Category Archives: Young Legal Scholars Section

The Society and the Young Lawyers Section

Article 1, par. 2 of the Statutes of the Society says:

“The activities of the Society include the promotion of the study of labour and social security law amongst young academics and lawyers, and support for international comparative schools, seminars and other meetings in those fields.”

 

Pursuant to this statutory mandate, our purpose is to encourage the participation of young lawyers in ISLSSL activities. We would like to encourage their attendance at conferences, through reduced attendance fees. We would also like to create a section on our website where they can share their research. We encourage the creation of awards for younger scholars (granted by the organizing committees and the ISLSSL), as well as the formation of teams of young lawyers to assist the General Rapporteurs in preparing their reports. There should also be seminars organized for young lawyers as part of their training and agreements negotiated with prestigious universities that offer more extensive programs on labour law and social security (for example, the ISLSSL should facilitate academic exchanges among its members for candidates nominated by national associations that meet the requirements established in each case). In this regard, we invite our members to provide ideas and proposals for achieving these objectives.

In particular, we would like to pursue the idea of the Report of the Working Group, to encourage the creation of a Section of young academics and lawyers in our Society. The creation of such a Section is extremely important though not simple. To make  this  possible,  we  thought  it  appropriate  to  encourage  the  establishment  of regional “branches” that would facilitate the initial organization and that would enable their merger into a single international section. The first branch are being established in Latin America and Europe.

The Latin American branch

We have asked a number of young Latin American researchers to take the initiative of setting up a branch of young scholars/lawyers using their own list of contacts. In each of our Latin American countries young researchers have already expressed interest in participating[1]  with a view to organising at the regional level. Those who would like to join the branch are requested to contact Juan Pablo Mugnolo (jmugnolo@yahoo.com.ar), who is coordinating this initiative.

The members of the Latin American branch have expressed interest in holding their first meeting during the Regional Congress of Labour Law and Social Security to be held from 2 to 4 October 2013 in Guayaquil, Ecuador. On that occasion, they aim to produce research papers and discuss the degree of changes to the “employment relationship” over the last decade, characteristic of most economies of the region. This research will try to identify some trends (expansionary, contractionary) in the field of labour and social rights, and if possible, establish a link between these trends and future economic growth.

The European branch

The European dimension of labour law, as it is known, is characterized by strong integration among national legal cultures, supported significantly by the action of the European Union. Moreover, there are parallels in the development of various national laws despite sometimes significant legal differences.

A comparison of the realities of emerging EU countries is increasingly important and dynamic as is the need to meet the new requirements induced by the demands of competitiveness and sustainability due to the economic crisis that has characterized a number of European economies in recent years. These transforming factors suggest the need for continued reflection on the past, present and future of labour law in Europe.

Scholars of all generations are needed for this phase of reorganization of our scientific discipline to develop initiatives that can best consider cross-cutting issues within Europe, such as the theoretical foundations of labour law, the role and powers of trade unions and collective bargaining, the form and degree of legislative protection afforded to workers, the very notion of “worker” as the mode for qualifying for protections provided by labour law, social security and welfare systems.

There are many instruments at our disposal to assist in these reflections: news of new legislation, publications, conferences and seminars, promoting the call for papers and collections of studies, organizations of congresses or congresses sections.

This initial phase, undertaken by a first group of scholars, will see the creation of an online forum open to all young European labour lawyers with the aim of defining the most effective initiatives for starting a program of common research and deeper reflection.

University students who are engaged in research fields of comparative labour law and who are interested in joining this European branch of young ISLSSL lawyers, at this early stage of discussion (which will continue until the end of next March) may contact Prof. Stefano Bellomo (stefanobellomo@mmba.it), who is gathering a list of initial participants (young scholars from Italy, France, Spain, UK, Poland, Russia, have expressed interest and others have been contacted)[2] and is organising the first phase of this collective reflection on the development of new tools for comparison and discussion.

In Conclusion

All this is being conceived by young lawyers in an independent manner and they, for the moment, are responsible for the regional integration of these “branches.” The Regional levels should eventually merge into an international one that will seek to achieve the full realization of this initiative. Its sustainability will depend on the enthusiasm and dedication of the young lawyers of each Section.

We  invite  our  colleagues  from  other  regions  of  the  world  to  establish branches” for subsequent merger into a single entity.

As expected, the “internationalization” of the academic activity of young lawyers will contribute to the enrichment and improve the quality of our Congresses while encouraging membership in the respective national societies.

