scholarly journals Can We Make the European Fundamental Freedoms Less Constraining? A Literature Review

2020 ◽  
pp. 1-23
Author(s):  
Martin HÖPNER ◽  
Susanne K. SCHMIDT
Keyword(s):  
Judicial System ◽  
Common Market ◽  
Social Rights ◽  
Institutional Reforms ◽  
International Treaty ◽  
Fundamental Freedoms ◽  
Market Rules ◽  
Treaty Of Rome ◽  
The Common ◽  
The Given

Abstract This article reviews the legal and political science literatures on the extensive interpretation of the European fundamental freedoms and on possible ways out. The common market rules were originally laid down in an international treaty, the Treaty of Rome. In functional terms, this treaty became a de facto constitution, implying that its content, including the fundamental freedoms, were constitutionalised. We review how this constitutionalisation constrains legislators at the Member State and European levels. In order to identify possible ways out, we also review several reform options: institutional reforms of the European judicial system; the de-constitutionalisation of the fundamental freedoms; counterbalancing these freedoms with further strengthened social rights; and contestation of over-constitutionalisation within the given primary law framework. We conclude that reform options are available that could gradually free the legislators from the over-constitutionalisation of the common market rules. Such options should become part of the ‘Conference on the Future of Europe’ process and debates about EU reforms in general, as more flexibility is warranted in a heterogeneous EU.

Salazar, London and the Process of European Integration up until the Signing of the Treaty of Rome

2018 ◽  
pp. 265-293
Author(s):  
António Lopes
Keyword(s):  
European Integration ◽  
Free Trade Area ◽  
Common Market ◽  
The Political ◽  
Customs Union ◽  
Economic Potential ◽  
The Third ◽  
Trade Area ◽  
Treaty Of Rome ◽  
The Common

This article aims to shed some light on the political and ideological agendas of both London and Lisbon during the process leading up to the signing of the Treaty of Rome, on 25 March 1957. It focuses on four main questions. The frst one is on how the colonial issue still influenced their attitudes towards the process of European integration. The second one explores how the risks of isolation conditioned their understanding of the commercial and economic potential of a European common market. The third question addresses their inability to identify themselves with the principles and values of the European project. The fourth one seeks to ascertain the views exchanged between the British and Portuguese governments on issues such as the customs union, the common market and the free trade area.

Coordination of Policy in the EEC

1974 ◽  
Vol 69 ◽  
pp. 47-57
Author(s):  
Margaret J. Broadbent
Keyword(s):  
Common Market ◽  
Economic Policies ◽  
Economic Activities ◽  
Investment Bank ◽  
Common Basis ◽  
European Social Fund ◽  
Social Fund ◽  
Treaty Of Rome ◽  
The Common ◽  
European Investment

The most notable and best publicised achievements of the European Economic Community (EEC) have been in liberalising trade between its member countries. But apart from setting up the ‘common market’ from which it derives its popular name, the Treaty of Rome gave the Community the duty ‘to promote …. an harmonious development of economic activities, a continuous and balanced expansion, an increase in stability, an accelerated raising of the standard of living and closer relations between the Member States belonging to it’. In addition to the elimination of barriers to the passage of goods between members and the establishment of a common agricultural policy and a common basis of trade with the outside world, the Treaty provided specifically for freedom of movement for persons, services and capital, a common transport policy, a system ensuring that competition should not be distorted, procedures for coordinating economic policies and remedying balance of payments disequilibria, the approximation of laws to the extent required for proper functioning of the common market, and a European Social Fund and European Investment Bank.

European Communities

1960 ◽  
Vol 14 (3) ◽  
pp. 480-483
Keyword(s):  
Steel Production ◽  
Foreign Affairs ◽  
Common Market ◽  
Third Party ◽  
The West ◽  
The Press ◽  
Liberal Group ◽  
Soviet Trade ◽  
Treaty Of Rome ◽  
The Common

The press reported that the European Parliamentary Assembly, meeting on March 28–April 1, 1960, began its session with the election of Prof. Hans Furler, head of the Foreign Affairs Committee of the West German Bundestag, to the presidency, succeeding Robert Schuman of France. The voting reflected party alignment that ignored the nationalities of the members, Dr. Furler, candidate of the Democratic Christian group, having defeated Gaetano Martino of Italy, candidate of the Liberal group. The Socialists, the third party in the Parliament, had not presented a candidate. Prior to a debate on economic policy, Dr. Furler took the rostrum to thank Mr. Schuman for his efforts on behalf of the European Communities, as it was he who had started the six-nation federation with his proposal for the combination of French and West German coal and steel production. Dr. Furler then asked the Parliament to establish the common market at a faster pace than that specified in the 1957 Treaty of Rome, which had brought the market into existence. In this he was aided by Walter Hallstein, president of the Administrative Commission of the European Economic Community (EEC), who explained the proposals for acceleration of the common market and urged their support as a defense against any Soviet trade war against the West. The proposals centered around a 30-percent reduction in the internal customs of the six member states by July 1, 1960, as well as a start toward the establishment of a common exterior tariff. The members had reservations against the plan, but expressed general support for it in a resolution which received near-unanimous approval (the exceptions being one negative vote and two abstentions).

