Concise Introduction to EU Private International Law

This article examines the rules of jurisdiction in employment matters of Brussels I. It focuses on a paradox in that these rules aim to protect employees jurisdictionally, but in fact fail to accord employees a more favourable treatment when they need it most, namely when they appear as claimants. The article argues that the current rules fail to achieve the objective of employee protection, examines the reasons for this, proposes certain amendments that would improve the existing rules, and thereby engages in the debate surrounding the forthcoming review of Brussels I.

https://papers.ssrn.com/sol3/Delivery.cfm/SSRN_ID2050100_code695796.pdf?abstractid=1915633&mirid=1&type=2

Jurisdiction in Employment Matters Under Brussels I: A Reassessment

VIII Acknowledgments IX Table of Abbreviations X Chapter 1 – Introduction 1-7 General Introduction 1-4 The Scope of the Study 4-5 The Research Methodology 5-6 The Structure of the Thesis 6-7 Chapter 2 – Some Background Matters 8-36 Part 1 – The UAE 8 The general character of the United Arab Emirates 8-11 The Judicial System in the UAE 11-13 The Court of First Instance 11 The Court of Appeal 12 The Court of Cassation 12 The Federal Supreme Court 13 The Civil Transaction Code 13-15 UAE Free Zones 15-17 Free Zone Companies 17-18

/pdf/choice-of-law-in-respect-of-contracts-in-the-united-arab-2gt7bsttv7.pdf

Choice of Law in respect of contracts in the United Arab Emirates and the European Union; and related aspects of Private International Law in relation to the Dubai International Financial Centre

Report on the Convention on jurisdiction and the enforcement of judgments in civil and commercial matters signed at Brussels, 27 September 1968. Official Journal C 59, 5 March 1979. Also published as Bulletin of the European Communities Supplement 12/79

Who is bound by the brussels regulation

Private international law has traditionally been perceived as a field of law concerned with resolving individual private disputes and achieving private justice and fairness in individual cases. This dissertation challenges this view by examining the systemic function of European private international law of employment, one of allocating and 
protecting regulatory (i.e. legislative and adjudicatory) authority of states in the field of labour law, thus maintaining and managing the diversity of European national labour law systems and safeguarding the objectives of uniform and harmonised EU employment legislation. This dissertation also explores the changes that the ‘Europeanization’ of private international law of employment has brought about in the traditional rules and perception in this field of law in England. In addition to introducing special rules of jurisdiction in employment matters that had not existed before, the European private international law instruments have largely merged the traditionally perceived contractual, statutory and tortious claims into one type of claim for choice-of-law purposes, thereby also abolishing concurrent causes of action. The conceptualisation of this field of law in terms of its regulatory function reveals
something about the nature of private international law as a whole. The fact that European private international law of employment performs a regulatory function is a piece of evidence for the proposition that the division between the ‘private’ and the ‘public’, traditionally perceived as embedded in the foundations of the discipline and even expressed in its very name, has faded away.

Uglješa Grušić

Papers

The international employment contract : ideal, reality and regulatory function of European private international law of employment