Common law, basically afforded employees the right to choose their employers. This freedom to contract was normally visible in instances of transfers of undertakings and it, therefore, meant that an employer could not transfer an employee‘s employment contract without the latter‘s consent. When an undertaking went insolvent on the other hand, employment contracts also terminated and the notion of ―advantage to creditors‖ meant that employees were left with little to nothing to show for their years of employment. Consequently, employees found themselves out of jobs and struggling to make ends meet. However, the legislator implemented section 197 of the Labour Relations Act 66 of 1995which was ultimately amended in 2002 to regulate the transfer of a business, trade or undertaking, where such are transferred as a going concern. This therefore meant that employment contracts are transferred automatically upon such transfers. The enactment of section 197A together with the amendment of section 38 of the Insolvency Act meant that the notion of advantage to creditors was dealt away with; hence protection was afforded to employees. The aim of this piece is to examine the effects of transfer of undertakings on employee rights in both labour law and insolvency law. In this field of transfers, South Africa has followed England for some time. This has been evident before the enactment of section 197 of the Labour Relations Act 66 of 1995. In Roshall v Design Three1989 10 ILJ 1127 the court acknowledged the common law position stated in Nokes v Doncaster Amalgamated Collieries Ltd1940 AC 1014 (HL).The court in this case stated that one‘s right to choose an employer is ―the main difference between a servant and a serf‖. This piece will, therefore, compare the position in South Africa with one of England. A further comparison will be made with the European Union law, because problems experienced in South Africa and England were encountered by the European Union (hereafter-EU) as well. The aim of this piece is to draw similarities and differences between South Africa, England and European Union as a whole and establish whether employees do get protection from Labour and Insolvency legislation upon transfer of undertakings that are both insolvent and solvent. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Common law, basically afforded employees the right to choose their employers. This freedom to contract was normally visible in instances of transfers of undertakings and it, therefore, meant that an employer could not transfer an employee‘s employment contract without the latter‘s consent. When an undertaking went insolvent on the other hand, employment contracts also terminated and the notion of ―advantage to creditors‖ meant that employees were left with little to nothing to show for their years of employment. Consequently, employees found themselves out of jobs and struggling to make ends meet. However, the legislator implemented section 197 of the Labour Relations Act 66 of 1995which was ultimately amended in 2002 to regulate the transfer of a business, trade or undertaking, where such are transferred as a going concern. This therefore meant that employment contracts are transferred automatically upon such transfers. The enactment of section 197A together with the amendment of section 38 of the Insolvency Act meant that the notion of advantage to creditors was dealt away with; hence protection was afforded to employees. The aim of this piece is to examine the effects of transfer of undertakings on employee rights in both labour law and insolvency law. In this field of transfers, South Africa has followed England for some time. This has been evident before the enactment of section 197 of the Labour Relations Act 66 of 1995. In Roshall v Design Three1989 10 ILJ 1127 the court acknowledged the common law position stated in Nokes v Doncaster Amalgamated Collieries Ltd1940 AC 1014 (HL).The court in this case stated that one‘s right to choose an employer is ―the main difference between a servant and a serf‖. This piece will, therefore, compare the position in South Africa with one of England. A further comparison will be made with the European Union law, because problems experienced in South Africa and England were encountered by the European Union (hereafter-EU) as well. The aim of this piece is to draw similarities and differences between South Africa, England and European Union as a whole and establish whether employees do get protection from Labour and Insolvency legislation upon transfer of undertakings that are both insolvent and solvent. / LLM (Labour Law), North-West University, Potchefstroom Campus, 2015

Concentration of Undertakings within Protection of Czech Competition The subject of this diploma thesis is to define the subject of concentration of undertakings, which is one of the parts of competition protection, and to define the way of control of such concentration in the Czech legal order. Without the functioning of competition, the functioning of trade cannot be imagined, and since self-regulation of trade has proved to be inadequate over time, there was nothing else to do than to introduce a regulation regulating the behavior of market players. These standards gave rise to a new branch of law, i.e. competition law. The thesis is divided into nine chapters, the first four being rather interpretative, because they explain the basic concepts and terms used by the Act on the Protection of Competition and the European Commission. The fundamental issue of this work is to explain the definition of the concentration as such, in which, without knowing the various forms of concentration, it would not be possible to correctly identify the operation and properly notify the competition authority. Next, I deal with the procedure of the competitors and subsequently of the Office for the Protection of Competition (hereinafter referred to as "the Office") in the proceedings. I consider significant the adaptation of...

