Sistema Regional de Información
en línea para Revistas Científicas de América Latina,
el Caribe, España y Portugal

This article tries to illustrate the influence of the European Social Charter (1961) on the evolution of Belgian Social Law. The finding is that most of the pillars of the Belgian Social Model were already established before the late ratification of the Charter by Belgium, in 1990. Afterwards the case law of the European Committee of Social Rights (ECSR) pointed out some necessary adaptations. Some others have been decided by the ECSR as a response to some collective complaints directed against Belgium. This country considered the ratification of the Protocol introducing this procedure as a meaningful progress for all the Contracting Parties. It gives the civil society a direct access in the development of the Charter, but only 15 State Parties did ratify it. The article comments also on how Belgium is confronted, like other Parties, with the competing mutual influence of the Charter and the Community Law of the EU. The revised Charter (1996) was a major contribution in favour of more coherence between both legal orders. Belgium argued strongly for more explicit convergences. It seems desirable that both the EU Court and the ECSR try to deliver more visibility about the common rights and their complementarity.

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Both the economic crisis experienced from the end of the first decade of the 21st century, as well as the effects derived from the health crisis of COVID, have exposed society to a climate of tension from which profound negative economic effects have been derived, accentuated by Parallel processes of a demographic nature, as well as social reformulation. All of this imposes the need for a rethinking of policies that affect the widening of the labour market if we do not want the processes of social exclusion not only to leave important scars in our model of welfare society but also end it.

Animal rights began to be recognized in most countries a long time ago. Indeed, for a decade now, legal instruments and jurisprudence (including international ones) have extended the recognition of said rights, and the protection that derives from it. This extension is likely to continue and expand in the coming decade.

The article addresses the subject of gender pay gap, providing an in-depth analysis of the decision on the merits of the European Committee of Social Rights regarding complaint no. 136/2016, against Portugal. To this end, it renders an overview of the most relevant international and European provisions on this matter and an explanation of the Portuguese legal regime. The sociological and legal reasons for gender disparity are also discussed, as well as the difficulties associated with the implementation of the principle of equal pay. Finally, it analyses the Law of equal pay, recently introduced in the Portuguese legal order.

The starting point for this research is the legal-labour analysis of article 312.1 of the Spanish Criminal Code; we turn to the labour and criminal law doctrine that examines it, as well as to judgments on illegal labour trafficking. Our aim is to find out what judges and criminal courts interpret illegal labour trafficking to mean. To do this, we identified the significant elements that appear in the legal grounds of the judgements, when they analyse the crime, to differentiate it from the administrative-labour offence. We also looked for coincidences and differences between judicial and academic interpretations of illegal labour trafficking. We carried out an observational and non-experimental design for the study of these, collecting the information in a systematic observation protocol, with different categories, constructed "ad hoc". The data show, for example, that there are mismatches between academic and judicial interpretation, as well as a lack of specificity with respect to the protected legal right.

The regulation of the right to collective bargaining in the public function constitutes the best reference to compare the legal regime of workers in the service of the public administration between Portugal and Spain. Through a detailed legal cartography, the aim is to discover which are the common patterns and the divergences present in order to offer a panoramic vision that will allow, where appropriate, to enrich the debate on a possible legislative reform. Through the analysis of each of the dimensions that make up collective bargaining, it will be shown that the Spanish model is more flexible and agile than the Portuguese one.

The identification of a vessel´s captain as a managerial employee is usually a matter for doctrine and jurisprudence, the statute law rarely takes the trouble to clarify it. Venezuelan law does not expressly recognize the captain as a managerial employee, however, case law has dealt with several cases and has advanced interesting motivations and conclusions. Although at first sight its inclusion within the category of managerial employee seems to be an obvious conclusion, the application of the primacy of reality and the variations that the jurisprudence has shown trying to draw the boundaries of the managerial employee provides elements of uncertainty that give us the opportunity to analyse it.

The contribution first examines the social and trade union situation in Spain in the last years of the Franco regime from the point of view of the ILO. It contains a brief reminder of the social and trade union structures from 1936 to 1975. The intention in this part is less to recall the criticisms than to underline the background of the dynamic set in motion by the country, with the collaboration of the Geneva Organization, since 1975, and the rapid creation of a democratic social system. It deals then with the major reforms intervened after the regime change. It describes the exemplary achievements of the country in the years immediately following. The conclusions draw some lessons from a particularly short and successful transition from a totalitarian to a democratic regime, reflecting on the role of national institutions in the interpretation and implementation of international conventions on fundamental rights.

This article aims to explain and analyze the development of the valencian education model in recent decades, also identifying what its main results have been in terms of public policy. To this end, the main milestones that mark its development will be analyzed, passing through the different stages of self-government in parallel to the major legislative reforms that have taken place in Spain in the field of Education.