ROBIN OLIVIER Sophie

(Soc., 31 mars 2021, n° 16-16.713, Vueling airlines c/ M. A X…, arrêt n° 428, FP-P+R+I).

[Proposal for a Directive of the European Parliament and of the Council on adequate minimum wages in the European Union, 28 Oct.

The structure of UN multilateralism had made it problematic from the start. But its gradual splintering into a bipolar Janus, coupled with the evolution of the general economic creed, itself contemporaneous with political and economic globalization, has been increasingly visible as a threat to the pursuit of the social agenda in its domestic and international incarnations. There is general agreement that the range of responses includes the acceleration of efforts that have remained rhetorical for too long, in order to establish the conditions for effective coherence of the solutions promoted by the institutional components of the so-called UN "system". Human rights, international labor law, social protection and governance are all fields where options born of authentic integrative approaches are seeking to emerge.

(Soc. Nov. 4, 2020, judgment no. 991 FS-P+B+R+I, nos. 18-24.451 s., Bouygues TP c/ M. A X et al.)

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About CJEU 3 June 2021, Case C-784/19, Team Power Europe.

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[Dir. 2008/94/EC of the European Parliament and of the Council of 22 Oct. 2008 on the protection of employees in the event of the insolvency of their employer, OJEU No. L 283 of 28 Oct. 2008, p. 36 . CJEU 19 Dec. 2019, Case C-168/18, Pensions-Sicherungs-Verein . Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses, OJEU No. L 82 of 22 March 2001, p. 16 . CJEU 16 May 2019, Case C-509/17, Plessers, D. 2020. 588, note R. Dammann and A. Alle .

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par Florian Thomas, PUAM, 2019, 593 pages.

[Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment and occupation, OJ L 303 of 2 December 2000, p. 16. Dir. 2006/54/EC of the European Parliament and of the Council of 5 July 2006 on the implementation of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, OJEU No. L 204 of 26 July 2006, p. 23 . CJEU 24 June 2019, aff. C-619/18, Commission v. Poland, AJDA 2019. 1641, chron. H. Cassagnabère, P. Bonneville, C. Gänser and S. Markarian. D. 2019. 1337 . CJEU 5 Nov. 2019, aff. C-192/18, Commission v. Poland, D. 2019. 2136, and obs. . CJEU 19 Nov. 2019, aff.

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[Council Dir. 2000/78/EC of 27 Nov. 2000 establishing a general framework for equal treatment in employment and occupation, OJEU No. L 303 of 2 Dec. 2000 p. 16 . CJEU 8 May 2019, Case C-24/17, Österreichischer Gewerkschaftsbund . CJEU 8 May 2019, Case C-396/17, Leitner . CJEU 10 Oct. 2019, Case C-703/17, Krah, D. 2019. 1937].

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Jeremias Prassl, Collective voice in the platform economy: challenges, opportunities, solutions, Report for ETUC, September 2018.

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Labor law intervenes to govern the relationship between employers and employees within the micro-society that is the company. Logically, the workforce should reflect French diversity. However, in terms of recruitment, promotion and remuneration, we are not all treated equally, despite the universalist principle of equality promoted by the Declaration of 1789. Some "minorities" (of which women are, strangely enough, part), find themselves excluded from employment or promotion, or are paid less than their colleagues. The situation of these discriminated groups does not seem to find a permanent solution through equal rights or the principle of non-discrimination alone. In some cases, treating people in different situations in the same way can lead to de facto inequalities. A more dynamic approach to equality therefore seems necessary in order to promote diversity within companies. Identifying and measuring the different "minorities" will be a prerequisite to defining diversity more precisely. The whole point of approaching diversity in its entirety is to be able to question catch-up policies as a whole and not only through the prism of gender or origin. Which minorities or discriminated groups can and should benefit from specific measures and on what grounds? Not all differences require different treatment. The principle of equality must not be diluted by specific measures or divided by special treatment.