Endnotes

[1] Roberto Inglés (Asunción) roberingles@gmail.com;
Daniel Ulloa Millares (Lima) daniel.ulloa137@gmail.com;
Alejandro Castello (Montevideo) acastello@estudiocastello.com;
Mario Garmendia Arigón (Montevideo) gameric@gmail.com;
Sergio Gamonal Contreras (Santiago de Chile) sergio.gamonal@uai.cl;
Jose Luis Ugarte (Santiago de Chile) jose.ugarte@udlp.cl;
Diego Ledesma Iturbide (Buenos Aires) ledesitu@hotmail.com;
Gustavo Filipe Barbosa Garcia (Sao Paulo) gustavofbg@yahoo.com.br;
Gabriel Tosto (Córdoba, Argentina);
Beatriz Calvimonte (Córdoba, Argentina);
Estêvão Mallet (Sao Paulo) estevao@mallet.adv.br;
Eduardo Henrique von Adamovich (Rio de Janeiro) eduardoadamovich@terra.com.br;
Fabio Tulio Barroso (Pernambuco)  fabiobarroso@yahoo.com;
Manoel Carlos Toledo Filhio (Sao Paulo) neco@mpcnet.com.br;
Vitor Salino de Moura Eça (Minas Gerais) vitorsalino@gmail.com;
Lucila Franzosi (Buenos Aires) lucila.franzosi@gmail.com;
Juan Pablo Mugnolo (Buenos Aires) jmugnolo@yahoo.com.ar.
[2] The first group of young lawyers that has confirmed to be part of the European branch is composed of:

Stefano Bellomo, Università di Perugia;
Massimiliano Delfino, Università di Napoli;
Matteo Corti, Università Cattolica di Milano;
William Chiaromonte, Università di Firenze;
Nicola Countouris, University College London;
Josè Maria Miranda Boto, Universidade de Santiago de Compostela;
Jose Antonio Fernandez Avilez, Universidad de Granada;
Anna Musiala, Adam Mickiewicz University of Poznań;
Daria Chernayeva, National Reasearch University – Higher School of Economics, Moscow.

 

Other members will join soon.

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Labour Law & Social Rights in Europe: The Jurisprudence of the International Courts

ISLSSL-young-scholars-USC

Meeting of the
European Young Scholars’ Embryo
Labour Law & Social Rights in Europe:
The Jurisprudence of the International Courts
Santiago de Compostela, Faculty of Law

4-5 June 2015

Promoted by:
Universidade de Santiago de Compostela
and
AEDTSS – Asociación Española de Derecho del Trabajo y de la Seguridad Social
Under the auspices of
ISLSSL – International Society for Labour and Social Security Law

Organization Committee

Stefano Bellomo, ISLSSL, Università degli Studi di Perugia; Jesús Cruz Villalón, AEDTSS, Universidad de Sevilla; Yolanda Maneiro Vázquez and José María Miranda Boto, Universidade de Santiago de Compostela.

The Philosophy

This meeting of the European YS Embryo is the continuation of the session held in Dublin in September 2014. There, all the Young Scholars who attended it confirmed their gladness and satisfaction and their will to being involved in the future activities related to the European embryo and of the future ISLSSL Young Scholars’ Section. The same availability and willingness have been expressed by many scholars who attended and appreciated the contents of the meeting.

Implementing these intentions, the meeting in Santiago de Compostela will have two aims.

First of all, a scientific objective, the exam of the jurisprudence of supra-national courts, a meeting point for all the countries of the European area (Austria, Belgium, Belarus, Bosnia Herzegovina, Bulgaria, Croatia, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Israel, Italy, Lithuania, Luxembourg, Netherlands, Norway, Poland, Portugal, Romania, Russian Federation, Slovenia, Spain, Sweden, Turkey and United Kingdom). Thus, a common field for debate is easily found, as the same decisions from these Courts can have very different impacts on each country. The mechanics of the meeting are based on debate, following the successful model already implemented twice by the Spanish Young Scholars’ Section. Short dual presentation of 10 selected rulings will be followed by open, wide debate, free of the formalities of a Major Congress, and with a good deal of time to talk without restriction.

The second aim is an organizational aim. The World Congress in Cape Town, September 2015, will be the birthplace of the ISLSSL Young Scholars’ Section, joining young scholars from the entire World. The meeting in Santiago will be the occasion for brainstorming and sharing ideas for a possible European Regional subsection and further collaborations in the future.

