Development and Issues of?Beurteilungsspielraum”： Focusing on Labor Laws
Date Issued
2016
Date
2016
Author(s)
Yang, Ning-Yu
Abstract
Abstract The concept of „Beurteilungsspielraum” has been adopted by the courts in Taiwan more than ten years. In addition to Environmental Law , Medical Law , Law of Science and Technology, this concept also used in judgments of Labor Laws. Because of the independent and profession by commissions, the courts often apply the concept of Beurteilungsspielraum .But there are still some problems cause out. One is still some courts deny the application of Beurteilungsspielraum on judements relating to Labor Laws. Therefore brings out the problems of litigation uneconomic and lack of respeatation to professional committees. The other is the application of Beurteilungsspielraum is often a formality. In oder to solve these problems , this thesis clarify the courts’ criteria of judgment at first. Second, clarify the judicial review of the judgments relate to Labor Laws.Third, focus on judgments relate to Employment Discrimination Review Committee and The Board for Decision on the Unfair Labor Practices.In the end, summarize and make some suggestions to solve these problems.This thesis founded out that not only the judgments relate to Labor Laws have problems on applying Beurteilungsspielraum, but also the others. It seems that the application of Beurteilungsspielraum in Taiwan is too unceremonious. Therefore the development of Beurteilungsspielraum must be review again in the future. The thesis also founded out that because of the organizational level from committees are too low , the misunderstanding to Labor Laws and the committees lack of democratic legitimacy,the court are often in the dilemma whether to apply Beurteilungsspielraum or not.
Subjects
Labor Law
judicial review
indefinite concepts of law
administrative discretion
Employment Discrimination Review Committee
The Board for Decision on the Unfair Labor Practices
Type
thesis
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