Stefan Clauwaert
Bio/Description
Born 1970 in Ghent (Belgium); Master in Law (specialised in social law) of the University of Ghent; former researcher at the Department of Social Law of the University of Ghent; researcher at ETUI since October 1995; since 1996 also acting as ETUC NETLEX Coordinator and since 2002 as ETUC Adivsor to the Council of Europe.
Research Fields
International, European and comparative (labour) law and EU (interprofessional) social dialogue.
CV
Born: February 12, 1970 in Ghent (Belgium), Belgian nationality
Position: ETUI Senior Researcher (see also sections 'Current professional tasks' and 'Advisory capacities' below)
Diploma and Certificates:
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Master in Law, Speciality Social Law (Individual and Collective Labour Law and Social Security Law),Chosen optional courses: Medical Law and Insurance Law, graduated with distinction in July 1993 at the University of Ghent (Belgium)
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Certificate 'Litigation in the European Court of Justice', post-graduate course organised in January 1996 by the Academy of European Law Trier (Germany) and recognised as postgraduate course for the compulsory continuing professional development (CPD) of solicitors by the Law Society of England and Wales
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Certificate ILO training 'International labour standards for lawyers and legal educators',Turin, 27 August - 7 September 2001
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Certificate 'Summer Course on EC Competition Law', organised by the Academy of
European Law (ERA-Trier (Germany)) on 30 June - 4 July2003
Language skills:Dutch: Mother tongue
French: good
English: very good
German: basic notions
Former professional experiences
April 20, 1994 - July 18, 1994
Researcher at the Department of Social Law (University of Ghent - Belgium) involved in the research project 'Social expenditures in Belgium'.
August 10, 1994 - August 26, 1994
Mission in the Philippines under the authority of the Belgian Federal Department of Development and Cooperation in order to establish a bilateral research and social action project on the subject of 'International trade in human beings' (more in particular concerning women trafficked for the sex business).
August 1994 - May 31, 1995
Researcher at the Department of Social Law (University of Ghent) in charge of the further preparation of the research pillar of the abovementioned bilateral project. Also involved in a project between the University of Lille (France) and the University of Ghent (Belgium) on 'Cross-border employment'
Current professional tasks:
October 16, 1995 -
1. Senior Researcher at the European Trade Union Institute (ETUI-Brussels -
Belgium) with as main research fields: International, European and comparative
(labour) law and EU (interprofessional) social dialogue.
2. Coordinator of the ETUC trade union legal experts network, NETLEX, which is
composed of more than 130 trade union legal experts representing almost all
organisations affiliated to the ETUC. This work involves amongst others:
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The drafting of legal trade union policy papers
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The drafting of trade union proposals for or amendments of primary and secondary community legislation
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Conducting legal (comparative) research (e.g. on implementation at national level of EU social dialogue framework agreements)
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Legal assistance and participation in the European social dialogue (e.g. negotiations on fixed-term work, temporary agency work, telework and stress at work )
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Day-to-day servicing of the NETLEX (information exchange, replying to requests for legal information and assistance, etc.)
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Organising an annual conference of the NETLEX on the latest developments in EU labour law
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Several specific expert missions to assist trade unions in the new and candidate EU countries in legal affairs
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See also section 'Advisory capacities' below
3. Acting as ETUC Advisor in relation to the Council ofEurope (Revised) Social Charter,
including participation in the Social Charters Governmental Committee meetings
Advisory Capacities:
Current
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Member of the ETUC Legal Coordination Group
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Legal advisor of the ETUC Negotiation and/or Drafting Committee within the framework of the EU social dialogue negotiations on fixed-term work, temporary agency work, telework and stress at work.
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Member of the ETUC Task Force on 'Violence at work'
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Expert and Member of the Project Committee, the Legal Reference Committee and the Case Decision Committee established in the light of the LO/TCO Baltic Labour Law Project on 'Development of expert legal backup in relation to Labour law and Human Rights in Eastern and Central Europe'
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Expert in the so-called 'Trade Union Legal Experts Network forSouth-East Europe - Balkan NETLEX', a project organised by ETUC/ETUI and financed by the Swiss Development and Cooperation Agency offering in the Balkan region (Albania, Bulgaria, Bosnia and Herzegovina, Republika Srpska, Kosovo, Croatia, Macedonia, Montenegro, Serbia and Romania)
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Member of the ETUCE Trade Union Legal Experts Network (i.e. a network of trade union legal experts in the education sector)
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Member of the Conseil d'Administration of Institut Européen des Juristes en Droit Social (IES-France)
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Commissioner of the International Commission for Labour Rights, an initiative of IADL and ICTUR established on the occasion of the 89th Session of the International Labour Organisation (ILO)
Former
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Member of the ETUC Task Force in charge of preparing ETUC's amendments to the draft EU Constitution
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Member of the ETUC Task Force in charge of preparing ETUC's amendments to the EU Charter of Fundamental Rights (Adopted in December 2002 at the Nice Council Summit)
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Member of the ETUC-EAEA (European Alliance of Arts and Entertainment) project advisory committee on the application of social directives in the spectacle and media sector
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Member of the Expert Committee of the project on 'Crossborder employment' between the Universities of Ghent (Belgium), Lille (France) and Tilburg (Netherlands)
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Member of the Steering Committee of the 'Joint Programme for Working Life Research in Europe', a co-operation project on 'fixed-term work' between the Swedish National Institute for Working Life and the Swedish Trade Unions.