Attendance Rules

Participation will be possible in this Meeting under two roles: discussant and attendant. The discussants, in couples, will expose the judgments to open the debate. Each National Association affiliated to the International Society of Labour and Social Security Law will propose one or two discussants, up to 20 participants; the nomination will be communicated to both stefanobellomo@mmba.it and josemaria.miranda@usc.es before the 10th March 2015. If this number is not reached, an open call for discussants will be made, and a number of grants will be distributed, according to a merit-based selection process managed by the ISLSSL, to fill the number of 20 discussants, coming from the indicated countries from the European area. In any case, no more than one discussant per country will be selected according to this second procedure. The choice of the rulings will be made though the YS website (http://www.euryoungscholars.unimi.it/) under the supervision of the ISLSSL, during the month of March.

As attendants, each National Association can appoint a wider number of representatives according to its own rules – no grant will be given to them by the ISLSSL. Furthermore, the attendance to the academic session and to the debate is open to each Young Scholar who is interested in studying the issues that will be examined and debated in the Seminar. Attendants are invited to engage in the debate following the exposition by the discussants. Of course, attendants from extra-European countries are welcomed to participate in the meeting.

Anyway, the organizers wish that the Seminar could represent an occasion for the National associations to establish and promote the activity of the respective national Young Scholars’ Sections.

The working language will be English and the dress code is casual.

Registration fees

120 Euros. The fees include academic materials, accommodation for two nights, one lunch, two dinners and social events.

The ISLSSL will give a grant of 50 Euros to each of the discussants, up to two per country, with a top expenditure of 1000 Euros.

Payment

Please, make a bank transfer to:

Banco Santander Central Hispano (BSCH)
SWIFT code: BSCHESMM
IBAN code: ES40 0049 2584 90 2214002210
(Bank Code: 0049, Counter Code: 2584, Account Number: 2214002210, Key: 90)
Bank Account Holder: Universidade de Santiago de Compostela-Congresos.
Address of the bank: Rúa Calderería 56/58, 15703, Santiago de Compostela, Spain.
Address of the bank account holder: Casa da Balconada, 15782, Santiago de Compostela, Spain.

In order to guarantee the university accommodation, the total amount of the registration and accommodation fees has to be paid before April 30, 2015. Please mention YSM-USC and the full name of the participant in the bank order. Payments must be made in Euros. Possible transfer fees are on the participant’s charge.

Contact

José María Miranda Boto
josemaria.miranda@usc.es
Facultad de Derecho, s/n
15782 Santiago de Compostela
España
(34) 881814719

Timetable

Thursday, 4th June

16:00 Welcome speech
16:10 Presentations and debate

Each couple of discussants from two different countries will study one recent ruling of an international Court, as e.g. the ECJ or ECHR (10 chosen beforehand in collaboration with the organization), talk about it for 15 minutes and a general discussion will follow.

19:30 End of sessions
20:00 Social activities and dinner

Friday, 5th June

10:00 Presentations and debate
14:00 End of sessions – Lunch
16:00 Presentations and debate
18:00 Assembly of the European YS Embryo
19:30 End of sessions
20:00 Social activities
21:30 Pulpada (typical Galician dinner with octopus)

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Latest reports from the Young Legal Scholars

Young Scholars Section – European Embryo

When the initiative of the Young Scholars’ Session started, each national representative has been requested to prepare a report to expose the impact of the economic crisis on the recent evolution of the National Labour Law systems in the European Countries (by the different sides of employment contract law, trade union law and collective bargaining and the social security law). On this page you can find the reports which have been sent until now (12), that are the results of the effort of each national group of young scholars of the European embryo, which will be illustrated by the respective national representatives during the Session scheduled in Dublin next 17th of September.

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Young Legal Scholars Society – South Africa

Sarvani Morgan, Labournet; Nic Preston, Cliffe Dekker Hofmeyr; and Neil Searle, Fasken Martineau are members of the SASLAW Young Legal Scholars society.  This team has been active in recruiting student memberships since the beginning of 2014.

Their activities include:

  • The creation of a project and marketing plan
  • Visits to the Universities of Pretoria and Johannesburg to a student career day and to a 4th year class to promote SASLAW membership
  • The creation of a Twitter account – @SASLAW0
  • The planning of a student conference in July 2014 at the University of Pretoria
  • The committee made a proposal to the SASLAW national committee to attend the Dublin Regional Conference in September. SASLAW will assist with accommodation and registration, and the committee members are to find sponsorship for their own flights

The SASLAW national committee has sent out a call to the Durban, Cape Town and Port Elizabeth chapters to appoint a young scholar/attorney to the national YLS committee.