More than ever before, two imperatives, ‘the right to know’ and ‘the need to keep secret’, find themselves in a contest for a position of primacy in the contemporary legal system. The need to keep secret is antipathetic to the right to know. The Canadian Charter of Human Rights and Freedoms has entrenched a person’s right to disclosure of both exculpatory and inculpatory material in possession of the prosecution. Moreover, the common law has placed the additional responsibility on the prosecution to inquire of third parties as to the existence and production of material relevant to the defence. Despite the entrenchment of the right to disclosure the demands by the state have steadily grown for more evidence to be withheld from defendants, parties to proceedings and the public in general. The applications for in camera or ex parte hearings are common place and frequently acceded to. This thesis seeks to examine the clash of the two imperatives from the Canadian perspective. By using a comparative analysis of other jurisdictions throughout the thesis, it examines the various legislative instruments and common law employed in the Canadian Courts in respect of ‘ordinary’ criminal trials as well as trials of suspected terrorists, specifically, in respect of disclosure and the ability to withhold material from other parties and refrain from the obligation to disclose. The thesis includes a full analysis of disclosure options, public interest immunity, informer privilege, special advocates and other regimes, and claims of privilege in the interests of national security. The thesis provides a number of detailed recommendations as to how Canada can better balance rights of accused against the public interest and the needs of those who enforce the law.. The recommendations call for legal reforms, some new institutions for better accountability and new internal standards for those engaged in the investigation of crimes and national security matters. / Thesis (Ph.D, Law) -- Queen's University, 2012-04-25 15:01:59.292

L'auteur analyse la question suivante: quelle est l'étendue des pouvoirs du Parlement fédéral canadien sur la réglementation d'Internet? Le Parlement fédéral et les différentes provinces canadiennes sont de plus en plus disposés à réglementer Internet. Or, la question du partage des compétences constitutionnelles entre le Parlement fédéral et les provinces quant à la réglementation d'Internet a été peu étudiée jusqu'à maintenant. Après avoir appliqué les principes constitutionnels au contexte propre à Internet, l'auteur conclut que les compétences législatives sont grandement partagées entre le Parlement fédéral et les provinces. / The author exammes the fol1owing question: what is the extent of the Canadian Parliament's jurisdiction over the regulation of the Internet? The Canadian Parliament and the provinces are now more open to Internet regulation. However, the subject of the distribution of powers between the federal government and the provinces over the regulation of the Internet has not yet been significant1y discussed. After a review of the relevant constitutional principles and their applications to the Internet, the author concludes that a large part of the jurisdiction over the Internet is shared between the Canadian Parliament and the provinces. / "Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maître en droit (LL.M)"

"Mémoire présenté à la Faculté des études supérieures en vue de l'obtention du grade de maître en droit (LL.M)" / L'auteur analyse la question suivante: quelle est l'étendue des pouvoirs du Parlement fédéral canadien sur la réglementation d'Internet? Le Parlement fédéral et les différentes provinces canadiennes sont de plus en plus disposés à réglementer Internet. Or, la question du partage des compétences constitutionnelles entre le Parlement fédéral et les provinces quant à la réglementation d'Internet a été peu étudiée jusqu'à maintenant. Après avoir appliqué les principes constitutionnels au contexte propre à Internet, l'auteur conclut que les compétences législatives sont grandement partagées entre le Parlement fédéral et les provinces. / The author exammes the fol1owing question: what is the extent of the Canadian Parliament's jurisdiction over the regulation of the Internet? The Canadian Parliament and the provinces are now more open to Internet regulation. However, the subject of the distribution of powers between the federal government and the provinces over the regulation of the Internet has not yet been significant1y discussed. After a review of the relevant constitutional principles and their applications to the Internet, the author concludes that a large part of the jurisdiction over the Internet is shared between the Canadian Parliament and the provinces.