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Member of the Steering Committee of the Swedisch National Institute for Working Life project on 'The Albany case and the relation between collective agreements and EC competition law'.
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Member of the Steering Committee of the Swedish National Institute for Working Life SALTSA project on 'Temporary agency work'
Selection of participation in several international, European and national conferences on different aspects of EU and national labour law and litigation (as from 1998)
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Conference on 'The revision of the EWC Directive. The legal aspects' organised by the Universities of Antwerp, Amsterdam, Bremen, Strasbourg, Trier and Utrecht in cooperation SETCA/CNE/Euro-FIET, 19-20 November 1998, Brussels
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Conference on 'The Temporary and Agency Worker - their role in Europe's workforce' organised by the Transport and General Workers' Union and Manpower PLC, 28-29 January 1999, London
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Conference on 'Litigating before international courts', organised by Justice (Human Rights NGO), 21-23 June 1999, London
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European Academy of Law (ERA-Trier), Seminar on 'New developments in EU Labour Law', Trier, 31 May - 1 June 1999
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Arbetslivsinstitutet/Saltsa-programmet, Conference on 'The Euopean social dialogue and the framework agreement on fixed-term work', 9 September 1999, Stockholm
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ETUC/Social Charter Section of the Council of Europe, Training seminar on the (Revised) Social Charter, 20-24 September 1999, Strasbourg
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European Academy of Law (ERA-Trier),Seminar on 'The new proceedings of the European Court of Justice', 1-2 March 2000, Strasbourg
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European Academy of Law (ERA-Trier),Conference 'New developments in the Labour Law of the EU', 18-19 January 2001, Trier (Germany)
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European Academy of Law (ERA-Trier),Conference 'The Fixed-term contract Directive - Achieving a better balance between flexibility in working times and security for workers', 26-27 April 2001, Trier (Germany)
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European Academy of Law (ERA-Trier),Conference 'Equal opportunities for men and women in Europe: wishful thinking?', 10-11 September 2001, Trier (Germany)
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Seminar organised by the Belgian Ministry of Labour on 'Droits sociaux fondamentaux dans la perspective communautaire européenne', 19 June 2002, Brussels
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European Commission, Data Protection Conference on the implementation of Directive 95/46 EC, 30 September - 1 October 2002, Brussels
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University of Ghent - Department of Social Law (Belgium), Legal Seminar on the Belgian implementation of the 2000 Non-Discrimination Directives, 8 May 2003, Ghent
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European Academy of Law (ERA-Trier), Conference on 'The fight against discrimination in the daily practice', 12 May 2003, Trier
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Université Européenne du Travail (UET - Paris), Conference on 'What kind of innovation in the field of European and International social regulations?', organised in cooperation with the European Employment Lawyers Institute (IES - France) and the European Commission, Paris, 9-10 October 2003 - with a written and oral contribution on 'The EU Social Dialogue: an innovation for EU law in terms of content and proceedings?'
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European Academy of Law (ERA - Trier), Conference on 'Recent developments in European labour law', 6-7 May 2004, Trier, with a written and oral contribution on 'The EU social dialogue - The Social Partners' Work Programme 2003-2005'
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European Working Group on Labour Law, Seminar on 'The application of ILO standards in international law and labour law', 17 December,Ghent.
Projects
Trade Union Legal Experts Network for South East Europe
The Legal Experts Network operates as an extension in the Balkan region of the existing ETUC network of Trade union legal experts - NETLEX, combining expertise from both EU member-states and CEE accession countries. SEE experts would also profit from the established database that has accumulated information for more than five years of operation of NETLEX, including answers and legal advice on particular questions of labour law development in the CEE transition countries.
European Social Dialogue
This project is intend to scientifically cover issues related to the development of particular issues of the European social dialogue that are of major interest for the European Trade Union movement such as the evaluation of the instruments of the European social dialogue. Research is also launched as regards the evaluation of new instruments of soft law that interact with social dialogue instruments such as the codes of conduct or guidelines. In this respect, the issue of corporate social responsibility will be tackled.
Legal Experts Network - NETLEX
The EC has produced and is likely to continue to produce European labour law, which is of direct interest of workers and their representatives, including trade unions. Information and advice on the elaboration, implementation and interpretation of EC labour law is thus of crucial importance for the ETUC and its member organizations.
