/library/oar/handle/123456789/52677 2025-11-09T06:16:39Z /library/oar/handle/123456789/53636 Title: The European Union’s role in safeguarding equality between the sexes over the years : a case study on gender equality law with a focus on women’s access into the employment sector Abstract: Gender equality has become a priority on the European Union’s agenda through subsequent Treaty amendments, nevertheless, by the turn of the century, it was considered to be ‘exceptional’ by observers when compared to other social regulations. Given the emphasis of the European Commission to protect against discrimination on the grounds of gender, especially when compared with other areas of non-discrimination law, this area deserves further study. The aim of this dissertation is to understand the role of the European Union throughout the years in this area, both in terms of the adopted legislative framework as well as the Court’s interpretation of their provisions. The focus is particularly on the protection of equality between the sexes, with a focus on women and their access to the labour market. To understand this, two principles are looked into – the principle of equal pay for work of equal value and the principle of family-friendly measures related to employment. Three directives are analysed in total – the Directive on Equal Pay, the Parental Leave Directive and the Pregnant Workers Directive. Their provisions are analysed in terms of their content as well as the Court of Justice’s interpretation of such provisions. In addition, things are put in perspective by analysing the approach taken by the European Court of Human Rights. From this dissertation, it could be concluded that the European Union adopts a protectionist approach to women workers, which in itself hinders women’s access to the labour market and thus limit progress to achieve gender equality. In addition, despite a lot has been achieved to improve equal pay systems and work-life balance measures, the European Union lacks the necessary impetus to move forward and achieve anything more than soft law. Description: M.A.EUR.LEGAL STUDIES 2019-01-01T00:00:00Z /library/oar/handle/123456789/53574 Title: Maltese implementation and enforcement of EU directive 2009/52 Abstract: The illegal employment of third-country nationals is a prevalent issue throughout the European Union; having affected migration, employment as well as the economy. This study examines EU secondary legislation which was adopted specifically to address the problems caused by undeclared work. Directive 2009/52/EC (also termed “the Employers Sanctions Directive”) establishes a guideline for Member States to follow in order to deter employers from illegally recruiting TCNs. At the same time, the legislation aims to protect TCNs and ensure that they are returned to their home countries having received remuneration for the work performed. Whilst looking at illegal employment through the EU-wide perspective, the study also focuses on the national context in order to discuss how Malta has transposed the Directive into national law. The process of transposition consists of both implementation and enforcement measures. The former refers to analysis of national legislation in relation to the original provisions of the Directive, so as to compare and contrast. On the other hand, the latter goes into the initiatives and policies established by various entities such as governments, local authorities, NGOs, EU institutions as well as organisations. Other areas of discussion are the types of sanctions imposed, thereby highlighting the differences within the justice systems of various Member States. Moreover, the study also specifies the types of cases which are considered aggravations and thus warrant a higher degree of sanctioning. Also of relevance is migrants’ rights. The Directive has been criticised for lacking in direction, as well as not safeguarding the best interests of TCNs. The study looks further into the issues surrounding the Directive and as a result proposes for more specialisation and initiatives designed to respect the fundamental rights of migrants. Description: M.A.EUR.LEGAL STUDIES 2019-01-01T00:00:00Z /library/oar/handle/123456789/53573 Title: The principle of free movement in the European Union : the phenomenon of social dumping and the posting of workers Abstract: The posting of workers is a crucial resource for the effective functioning of the Internal Market. This concept has evolved into an extremely debated and highly contentious matter throughout the Union. Whilst posting has numerous beneficial implications on the European economy as a result of efficiency and productivity gains, such positive outcomes may be suppressed by social dumping practices. Social dumping has been defined as the practice, undertaken by selfinterested market actors, of undermining or evading existing social regulations with the aim of gaining a competitive advantage. This dissertation provides a thorough analysis of the legislative framework encompassing the posting of workers. It seeks to answer how and to what extent the European Union is taking collective action to limit social dumping practices in this sphere. Concurrently, delving into the Posting of Workers Directive as the legal foundation on bona fide cross-border work so as to elicit the enduring challenges of implementation and enforcement derived from legal complexities therein. By employing a comparative analysis between the Revised posting of workers Directive and the original posting of workers Directive, this study will extract commonalities; amendments and; enhancements made to the legislative framework. As well as deliberating whether the revision stipulates added protective safeguards for posted workers. Social dumping has essentially transpired as a central matter in most policy debates however whilst the present scale of this phenomena is still unclear, it should be recognized for what it is: an extensive challenge to protecting the foundations of social standards in the labour market. Description: M.A.EUR.LEGAL STUDIES 2019-01-01T00:00:00Z /library/oar/handle/123456789/53572 Title: The European working time directive conundrum : a sound regulatory framework or a legal quagmire? Abstract: Over the last century, stakeholders such as the International Labour Organisation, various Governments and EU Institutions have all been instrumental in improving workers’ safety. In 2004, 25 Member States (MS) were obliged to transpose Directive 2003/88/EC (EWTD) ‘concerning certain aspects on the organisation of working time’ into their respective national legislation. This research examines how the Republic of Ireland and the Republic of Malta have implemented the EWTD into their respective statutory instruments. Evaluations of each MS’s implementation of the EWTD and Case Law have been utilised to establish if there is any merit to Nowak’s discourse that the EWTD is a legal quagmire. The key issues identified in this research pertain to whether the ‘Weekly Working Time’ should be calculated on a ‘per worker’ or ‘per contract’ basis together with the impact of ‘Derogations’ and ‘Opt-Outs.’. Results show the tensions between National approaches to ‘Working Time’ legislation and how the respective Courts apply EU Law to foster a higher degree of legal certainty. The final Chapter addresses the EWTD’s limitations and makes further recommendations to the current status quo regarding the ‘Opt-Out’ provision and concludes that the EU Institutions should endeavour to wade their way out of this quagmire, in order to ensure that workers’ safety remains paramount. Therefore, there is merit to Nowak’s argument that the Commission’s attempts to address the current lacunae have resulted in a deadlock amongst EU Institutions. Description: M.A.EUR.LEGAL STUDIES 2019-01-01T00:00:00Z