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[European Socle of Social Rights, Commission Recomm., C(2017) 2600 final, Apr. 26, 2017 . Proposal for a Directive of the European Parliament and of the Council on transparent and predictable working conditions in the European Union, COM(2017) 0797 final . Proposal for a Directive of the European Parliament and of the Council on work-life balance for parents and carers, COM(2017) 253 final, 26 Apr 2017 . Proposal for a Council Recommendation on access to social protection for employed and self-employed workers, 13 Mar 2018, COM(2018) 132 final . Proposal for a Regulation establishing a European Labour Authority, COM(2018) 131 final, 13 Mar. 2018 .]

(CJEU 9 Jul 2015, Case C-229/14, Balkaya. CJEU 11 Nov. 2015, aff. C-422/14, Pujante Rivera, RDT 2016. 37, obs. A. Fabre).

(CJEU 25 Feb 2016, Case C-292/14, Stroumpoulis).

Regarding the G4S Secure Solutions and Bougnaoui judgments (CJEU 14 March 2017, aff. C-157/15 and C-188/15, RDT 2016. 569, obs. N. Moizard).

(CJEU 21 May 2015, Case C-65/14, Rosselle).

Migration flows in the world today concern a population of nearly two hundred and thirty-two million individuals, according to the most recent statistics. The impact of this phenomenon on the countries of Europe is considerable and covers a wide range of areas. The aim is to analyze whether the legal tools available to European states are adapted to the multi-faceted challenges of managing migratory flows. Our study focuses on some of the legal aspects relating to the status of migrant populations in the countries in which they find themselves. We are particularly interested in the case of immigrant populations, of the same geographical, ethnic, linguistic and cultural origin, who, having established themselves in a given country, constitute a minority there as a result of an inability to integrate for multiple reasons (linguistic, cultural and religious difficulties, various forms of discrimination, community withdrawal, hostility on the part of the host country, etc.). The question to which we are attempting to provide a legal response is that of the mutation from the status of "immigrant" to that of "minority". The precise definitions of these notions, their fields of application, and the way in which international law and national and European jurisdictions understand them constitute the first stage of our work. The legal implications of this change in status, which has numerous implications for the rights that arise from it, are examined.

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(CJEU 9 Jul 2015, aff.

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The notion of reasonable accommodation refers to any attempt, in a society, to accommodate or adjust to the needs of an individual arising from his or her membership in a minority, while respecting the equal treatment of all human beings and fundamental freedoms. Focusing on accommodations for workers with disabilities, this study examines the emergence of this category in law, as well as the uses made of it by social actors in the field of work. This report examines the legislation in force, the case law and the doctrine. It shows the conditions of importation of this legal category in France and in Belgium and its articulation with other legislations that frame labor relations (obligation of reclassification, well-being at work, etc.). It then presents the results of an unpublished survey of professionals - trade unionists, lawyers and agents of public anti-discrimination organizations -, employers and workers with disabilities, and highlights the way this legal category is mobilized, circumvented or avoided. The union and professional mobilizations, as well as the experiences of disability at work, are part of different configurations of professional relations and administrative and legal categorizations of disability in France and Belgium. More generally, this research shows the effects produced by the introduction of this legal obligation. The actors in the world of work make little reference to legislation on reasonable accommodation, the binding power of these norms being counterbalanced by other imperatives and logics: managerial discourse, labour law, etc. Nevertheless, this does not mean that the right to reasonable accommodation is ineffective, nor that it has no effect. Discourses change, employers and workers seize upon existing legal frameworks, integrate them into their discourse and sometimes into their practices, give them meaning, and thus contribute to reshaping the contours of legal norms.

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[Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Launch of a consultation on a European Social Rights Floor, COM(2016) 127 final, 8 March 2016].

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National audienceThis text is a response written by several jurists in reaction to an editorial published in the Semaine Juridique and dealing with sexual harassment. It analyzes and denounces the comments made in this editorial as being the bearers of gender stereotypes and a trivialization of sexual violence.

