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Ph.D.-projects 

Legal Studies in Welfare and EU Market Integration (WELMA): Ph.d.-projects winter 2012

Posting of Workers - a Challenge to Labour Law.

Contact: Professor Jens Kristiansen jens.kristiansen@jur.ku.dk

The main aim of the project is to examine the interaction between the Danish labour law model and the right to provide services within the internal market of the European Union. The case-law from the European Court of Justice has given rise to several new initiatives in Denmark, including new legislation on the right to industrial action against service providers from other member states and new rules in collective agreements on prevention of social dumping. The project will examine the ongoing development in the legal regime of posting of workers in a Danish-European perspective. 

Citizen's Right to Good Administration

Contact: Professor, Michael Gøtze michael.gotze@jur.ku.dk

The legally binding EU Charter transforms the citizen's right to good administration into a fundamental right within the EU. In addition, the citizen's right to good administration is an umbrella term covering a number of administrative law requirements that must be complied with by public authorities when dealing with for instance the citizen's welfare rights. On this backdrop, the research project can be defined in various ways. A possible research theme is the protection of the European Convention on Human Rights within significant areas such as health care and social welfare. 

Children and Welfare Rights.

Contact: Assosiate professor Stine Jorgensen stine.jorgensen@jur.ku.dk

Children and young people are legally defined as a special group. The right to protection traditionally has a strong position i the legal regulation of children's welfare rights. Accordingly children very often find themselves in a patriarchal legal structure. The right to autonomy and self determination are fundamental legal principles. These principles could be the starting point for analysing children's welfare rights. Children's right to a basic education, healthy upbringing and a right to maintenance could be dimensions in the legal analysis.

Taxation and Welfare

Contact: Professor Jacob Graff Nielsen jacob@jur.ku.dk

The Danish welfare society is to a great extent based on two fundamental foundation stones: The right to welfare benefits and tax liability. Welfare benefits are as a rule tax financed, but there is a need for research in the interconnection between the legal models of taxation and  welfare. The internal market in EU challenges the national rationale behind taxation and entitlement to welfare benefits. The purpose of this PhD-project is to conduct an interdisciplinary and critical analysis of relevant common legal principles within the area of taxation and welfare law. One theme could be an analysis of tax liability and right to welfare benefits for cross border employees. But also other topics which contribute to problematise national criterias for tax liability and entitlement are welcome.

Access to Justice

Contact: Professor Kirsten Ketscher kirsten.ketscher@jur.ku.dk

Enforcement of rights, money as well as care rights, is a pivotal base for the individual's legal position in welfare law. Efficient access to justice is an integral part of e.g. EU-based social rights, The Danish social tribunals are important but also the Equal Treatment Tribunal has a growing impact. The interrelation between procedural and substantive rights is one dimension. Another dimension for analysis is possible sanctions as compensation, tort, penal measures. The project must be based in Danish social security analysing one or more benefits related to e.g. sickness, employment, age. Another starting point for analysis could be a certain group of people e.g. handicapped persons, elderly persons, immigrants etc.

Right to Know - Right to information .

Contact: Professor, Michael Gøtze michael.gotze@jur.ku.dk

Knowledge of the existence and basic content of her/his rights is a prerequiste for the protection of the citizen's rights. As a result of widespread digital communication and the proliferation of specific information rights in various regulatory areas the "right to know" and the right to information is an evolving legal concept. In particular, the citizen's right to effective and proactive information on the basis of EU law such as secondary EU legislation is a central part of the research project which apart from that can be defined in various ways. The project welcomes interdisciplinary aspects.