April 2014

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Reports from Guayaquil – Young Legal Scholars Section (Latin American Branch)

In the Spanish version of this website, you will find the reports prepared by the national delegations participating in the Young Legal Scholars Section (Latin American Branch) which were presented at the recent Regional Congress of the Americas held in Guayaquil (Ecuador). All the reports will be published in a joint volume between the Autonomous University of Mexico (UNAM) and the International Society.

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Activities of the Young Legal Scholars Section Update

The Latin American Branch

After the very interesting session that took place during the American Regional Congress, the Latin American Branch of the Young Legal Scholars Section is currently working on the edition of the reports presented on that occasion by the various national delegations. The draft of the book will be submitted to a double-independent opinion, before being published by the Law Research Institute (IIJ) of the National Autonomous University of Mexico – UNAM.

The Branch has also launched a doctrinal development investigation around the theme of the “employment relationship” that will be discussed at the International and Comparative Seminar of Margarita Island. To this end, we have defined four main themes, namely: 1. “The role of private or voluntary initiative in the establishment and modification of working conditions”; 2. “The construction of the concept of the employment relationship”; 3. “The employment relationship and labour law” and 4. “Building up the notion of the employment relationship with the aim to preserve labour law”, whose respective coordination is assigned to lawyers of various nationalities.

We are pleased to note that the national associations of Argentina (also their subsidiary in the province of Cordoba), Chile, Costa Rica and Peru have formed their own sections of young legal scholars, in response to the call of ISLSSL.

All young American legal scholars who are interested in participating in these activities may contact Dr. Juan Pablo Mugnolo (jmugnolo@yahoo.com.ar).

The European Branch

During the next European Regional Congress of Dublin, there will be a Young Scholars Session, in parallel with the first experience of the American Regional Congress of Guayaquil. The session has been scheduled in the Congress’ program on Wednesday, 17th September, 12:15 (beginning of participants’ registration) – 2:30 p.m., in the Sutherland School of Law. The guideline document containing the call for participants, as drawn up from the European coordinator Prof. Stefano Bellomo and his working group, has been posted on the ISLSSL website and will be sent in the next weeks to each European National Member.

Concerning the activities of the National Members, it should be noted that the Spanish Association of Labour Law and Social Security has created its own Young Legal Scholar Section, already very active and which organizes its yearly meetings in September (for more information, please contact the section’s responsible: Mr Josè Maria Miranda Boto at (jmmiranda@gmail.com).

Also the South African Association, SASLAW has recently created its Young Scholar Section, whose head is Sarvani Morgan (smorgan@labournet.com).

Finally, the Austrian Society for Labour Law has appointed Ms Elisabeth Kohlbacher from the Business University of Vienna (Elisabeth.Kohlbacher@wu.ac.at) and Mr Elias Felten from Salzburg University (Elias.Felten@sbg.ac.at), as contact persons for Austria in order to establish the Young Scholar Section. The Austrian Society also announced that during its next national conference, to be held from 26 to 28 of March 2014 in Zell am See (Salzburg) there will be a meeting of young labour lawyers.

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Young Scholars Session: Opening a discussion and call for participants

European Regional Congress – Dublin, 17-19 September 2014

To the National European Associations and Institutions members of ISLSSL:

The aim of this communication is to provide for guidelines to drive national reports that will be made during the Dublin Congress. Each report will be made by single scholars or scholars as research group, and they will be appointed by the ISLSSL members to which the same communication is transmitted.

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I) ISLSSL guidelines to promote young scholars research activities in comparative labour law

According to the decisions taken by the Executive Committee during the last meeting on 25 September 2012 held at the World Congress in Santiago (de Chile), promoting participation of young scholars to scientific initiatives and Congress within the society is one of the current Presidency of SIDTSS priorities. To this end, the so called Report Servais as approved by the Executive Committees said:

“Mention has already been made of the emphasis put by the by-laws on the promotion of the study of labour and social security law amongst young academics and lawyers. A number of recommendations have been made with a view to attracting scholars, including young ones, coming from more countries. It has been traditionally observed that the main responsibility in this regard relies upon the national associations. When however scholars look for suitable conferences to attend, they look at the scholarly programme of the conference, whether it is refereed, what other internationally known scholars will be attending and so on. All of this is also the clear responsibility of the Society. In accordance with Article 1§2 of the by-laws, on the other hand, the Executive Committee facilitates the integration of young scholars into the labour law community and their networking by the assistance it gives to international seminars of comparative labour law, industrial relations and social security. It has recently promoted the organization of new colloquiums of this kind. It could be further encouraged to do so and to provide the organizers with more fellowships.