This paper is part of the joint project between the Directorate General for Migration and Home Affairs of the European Commission and the OECD’s Directorate for Employment, Labour and Social Affairs on “Review of Labour Migration Policy in Europe”. This document has been produced with the financial assistance of the European Union. The views expressed herein can in no way be taken to reflect the official opinion of the European Union. Grant: HOME/2013/EIFX/CA/002 / 30-CE-0615920/00-38 (DI130895) A previous version of this paper was presented and discussed at the OECD Working Party on Migration in June 2015.The paper investigates the notion of the “community preference” which in filling job posts gives a priority to EU-nationals over third-country nationals. Analysing the impact of the principle on the European labour migration policy, the report presents a brief history of the notion, and discusses how it is referred to in EU labour migration policy documents. It also examines the challenges that the principle is facing as the EU immigration policy develops, tending to give increasing rights to third-country nationals.

While the question of interpretation raises many questions, both institutional and substantive, within the International Labour Organization (ILO) itself, the renewed interest in the work of the latter, reflected in particular by a certain number of national court decisions, leads to a situation where the question of the interpretation of its instruments is renewed, made more complex and fragmented by the plurality of actors involved. The objective of this thesis is to examine whether this phenomenon makes it possible to make effective the texts adopted in order to give substance to social justice. In other words, it is a question of asking whether this configuration guarantees the dissemination and preservation of the substance of international labor standards and makes them capable of responding to changing problems. In order to do so, it is necessary to proceed with a successive analysis of the different levels at which they are likely to be used, by looking successively at the international framework and then at the French, Canadian and South African cases. This process makes it possible to highlight the procedural and substantive subtleties specific to each of the frameworks for the implementation of international labour standards and to reveal the interactions that may result in the formation of a system.

There is not one, but many ways of founding, living and undoing the family bond. Built around a child or a couple, married or not, heterosexual or homosexual, the family, hierarchical or egalitarian, sometimes polygamous, single-parent, nuclear or extended, united or disunited, separated, regrouped, recomposed... is declined in the plural. This family pluralism, which stems from the ideological, political, religious, cultural, and sometimes even economic conceptions of each person, is more than ever alive. It finds the causes of its development in the play of individual wills, the vicissitudes of family life and is amplified today in a context of increased circulation of people and information. It provides a very rich theme for reflection: what are the expressions of family pluralism and the difficulties it generates? What is the attitude of the law towards this phenomenon? Does it ignore it? Does it take it into consideration and in what way? How does it attempt to resolve the conflicts that family pluralism may give rise to at the domestic level as well as in transnational situations? The variety of laws considered (French, Belgian, Greek, British, Serbian, Italian, Indian and Malian) and of the questions considered reflect a conception of legal research that strives to promote a dialogue of cultures and to decompartmentalize approaches.

(CJEU, 30 April 2015, Case C-80/14, USDAW and Wilson . CJEU 13 May 2015, Case C-392/13, Rabal Canas . CJEU 13 May 2015, aff.

The back cover states: "To satisfy a pressing demand for flexibility, the "standard" full-time, open-ended employment contract has given way to a multiplicity of "atypical" contracts. The resulting fragmentation of situations and ever-increasing complexity, often described as a problem of "labor market segmentation," is a source of inequality and leads to the disappearance of the protections attached to standard contracts. This malaise is not a French exception. The flexibility of labor relations has become part of the labor contracts of many legal systems: subsidized contracts, apprenticeship contracts, internship contracts, casual contracts, and, among the most atypical, "zero hours" contracts, "mini-jobs" and, among the most recent inventions, the employee-shareholder contract. By proposing an international comparison of the law of flexible employment contracts, this book reveals their impact on the individual and collective rights of workers and shows how, throughout the world, different legal systems are striving, with varying degrees of vigor, to reconcile flexibility and employee rights."

