. Ms van Hoek
SamenvattingAuteursinformatie

    The regulation of transnational employment in the European Union operates at the crossroads between private international law and internal market rules. The private international law rules are currently laid down in the Rome I Regulation. This regulation is complemented by the Posted Workers Directive, a directive based on the competences of the EU in the field of free movement of services. The current contribution first describes the rules which determine the law applicable to the employment contract under Article 8 Rome I Regulation and the way these rules are interpreted by the CJEU before critically analysing these rules and the reasoning that seems to lie behind the court’s interpretation (section 2). The law applying to the contract is, however, only of limited relevance for the protection of posted workers. This is due inter alia to the mandatory application of certain rules of the country to which the workers are posted, even if a different law governs their contract. This application of host state law is based on Article 9 Rome I Regulation in conjunction with the Posted Workers Directive. Section 3 describes the content of these rules and the – to some extent still undecided – interaction between the Rome I Regulation and the PWD. The conclusion will be that there is an uneasy match between the interests informing private international law and the interests of the internal market, which is not likely to be resolved in the near future.


Prof.dr. Aukje A.H. Ms van Hoek
Aukje van Hoek is Professor at the University of Amsterdam.
Artikel

Regulatory governance by contract: the rise of regulatory standards in commercial contracts

Tijdschrift Recht der Werkelijkheid, Aflevering 3 2014
Trefwoorden contracts, transnational regulation, codes of conduct, private standards, supply chain
Auteurs Paul Verbruggen
SamenvattingAuteursinformatie

    In this paper a literature review is used to explore the role that commercial contracts concluded between private actors play as instruments of regulatory governance. While such contracts are traditionally seen as a means to facilitate exchange between market participants, it is argued in the literature that commercial contracts are becoming increasingly important vehicles for the implementation and enforcement of safety, social and sustainability standards in transnational supply chains. The paper maps the pervasiveness of this development, its drivers, and the governance challenges that arise from it. While doing so, the paper more generally explores the relationship between regulation and contract law.


Paul Verbruggen
Paul Verbruggen is Assistant Professor of Private Law at the Business and Law Research Centre of Radboud University, Nijmegen, the Netherlands. He conducted his PhD research at the European University Institute, Florence, Italy, which resulted in the monograph Enforcing Transnational Private Regulation: A Comparative Analysis of Advertising and Food Safety (Edward Elgar, 2014). Paul writes on the design and operation of regulatory frameworks (both public and private), focusing on questions of legitimacy, accountability and enforcement. His research interests concern European private law, regulatory policy, risk regulation and certification.
Artikel

The Use of Mediation in Tax Disputes – UK Position

Tijdschrift Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, Aflevering 3 2014
Trefwoorden mediation, Tax disputes, HMRC, international arena
Auteurs Peter Nias en Nigel Popplewell
SamenvattingAuteursinformatie

    The article looks at the background to the use of mediation as a tool for resolving tax disputes between the UK tax authorities (HMRC) and UK taxpayers. It explains HMRC's litigation and settlement strategy which comprises the broad structure within which HMRC must operate to resolve such disputes. It then looks at specific guidance published by HMRC dealing with ADR and mediation in particular. The operational elements of this guidance, and the authors practical experience of them are then described, as are their views, with the limitations of the process. Finally the authors look at the application of ADR in the international arena.


Peter Nias
Peter Nias is a barrister and CEDR accredited mediator. He is a member of Pump Court Tax Chambers in their ADR Unit, a member of CEDR’s Tax Panel of mediators and has collaborated with CEDR to create the Tax Disputes Resolution Hub. Until 2012 he was a partner and solicitor in the law firm of McDermott Will & Emery UK LLP, where he was head of the Tax Practice and its Tax Dispute Resolution Group. Since qualifying in 2010 as an CEDR Accredited Mediator, Peter has been focussing his time advising clients on mediation and premediation strategies for resolving tax disputes. He has been working with HMRC’s Dispute Resolution Unit in developing a collaborative dispute resolution (CDR) Programme for complementing their Litigation and Settlement Strategy.

Nigel Popplewell
Nigel Popplewell is a partner in law firm, Burges Salmon LLP. He is a Fellow of the Chartered Institute of Taxation, a CEDR Accredited Mediator, and deals with all aspects of UK tax, and disputes with UK tax authorities.
Artikel

Mediation van belastinggeschillen in Nederland

Tijdschrift Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, Aflevering 3 2014
Trefwoorden mediation, tax disputes, internal mediators, tax cases
Auteurs Roelof Vos
SamenvattingAuteursinformatie

    In this publication Roelof Vos gives a summary of the current mediation practice in tax disputes between tax payers and the tax authorities in the Netherlands. As of 2005 the mediation practice in tax matters has grown slowly and is there as alternative for litigation in court. Vos explains the position of so-called internal mediators of the tax authorities, confidentiality in case of criminal offenses and he gives a few practical examples of mediation in tax cases.


Roelof Vos
Roelof Vos (1965) is MfN registermediator en advocaat bij Hertoghs Advocaten-belastingkundigen in Breda/Rotterdam. Vos heeft fiscaal recht gestudeerd aan de Rijksuniversiteit Groningen en na de ADR mediationopleiding te hebben gevolgd in Amsterdam is hij sinds 2008 registermediator. Vos is mediator – al dan niet via verwijzing door de rechterlijke macht – in zowel fiscale zaken als overige (financiële) zakelijke geschillen. Ook is Vos medeoprichter en bestuurslid van de Vereniging voor Fiscale Mediation.

