Comparaison role concerns International Law European Law in the field of Employment.
Employment law is a contract between an employer and an employee; it is issues regarding employment, workplace discrimination and other private law issues.
With the evolution of the International and the European law, Employment law has evolved in parallel and must deal with new concerns.
In fact, in International and European law, there is a social dimension in accordance with the protection of workers' interests thanks to the recognition of Fundamental Principles of the Human Rights which never ceases evolving. It is the basis of Democracy.
International law comes from mainly the International LaborOrganization which has a normative function. It is the result of a French industrial's idea to create an international law, to establish a common agreement between states to eliminate aggressive competition. Then, there were many important conferences like the one of Zurich and of Leeds, which took place later.
The European Employment law comes directlyfrom the European Union established by the Maastricht Treaty in 1992 which is a carrier of law-expansion. At the beginning, it was created by the Treaty of Rome to establish a Common Market in Europe. Today, the economic aspect is not the single objective because there is the important development of a Social Policy. In International law, it talks about the ‘social justice'; it is what we will see in this essay. The Social law shows the degree of protection of a worker in his relationship with his employer. A national conception is not really possible with internationalization.
Coming from a different origin each and having different application areas, it is interesting to contrast and compare these two important laws.
[...] Moreover, the Court adds that every dispositions of domestic law conflicting with the Community law will be inapplicable. In principle, European norms must be clear, precise, unconditional and self- executing concerning the community obligation to be directly applied by Members states, and normally, judges do not have any breathing appreciation. Indeed, treaties[18], regulations (general scope, can be invoked in vertical or horizontal disputes), Directives[19], decisions (horizontal or vertical effect for individuals and only vertical for Member states) and international agreements confer rights or obligations to individuals which must be protected by national judges. [...]
[...] Every state which refuses can go before the International Court of Justice, and this one will render a decision. ECJ, UNECTEF v. Heylens ECR 4097 [26]Member states enjoy an institutional autonomy and procedural, framed by the community obligations' execution. The community judge made clear that the reference to national procedural rules is subordinate to the lack of community harmonisation. Moreover, the Court applies the principle of equivalence which consists in sanctioning Community law's violations by a state with the more harsh sanctions than the national ones. [...]
[...] It is the case when a government does not respect its obligations imposed by the ILO's Constitution or when it does not enforce in full measure a ratified convention and Member states have make written declarations or to go before the Commission of the Conference. Moreover, to protect the union liberty and rights, there are the Commission for the investigation and conciliation and Committee of the union liberty. They examine bills concerning a breach of union rights registered by a government or an employers or workers' organisation. In principle, the procedure can be conducted only if the Commission was required with the agreement of the concerned government. We can observe the quasi-judicial nature of this procedure and of the independence of these commissions. [...]
[...] Controls of employment norms In International law, a control with acceptance by concerned States was created but year by year it becomes less restrictive[21] but it is effective. The main important point is the conformity of the legislation with the dispositions' convention. The report of the specialists' Commission is presented to the Conference and it is examined and argued[22]. The objective of the Conference is to have results and not to give reprimands. It consists only on examination, reports and declarations. [...]
[...] Then, before the transposition's deadline's expiry, clear and unconditional dispositions of the Directive cannot be invoked against transposition's acts. After the transposition's deadline's expiry, the directive can be unsung by or by “omission”. The state's inaction is a fault when the due date is expired. The European Single Act (1986) permitted to adopt Directives with majority in Health and Safety matters. For the Court, all community norms must prevail over all the national norms. The doctrine of supremacy applies to treaty's dispositions (Costa case), regulations, directives, decisions and international agreements. [...]
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