Collective action by workers - usually referred to in France as a strike - is subject to diverse legal treatment at both national and supranational levels. Following the Viking and Laval rulings of the Court of Justice of the European Union in 2007, national and supranational regimes of collective action are bound to evolve as a result of their encounter with economic freedoms, foremost among which are the freedom of establishment and the freedom to provide services. The study of these developments requires the combination of two perspectives. From a historical and descriptive perspective, the aim is to examine these regimes in order to understand their construction. To this end, the tool chosen is that of legal comparison, a comparison that is carried out at two levels: national (French law and English law) and supranational (ILO law and Council of Europe law). It is from a more dynamic perspective that the study then focuses on the interactions of these regimes with economic freedoms.

(CJUE, 17 mars 2015, aff. C-533/13, AKT).

(CJEU, 26 November 2014, aff. C-22/13, Mascolo, Dr. soc. 2015. 206, chron. S. Tournaux . CJEU, 26 February 2015, aff. C-238/14, Commission v/ Luxembourg . CJEU, 3 July 2014, aff. C-362/13, Fiamingo . CJEU, 5 February 2015, aff. C-117/14, Nisttahuz Poclava).

(CJEU, 4 Dec. 2014, No. C-413/13, FNV, AJCA 2015. 80, obs. I. Luc).

Publisher's summary: "To satisfy a pressing demand for flexibility, the "standard" full-time, open-ended employment contract has given way to a multiplicity of "atypical" contracts. The resulting fragmentation of situations and ever-increasing complexity, often described as a problem of "labor market segmentation," is a source of inequality and leads to the disappearance of the protections attached to standard contracts.This malaise is not a French exception. This malaise is not a French exception. The flexibility of labor relations has become part of the labor contracts of many legal systems: subsidized contracts, apprenticeship contracts, internship contracts, casual contracts, and, among the most atypical, "zero hours" contracts, "mini-jobs" and, among the most recent inventions, the employee-shareholder contract.By proposing an international comparison of the law of flexible employment contracts, this book reveals their impact on the individual and collective rights of workers and shows how, throughout the world, different legal systems are striving, with varying degrees of vigor, to reconcile flexibility and employee rights."

(CJUE 6 mars 2014, aff. C-458/12, Amatori .

(CJEU 12 December 2013, Case C-361/12, Carratu.

(Council Recommendation of 22 April 2013 on the establishment of a Youth Guarantee . Framework of actions on youth employment of 12 June 2013 . Council Recommendation of 10 March 2014 on a quality framework for internships).

Urgent necessity, the emergency calls for a quick response. The law, a social rule, cannot ignore it. However, urgency is disturbing. Imposing an immediate reaction, it requires flexibility from the legal system. It justifies exceptions to the ordinary law. Violation of the rule of law organized by the Law itself, is there not an internal contradiction of the legal system harming its coherence? Undefined, the notion of urgency appears as an intra legem gap. Left in the hands of the interpreter, the rule appears imprecise and unpredictable. Is legal certainty not called into question? If urgency seems prima facie subversive, it actually invites the observer to modify his posture. It leads him to leave the comfort of a formal logic to adopt a realistic rationality, less respectful of the letter of the texts but more in conformity with their spirit. Far from being a disruptive element, urgency participates in the realization of the Law.

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(CJEU 15 January 2014, Case C-176/12, Association for Social Mediation. CJEU 13 February 2014, Case C-596/12, Commission v. Italy).

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(CJEU 20 June 2013, Case C-7/12, Rieznice . CJEU 19 September 2013, case C-5/12, Betriu Montull . CJEU 13 February 2014, Case C-512/11, TSN and YTN . CJEU 27 February 2014, Case C-588/12, Lyreco Belgium .

(Proposals for Council Decisions authorizing Member States to ratify, in the interests of the European Union, the International Labour Organization Conventions on Safety in the Use of Chemicals at Work (Convention No. 170) and on Decent Work for Domestic Workers (Convention No. 189), COM(2012) 677 of 20 November 2012 and COM (2013) 152 of 21 March 2013).