    In his article, Jurgen Kuiper describes what rules will be included in the law governing mediation in disputes between the tax authorities and a taxpayer (and his or her tax adviser/lawyer) in the Netherlands, based on the draft law proposal initiated by Ard van der Steur, a member of the Dutch Parliament. Jurgen Kuiper describes when and how mediation is achieved, what else is regulated in relation to mediation, and who the mediator will be. He also describes what is new in the draft law proposal in comparison with the content of the mediation agreement which currently in practice is concluded between the tax authorities, the taxpayer (and his or her (tax) adviser/lawyer) and the mediator at the beginning of the mediation. Although the draft law proposal contains some new items, he expects that, in practice, the draft law will hardly make any difference when it comes to mediation in tax disputes. He also expects that regulation of mediation in tax disputes in the law might contribute to mediation in tax matters being taken more seriously.


Jurgen Kuiper
Jurgen Kuiper is als praktijkgroepmanager werkzaam in de algemene fiscale praktijk bij Loyens & Loeff N.V. Daarnaast is hij MfN-registermediator in mediations in conflicten tussen een belastingplichtige en de Belastingdienst en in zakelijke conflicten. Hij is voorzitter van de Vereniging voor Fiscale Mediation (VFM) en een van de auteurs van het boek Mediation in belastingzaken, Anders en effectief (Den Haag: Sdu Uitgevers 2013).
Artikel

Consumer Dispute Resolution (CDR) in Europe

Tijdschrift Nederlands-Vlaams tijdschrift voor mediation en conflictmanagement, Aflevering 2 2014
Trefwoorden Consumer Dispute Resolution, CDR, national cultures, CDR-models
Auteurs Naomi Creutzfeldt en Christopher Hodges
SamenvattingAuteursinformatie

    This paper is a combination of the ‘Oxford study 2012’ (C. Hodges, I. Benöhr & N. Creutzfeldt-Banda, Consumer ADR in Europe, Oxford: Hart Publishing 2012) and subsequent publications about consumer dispute resolution in Europe. Recent EU legislation aims to establish a EU-wide framework for consumer alternative dispute resolution (CADR or CDR) schemes and a platform for online dispute resolution (ODR). This forces member states to revisit their existing CDR models and in some cases, to modernize their structures. Many member states face challenges of reform of existing systems by the directives implementation date of 2015. This paper will provide an overview of CDR, the development of current legislation and discuss some national examples. The paper concludes with comments about implementation of the directive and potential future direction.


Naomi Creutzfeldt
Naomi Creutzfeldt is ESRC Research Fellow at the Center for Socio-Legal Studies, University of Oxford.

Christopher Hodges
Christopher Hodges is Head of the CMS/Swiss Re Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford; Erasmus Professor of the Fundamentals of Private Law, Erasmus University, Rotterdam; Honorary Professor of the China University of Political Science and Law, Beijing; Guest Professor of Wuhan University, Wuhan; Life Member of Wolfson College, Oxford; Solicitor of the Senior Courts of England & Wales. Research funding is received from the international law firm CMS, the European Justice Forum and Swiss Reinsurance Company Limited.
Artikel

From graffiti to pixação

Urban protest in Brazil

Tijdschrift Tijdschrift over Cultuur & Criminaliteit, Aflevering 2 2014
Trefwoorden Brazilian graffiti, pichação, pixação, criminalization, resistance
Auteurs Paula Gil Larruscahim
SamenvattingAuteursinformatie

    This paper explores the hypothesis that the process of rupture in Brazilian graffiti writer’s subculture resulting in different groups - pichadores, pixadores and grafiteiros - took place in two different, though complementary, stages. The first stage is the commodification of graffiti by successive media campaigns and its penal control by the state. The second stage - which may be considered as a side effect of the first one - consists of the emergence of a new transgressive pixação movement. Instead of merely writing or tagging their signatures and messages on the walls of the city, they claim the freedom of usage of the urban space and contest the importance that property has in the late modernity context.


Paula Gil Larruscahim
Paula Gil Larruscahim is promovenda binnen het Erasmus Mundus Doctoral Programme on Cultural and Global Criminology aan de Universiteit Utrecht en de University of Kent: www.dcgc.eu.

    Nicola Giudice wrote an article about the Italian model about mediation, especially about mandatory mediation. The Italian model is an interesting lab for European countries. The article focuses on the role of Italian Government in the evolution of the mediation system.


Nicola Giudice
Nicola Giudice (Milan Chamber of Arbitration-Mediation Service, Head Officer) is also author of books, trainer and a passionate promoter of the culture of alternative dispute resolution in Italy.

    Giuseppe De Palo and Romina Canessa give a description of the recent publication of a study conducted for the European Parliament on Mediation, ‘Rebooting the Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU’, has contributed to the ongoing debate about effective mediation policy. The Study concluded that despite an increase in mediation awareness and the proven benefits it can have, mediation still remains largely unused as a method of dispute resolution.


Giuseppe De Palo
Giuseppe De Palo is a mediator and President of ADR Center in Rome. He is also Professor of ADR Law & Practice at Hamline University School of Law in St. Paul, Minn. He has written extensively about ADR and, in January 2014, presented to the Legal Affairs Committee of the European Parliament the research study ‘Rebooting the Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU’, of which he was the coordinator.

Romina Canessa
Romina Canessa is a co-author of ‘Rebooting the Mediation Directive: Assessing the Limited Impact of its Implementation and Proposing Measures to Increase the Number of Mediations in the EU’. She holds a Juris Doctor Degree in Law from Benjamin N. Cardozo School of Law and Bachelor of Science Degree in International Politics from the Walsh School of Foreign Service at Georgetown University.
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