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

In this paper, the author expresses his concerns over recent trends that have led the Council of Europe to be inconsistent with its own functioning and pillars on which it is based (human rights, democracy and the rule of law). In the first part, the author relates this concern to the excessive bureaucratization and to an inconsistency with the respect for the rule of law in international procedures. The second part illustrates this concern with regrettable episodes (concerning the modification of the rules of procedure or the election of representative bodies) which the Conference of INGOs within the Council of Europe has been involved in. Finally, the author reflects on the need to strengthen the pillars of the Council of Europe by reducing the democratic deficit in its internal functioning. 

This study analyses the impact in collective bargaining of labour laws reform established by the Royal Decree Law 32/2021, of 30th December. This paper examines the introduced measures in three directions: the prevalence of sectoral collective bargaining agreements in setting wages, recovering the indefinite extension of collective agreements unless otherwise stated, and rules for determining the collective agreement applicable in business-to-business contracts. This study additionally mentions key elements on collective bargaining system that have not been modified and also focus on this reform intentions, specially their orientations towards the workers rights recovery that were affected by previous labour laws reforms as the reform performed in 2012.

This article analyzes the current treatment and regulation of teleworking in Public Administrations. Starting from its normative antecedents, this work carefully addresses the current regulation of teleworking after the inclusion of art. 47 bis in the EBEP. Subsequently, it analyzes the regulations that have been adapted and approved in the different Public Administrations -local entities and autonomous communities-  in response to the mandate contained in the aforementioned basic regulation, with special attention to the Royal Decree project that regulates teleworking in the State Administration.

France is undoubtedly a "model student" in its commitments to the European Social Charter. However, at the domestic level, the picture was more mixed with regard to the Charter's lack of effectiveness due to the rejection of its justiciable nature. In recent years, the fate of the Charter has improved due to the recognition of its direct effect by French judges. Nevertheless, as this recognition is only partial and some violations of the Charter by French law persist, there is still room for progress.

The article raises the essential questions of the Spanish regulation of stowage from a competition law perspective and analyzes the reactions of the competition authority. The stowage service is essential in maritime traffic and its enforcement in terms of efficiency can contribute significantly to increasing the competitiveness of maritime transport and generate clear advantages for the general interest.

Georges Sorel defends that the future of Socialism (based on self-management and the idea of anti-state) is in the autonomous development of workers and trade unions. The Proletariat must acquire full class-consciousness and articulate a strategy that overthrows capitalism system. In Sorel's syndicalist ideology, the final goal consists primarily in self-management of workers unions. In this way, the union is destined to work on a crystallization of experiences and pedagogical issues. This could make possible the birth of a new model of social organization and a new morality of producers that could be an alternative to capitalism. While Orthodox Marxism affirms limits of the consciousness of unions and defends the Party as the instrument of workers' struggle for a new society, Sorel thinks the best instrument is a revolutionary syndicalism and self-managing, because they could be capable to build a new order that could move away centralized State, parties system and parliamentary democracy. The power of work is expressed in the struggle. Sorel affirms that man is above all homo-faber, while the reason is the daughter of technique. The man is linked to its status of producer. The knowledge of phenomena and reference values do not lies on intellectualism that is external to it, but on the development of production process. Understanding is to produce, so the person does not produce is a parasite. That is why the socialist future is to create an autonomous society of producers. That is to verify the last consequences of a class that becomes conscious of itself and “for itself”, forged in a new morality and the overthrow of the capitalist state. The autonomous institutions of workers as class “for themselves” are the true agent of revolution and not the “professionalized” political parties.

This study analyzes the last exclusion of the particular employment relationship for employees of home according to the Royal Decree 1620/2011 of subjective scope of the Law of Prevention of Occupational Risks. And the Royal Decree-law 16/2022, recently approved, which guarantees the protection of health and safety in the domestic work. Likewise, it studies the risks that affect to domestic workers and his prevention.

Kelsen developed his theory of democracy and the state in the era of the "crisis of democracy", in which various alternative theories of democracy flourished against the background of the critical experience of the Weimar Democratic Republic. Since then, reflections on the crisis of democracy and the multiplicity of theories of democracy have only proliferated as a critical traveling companion of contemporary societies. The theory of law now refers to an activity that is not limited to describing and systematizing the law, but also openly takes into consideration the reformulation of the legal system, so as to provide legal operators with a system of technical-legal solutions and the necessary axiological solutions (which are basically already present in the norms of constitutionally enshrined principles and values). With regard to the characterization of legal science, the idea that absolute legal formalism, i.e. the pretension of limiting the object of legal knowledge to the law in force, has historically been overcome, must be clear in principle, since in the connection between law and social reality a normativist realism is imposed to capture the legal phenomenon in all its complexity within the orders of life and thus serve the demands of organization and legal rationalization of social relations according to purposes and principles guaranteed by texts of "value" and "constitutional sense".

Greece has signed and ratified the ESC and all its amending and additional protocols. Nevertheless, the implementation of the Charter rights was found to be on a rough path. Specifically in the era of the tripartite creditors’ administration (“the Troika”) of the country’s economic affairs (2010-2019) Parliament was forced to pass measures, so called austerity measures, in overt violation of many fundamental employment rights enshrined in the Charter. This led to the delivery of decisions of non-conformity by the ECSR on relevant collective complaints filed by representative domestic trade unions against the Greek State. The latter could not escape the negative outcome of the proceedings, by asserting that the Government had not acted of its own free will but that they were forced to enact such measures under the creditors’ threat of the country’s going bankrupt. In 2016 the country ratified the rev. ESC. Nevertheless, as shown in the case of implementation of article 24 on the principle of dismissal only with a valid reason, the Greek legal practice, even after the Troika had left the country, could not absorb the function and the scope of values underlying social rights, mainly due to the unreadiness of the involved legal circles, but also on the account of the   recently dominant neoliberal shift in the country.

The legal protection of the work accident supposes, since the approval of the Law of Work Accidents of 1900, the cause of the development of, on the one hand, the Law of Work and Social Security in Spain as we know it and, for another, of the social order of the jurisdiction. This study will review the causes of protection of accidents at work, and how this substantive protection led to the creation of specialized judicial bodies. The first causes of the creation of these bodies and the substantive legislative development that the work accident had since 1900 will also be addressed, observing how, with the development of history over more than a century, the work accident continues to have an essential role in Social Law and in its adjective manifestation, social jurisdiction.