(CJEU, 6 September 2012, No. C-147/11, Czop and Punakova . 8 May 2013, No. C-529/11, Alarape and Tijani).

(CJEU, 28 June 2012, No. C-172/11, Erny, RMCUE 2013. 313, chron. Ekaterini Sabatakakis).

(CJUE, 25 octobre 2012, n° C-367/11, Prete, D. 2013. 324, obs. O. Boskovic, S. Corneloup, F. Jault-Seseke, N. Joubert et K. Parrot .

(CJEU, 14 June 2012, No. C-542/09, Commission v. Netherlands, AJDA 2012. 1575, chron. M. Aubert, E. Broussy and F. Donnat. D. 2013. 324, obs. O. Boskovic, S.

For the last few decades, the activity of transnational corporations has contributed to an increase in the infringement of workers' rights in territories with weak social protection. The workers' representatives of these companies have had to adapt their strategies to this internationalization by developing intra-group solidarity. The present study proposes to pursue this evolution of union action in the judicial field in the broad sense of the term, in order to achieve a more coercive framework for the activity of transnational groups. The workers of the subsidiary established in the host country must thus find in the trade union organizations representing the workers of the parent company a relay enabling them to have access to a jurisdictional control of the violation of their rights. In a positivist as well as a prospective approach, the different mechanisms open to trade union organizations have thus been confronted with the practice of transnational litigation. These avenues of action have made it possible to consider both the responsibility of the transnational corporation, the direct author of the violations of workers' rights, and that of the States, under their obligation to protect human rights. At the end of the analysis, the procedures of the ILO and the European Social Charter, specialized in the protection of workers' rights, are not very open to the type of litigation envisaged. While the more original OECD framework appears to be more suitable, it shares with the other quasi-judicial mechanisms a lack of coercive character. Trade unions are therefore encouraged to turn to fully jurisdictional mechanisms. The obstacles encountered in the context of individual recourse before the European judge appear difficult to overcome. On the other hand, transnational litigation could be effectively conducted before the national judge at the cost of the proposed changes.

Focusing on professional integration, this thesis follows a research itinerary which, starting from the analysis of social policies in favor of disabled people, turns to the study of the realization of public action rethought by the prism of non-discrimination. Two axes structure this research work. The first axis deals with the evolution of the notion of disability and its impact on the conception of public action in favor of disabled people. The second axis revolves around the implementation of the requirement of non-discrimination towards disabled people.

(CJEU, April 11, 2013, No. C-290/12, Della Rocca, Dr. soc. 2013. 576, chron. S. Tournaux . CJEU, 22 November 2012, Elba Moreno, n° C-385/11 . CJEU, 18 October 2012, Valenza, n° C-302/11 to C-305/11).

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(CJEU, 21 juin 2012, n° C-78/11, Asociación Nacional de Grandes Empresas de Distribución (ANGED) v. Federación de Asociaciones Sindicales (FASGA), D. 2012. 1745, obs. J. Siro . CJEU, 8 novembre 2012, n° C-229/11 et C-230/11, D. 2013. 1026, obs. P. Lokiec et J. Porta).

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On the basis of a study of the economic freedoms enshrined in the Treaty of Rome, the principle of equality can be characterized as an instrumental principle whose meaning and scope have been determined by the objective of establishing the common market in its two dimensions, namely free movement and free competition. However, this conception of the principle has led to its being challenged in favour of an extensive conception of free movement dictated by the concern to complete the single market. The principle of equality, which is contested in its instrumental conception, has nevertheless found another place in the construction of the Community, linked to the transition from an economic community to a more political and social union. This principle, which contributes to the establishment of a Community based on the rule of law and whose implementation prefigures the emergence of a social Community, is no longer merely an instrument of the market, but has become a fundamental right of the citizens of the Union.