The subject of this study is transfer of undertakings and employment protection in cases of outsourcing. The aim of the study is to examine how the Swedish law in the area relates to the EU law. This is done by comparing the Swedish case law of Arbetsdomstolen to the case law of the Court of Justice of the European Union and by critically reviewing the case law of Arbetsdomstolen from a gender perspective. The method used for this study is a doctrinal research method. This is supplemented with a social science perspective. Cases of outsourcing are often complex and have given rise to a lot of case law from both the Court of Justice of the EU and Arbetsdomstolen. Arbetsdomstolen has furthermore been subject to criticism for interpreting the EU directive too independently and for being too employer friendly. The results of the study show that Arbetsdomstolens assessments are different from the Court of Justice of the EU assessments in some aspects. Both courts, but Arbetsdomstolen in particular, distinguishes between undertakings that are based on material assets and undertakings that are based on personnel assets. Case law shows that a transfer of undertaking is more likely to occur when it concerns an undertaking based on material assets. This means that Arbetsdomstolens assessments are unfavorable for employees working in undertakings based on personnel. The conclusion is therefore that, since the Swedish labor market is gender segregated, the employment protection is stronger for men than for women.

Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...

Résumé The presented work addresses the issue of the double-tracking nature of a dominant position in European competition law. The aim of the integration efforts during the establishment of the EU was the creation of an internal market, especially the customs union. In order to achieve this state, it was necessary to take a number of integration measures and create a legal framework, i.e. conditions, under which economic competition in the internal market could operate effectively. In this context a variety of legislation valid for the whole EU territory has been accepted. However, in the context of the economic competition this work analyzes the legislation on market dominance carried out first in Article 102 of TFEU (Treaty on the Functioning of the European Union) prohibiting restrictive business practices in the form of abuse of a dominant position and also in Council Regulation (EEC) No 4064/89 and later in Council Regulation (EC) No 139/2004 regulating the control of concentrations between undertakings. In case of both the legislations the crucial question is the "dominant position" of an enterprise in the market, while Article 102 of TFEU represents the ex post control, i.e. applies only to the possible abuse of the dominant position, and in this sense the dominant position itself is not the...

Depuis la mise en place des marchés financiers dans l’espace OHADA, les autorités communautaires ont entrepris de sérieuses réformes visant à assurer la protection de l’épargne publique et éventuellement la confiance des investisseurs. À ce titre, l’instauration d’un climat des affaires fiable et efficace constitue l’un des défis majeurs posés par le marché financier de l’UEMOA, de la CEMAC et du Cameroun. Il apparaît dès lors indispensable d’envisager un modèle d’organisation et de fonctionnement ainsi que des règles de marché apte à répondre à la fois au souci légitime de développement des marchés concernés et au besoin de sécurité des investisseurs nationaux et étrangers conformément aux standards financiers internationaux. Il faut noter que les marchés financiers dans l’espace OHADA présentent des acquis considérables en termes de sécurisation des acteurs et des opérations financières, même si beaucoup reste à faire surtout dans le cadre de la répression des délits boursiers. L’étude de ce sujet était aussi une occasion d’aborder la diversité des sources applicable aux différents marchés financiers dans l’espace OHADA. Un simple regard sur le droit OHADA à travers le prisme de l’acte uniforme relatif au droit des sociétés, laisse apparaitre une faible implication de cet organe dans le processus de sécurisation des marchés financiers dans l’espace intégré. Dans un souci d’harmonisation, il est souhaitable que l’OHADA adopte un acte uniforme relatif au droit des marchés financiers. Un tel instrument juridique est destiné non seulement à assurer l’uniformisation du droit applicable à tous les marchés financiers mais aussi à pallier aux systèmes de renvoi réciproque / Since the establishment of financial markets in the OHADA zone, the community authorities have undertaken serious reforms to ensure the protection of public savings and possibly investor confidence. As such, the creation of a reliable and efficient business climate is one of the major challenges facing the financial markets of WAEMU, CEMAC and Cameroon. It therefore seems essential to consider an organisational and operational model as well as market rules capable of responding to both the legitimate concern for the development of the markets concerned and the need for the security of domestic and foreign investors in accordance with International financial standards. It should be noted that the financial markets in the OHADA zone have made considerable progress in terms of the security of stakeholders and financial transactions, although much remains to be done, especially in the context of the combat against stock market crimes. This study also provided an opportunity to address the diversity of sources applicable to different financial markets in the OHADA zone. An examination of the OHADA law through the prism of the uniform act on company law reveals the low level of involvement of this body in the protection of financial markets in its integrated area. For harmonization purposes, OHADA needs to adopt a uniform act on financial market law. Such a legal instrument is not only intended to ensure the standardization of the law applicable to all financial markets but to also offset mutual referral systems