Category Archives: Young Legal Scholars Section

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.

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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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Young Legal Scholars and the AEDTSS

The Spanish Association for Labour and Social Security Law with a view to implementing the initiative of the ISLSSL to create the Young Legal Scholars Section established their own national section of young legal scholars which will keep relations with it. The coordinator is Prof.  José Maria Miranda Boto of the University of Santiago de Compostela (Email: jmmiranda@gmail.com)

The “Embrión Latinoamericano”

Note: There is no English translation for the following text.

Tal como se informara en el Boletín N° 135  de Enero de 2013, el “embrión latinoamericano” de la Sección Jóvenes Juristas se propuso generar un encuentro académico en el marco del Congreso Americano  que tendrá lugar entre el 2 y 4 de octubre de 2013 en Guayaquil, Ecuador a efectos de debatir acerca del grado de institucionalización/desinstitucionalización normativa en materia tutelar en el último decenio caracterizado en la mayoría de las economías de la región por la producción de tasas significativas de crecimiento.

Luego de haber consensuado un esquema temático básico y una metodología común, a fin de facilitar el  aprovechamiento de las experiencias de derecho comparado que cada país aporte, los jóvenes juristas latinoamericanos se encuentran actualmente en pleno desarrollo académico y estudio de sus respectivas problemáticas nacionales.

El encuentro del “embriòn latinoamericano” se ha confirmado para el dìa 2 de octubre de 13 a 15:30 hs en Guayaquil. En dicha oportunidad, los colegas  latinoamericanos no sólo se circunscribirán al mencionado debate académico sino que además, ocupará parte de la jornada para acordar estrategias de organización y consolidación del espacio en la región.

The Society and the Young Lawyers Section

The following is an excerpt from Society Bulletin #135, January 2013.

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.