With the aim of getting up this exhortation, the SIDTSS Officers group composed by the President Adrian Goldin, the General Secretary Giuseppe Casale and the Treasurer Stefano Bellomo encouraged the Regional Conferences organizers, namely the Guayaquil American Regional Congress and the Dublin European Regional Congress, to schedule a specific session during the conferences for labour lawyers young scholars to discuss on topics across the board for all the countries within the Region.

A double consequence come from these initiatives. As the report Servais pointed out it is true that the main responsibility in promoting young scholars activities fall within the national associations competences.

However, each input coming from the International Society may facilitate the process to start reflecting and planning initiatives for young scholars even within each national association: for example, through a national young section or specific seminars or awards for younger scholars.

The second and more immediate consequence is to recognize a space for participation within the program of each Congress even to those who cultivates a significant interest for comparative labour law and devotes part of his research to this area of study, although having less seniority than academic scholars responsible for carrying out general relations or to fill the role of discussant or participant in the round tables.

*****

II) The first experience developed at the Guayaquil Regional American Congress

A first, indeed very positive, attempt to gather scholars belonging to the youngest generations and to promote an exchange of views among them has been carried out at the Ninth Regional American Congress that was held in Guayaquil, Ecuador, from the 1st to the 4th of October 2013. Works presented in that circumstance have been posted on the ISLSSL Internet site and can be consulted at http://islssl.org/category/young-legal-scholars-section/.

Considering the success achieved by such a first initiative, the proposal that herewith it is intended to put forward to each European National Association, in the perspective of the forthcoming Regional Congress to be held in Dublin in September 2014, is to appoint one or more young scholars (leaving to the discretion of each Association the choice of criteria and requirements that qualify a scholar as “young”) and to instruct them, as members of the European “embryo” of the ISLSSL young scholars group, to present a brief report to the Congress. The report should address the topical issues that are indicated in the next section of this communication.

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III) The discussion topics for Dublin 2014

As far as the evolution of labour law in the legal systems of the European area is concerned, the economic global crisis represents the most important transformation topic and the main reason of intervention.

Firstly, the direct or indirect impact of the crisis has characterised significantly the countries that have had to cope with a sharp increase in unemployment, especially among young people. In these cases, the response to the many issues arising from this phenomenon is represented by some incisive laws to reform the rules on employment contracts law, trade union law and collective bargaining, as well as some important changes in the field of social security law (pension systems, protection against unemployment, welfare to work).
These transformations, in many cases, did not derive solely from the decision process of each country’s legislature, but had been introduced, albeit in a diversified manner, in response to precise indications coming from the political-economic institutions that operate more directly in Europe, in most cases by the so-called troika, comprising the European Commission, the European Central Bank, and the International Monetary Fund.

Secondly, even in countries where the economic crisis has opened up new market opportunities related to outsourcing of production and to relocation of businesses, changes in the labour market have brought out more clearly the need to provide assistance to the modernization of legislation in the area of labour.

It is also necessary to consider how these changes, in single countries, have affected the legislation’s evolution linked to the implementation of the Conventions of the International Labour Organization.

For this reason, the most appropriate topics of the first meeting scheduled during the European Regional Congress in Dublin can be summarized in the following questions.

  1. What are the most significant changes that the legal system of your country has suffered since the start of the global economic crisis (2008), with particular reference to the following areas: employment contracts law, trade union law and collective bargaining, social security law (pension systems, protection against unemployment, welfare to work)?
  2. Which role have the solicitations coming from the international and supranational authorities (ILO, IMF, Council of Europe, European Union, the Eurasian Customs Union, etc.) played in the elaboration of these reform measures?

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IV) Organization of the Session

Representatives from the various European national Associations and Institutions affiliated to the ISLSSL will be invited to submit a brief report answering the questions raised in Section III. Such report is to be written using one of the official languages of the Congress (English, French, Spanish).

The reports will be initially published on the website dedicated to this initiative: www.users2.unimi.it/euryoungscholars. After the end of the Congress, the reports will be also available on the ISLSSL website (www.islssl.org and www.sidtss.org).

The www.users2.unimi.it/euryoungscholars website will contain documents, contributions and papers to be uploaded by the persons concerned upon registration.

During the Session the above-mentioned representatives will be asked to present their own report. The duration of the presentation will be established according to the number of the national reports submitted.

The appointment of the representatives shall be notified within the 31st of March 2014. The reports shall be submitted within the 28th of July 2014.

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