European Labour Law Project
The ETUI-REHS is implied in the BLLP since 1998. The BLLP stopped end of 2004. However, since 2005 the Swedish cooperation partners are running along the lines of the BLLP the same kind of project for the region of St. Petersburg and the
Republic of Bashkortostan.
The Application of EU Labour Law Directives to Certain Sectors and/or Occupations
Often the ETUC and its European Industry Federations (EIF's) are confronted with the need to review the application of the different international and European (labour) law instruments to the different sectors of economy or specific occupations such as managerial staff or artists for instance.
Transnational Trade Union Rights
Several years ago, the ETUI-REHS established this network in order to be assisted in legal research in the area of fundamental social rights, including transnational trade union rights.
Contacts
ETUI-REHS Research
Boulevard du Roi Albert II, 5 - Box 4
B-1210 Brussels
Belgium
Office N°: 420
Publications
Report 89. Non-discrimination in the European Union.
Non-discrimination is one of the fundamental values on which the European Union is based. Two Directives on this subject were adopted in 2000 to establish common principles for combating discrimination in the European Union. Directive 2000/78/EC is intended to put in place a general framework to ensure equal treatment of individuals in the EU, regardless of their religion or belief, disability, age or sexual orientation, as regards access to employment or occupation and membership of certain organisations. Directive 2000/43/EC is intended to implement the principle of equal treatment on grounds of racial and ethnic origin in the EU, including in employment.
Report 73. Survey on the implementation of the part-time work directive/agreement
Part-time workers form a substantial proportion of the working population both in the member states of the European Union and in the applicant countries. The development of part-time work in recent years varies from one country to another. To promote part-time employment, while protecting the workers concerned from discrimination, in 1997 the European Social Partners concluded an agreement which was incorporated into a Council directive in the same year.
The ETUI decided to scrutinise the impact of this directive on member states' legislation. Its findings - different in a number of significant respects from the official Commission implementation report - were published in December 2002 in a new ETUI Report.
Report 75. The Community social acquis in labour law in the CEECs and beyond: fighting deregulation
EU accession is being used by the governments of the accession countries to deregulate labour law standards, thereby exacerbating the already significant gap between these countries and the European Social model.
Report 76. Legal analysis of the implementation of the fixed-term work directive
The Fixed-term work Directive is - following parental leave and part-time work - the third directive incorporating an EU social dialogue framework agreement. It aims not only to improve the quality of fixed-term work in a general framework geared to improved living and working conditions for workers in the European Union, but also to prevent the abuse of successive fixed-term contracts.
Report 78. Labour relations in South East Europe
An analytical overview of the legal frames that provide the basis for development of industrial relations and social dialogue in the region.
Report 82. Fundamental social rights in the European Union.
In a more than 330-page survey the ETUI presents the current situation regarding the legal recognition of fundamental social rights. The revised and updated version of Fundamental social rights in the European Union - Comparative tables and documents provides information on a subject that has been of constant political relevance in the EU since 1989.
Report 65. Survey of legislation on temporary agency work
Temporary work is on the increase throughout the EU. 6.5 million persons gain work experience through temporary work agencies each year. The present survey endeavours to give an overview of the legislative situation in the EU Member States, Norway and the Czech Republic in relation to temporary agency work (travail intérimaire)
Report 66. Analysis of the implementation of the parental leave directive in the EU Member States
This report provides an overview on how the most important features of the parental leave directive were implemented by the 15 Member States via legislation or collective agreements. Reports from three Central and Eastern European countries which do not yet have to implement the Directive but have a certain system of parental leave, are also included.
Report 88. Non-discrimination in the European Union.
Non-discrimination is one of the fundamental values on which the European Union is based. Two Directives on this subject were adopted in 2000 to establish common principles for combating discrimination in the European Union. Directive 2000/78/EC is intended to put in place a general framework to ensure equal treatment of individuals in the EU, regardless of their religion or belief, disability, age or sexual orientation, as regards access to employment or occupation and membership of certain organisations. Directive 2000/43/EC is intended to implement the principle of equal treatment on grounds of racial and ethnic origin in the EU, including in employment.
Report 87. Non-discrimination in the European Union
Non-discrimination is one of the fundamental values on which the European Union is based. Two Directives on this subject were adopted in 2000 to establish common principles for combating discrimination in the European Union. Directive 2000/78/EC is intended to put in place a general framework to ensure equal treatment of individuals in the EU, regardless of their religion or belief, disability, age or sexual orientation, as regards access to employment or occupation and membership of certain organisations. Directive 2000/43/EC is intended to implement the principle of equal treatment on grounds of racial and ethnic origin in the EU, including in employment.
Report 86. Labour dispute settlement
The settlement of labour disputes forms part of each national industrial relations system. In some countries conciliation, mediation and arbitration prevail, whereas in others the labour courts play the more important role. In most cases both dispute resolution mechanisms are used in a complementary way.
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