THE EU SUGAR MARKET PROFILE AND ITS MAIN DRIVERS

2015 ◽  
Author(s):  
Lubos SMUTKA ◽  
Irena BENEŠOVÁ ◽  
Patrik ROVNÝ ◽  
Renata MATYSIK-PEJAS
Keyword(s):  
Market Failure ◽  
Current System ◽  
Quota System ◽  
Considerable Debate ◽  
Sugar Market ◽  
The Common ◽  
The One ◽  
Production Capacities ◽  
The Given ◽  
The Eu

Sugar is one of the most important elements in human nutrition. The Common Market Organisation for sugar has been a subject of considerable debate since its establishment in 1968. The European agricultural market has been criticized for its heavy regulations and subsidization. The sugar market is one of the most regulated ones; however, this will change radically in 2017 when the current system of production quotas will end. The current EU sugar market changed is structure during the last several decades. The significant number of companies left the market and EU internal sugar market became more concentrated. The aim of this paper is presentation characteristics of sugar market with respect to the supposed market failure – reduction in competition. The analysis also identifies the main drivers and determinants of the EU especially quota sugar market. In relation to paper’s aim the following results are important. The present conditions of the European sugar market have led to market failure when nearly 75 % (10 million tonnes) of the quota is controlled by five multinational companies only. These multinational alliances (especially German and French one) are also taking control over the production capacities of their subsidiaries. In most countries, this causes serious problems as the given quota is controlled by one or two producers only. This is a significant indicator of market imperfection. The quota system cannot overcome the problem of production quotas on the one hand and the demand on the other; furthermore, it also leads to economic inefficiency. The current EU sugar market is under the control of only Sudzucker, Nordzucker, Pfeifer and Langen, Tereos and ABF.

El patriacado y la estructura social de la vida cotidiana

1970 ◽  
Author(s):  
Marta Postigo Asenjo
Keyword(s):  
Labor Market ◽  
Public Sphere ◽  
Civic Education ◽  
Common Knowledge ◽  
Judicial System ◽  
The Public ◽  
El Sistema ◽  
The Common ◽  
The Public Sphere ◽  
Ways Of Life

RESUMENEl sistema patriarcal no afecta exclusivamente al poder político y judicial, sino que afecta a la estructura interna de la sociedad, la identidad y las formas de vida de los individuos que en ella viven. Para comprender mejor como condiciona el sistema patriarcal las formas de vida y la visión que tienen los individuos de la realidad social, hemos de analizar el modo en que se extiende al orden institucional y lo determina mediante "tipificaciones" de hechos y de personas y mediante roles concretos, esteoreotipaciones sexiuales que obstaculizan el acceso a la esfera pública de la mujer, así como su reinserción en el mercado laboral, en suma, todo aquello que afecta al conocimiento común que comparten los miembros de una comunidad. El cambio hacia una mayor igualdad y una real democracia paritaria y compartida no es posible sin una paulatina educación y concienciación de la sociedad en su conjunto.PALABRAS CLAVEPATRIARCADO-TIPIFICACIÓN SOCIAL-IGUALDAD DE GÉNEROABSTRACTPatriarchalism is not only present in politics and the judicial system. It also affects the internal structure of society, above all the life and identitý of individuals. To understand better how it conditions their ways of life and the vision the individuals have of social reality, we should study how patriarchalism r3eaches the system of institutions and how this becomes determined by "typifications" of facts and people, and by certain roles or sexual stereotypes that hinder the access of women both to the public sphere and to tha labor market. It sum, everything that concerns the common knowledge that the members of a community share. The move towards more equality and towards a more egalitarian democracy heavily depends on the spread of civic education to the entire society.KEYWORDSPATRIARCHALISM-SOCIAL TYPIFICATION-GENDER EQUALITY

The Still Life of Objects – Heidegger, Schapiro, and Derrida reconsidered

2015 ◽  
Vol 60 (1) ◽  
pp. 81-102
Author(s):  
KErstin Thomas
Keyword(s):  
Still Life ◽  
Work Of Art ◽  
Concrete Material ◽  
Vincent Van Gogh ◽  
Starting Point ◽  
Specific Object ◽  
Truth Claims ◽  
The Common ◽  
Critical Intervention ◽  
The Given

Kerstin Thomas revaluates the famous dispute between Martin Heidegger, Meyer Schapiro, and Jacques Derrida, concerning a painting of shoes by Vincent Van Gogh. The starting point for this dispute was the description and analysis of things and artworks developed in his essay, “The Origin of the Work of Art”. In discussing Heidegger’s account, the art historian Meyer Schapiro’s main point of critique concerned Heidegger’s claim that the artwork reveals the truth of equipment in depicting shoes of a peasant woman and thereby showing her world. Schapiro sees a striking paradox in Heidegger’s claim for truth, based on a specific object in a specific artwork while at the same time following a rather metaphysical idea of the artwork. Kerstin Thomas proposes an interpretation, which exceeds the common confrontation of philosophy versus art history by focussing on the respective notion of facticity at stake in the theoretical accounts of both thinkers. Schapiro accuses Heidegger of a lack of concreteness, which he sees as the basis for every truth claim on objects. Thomas understands Schapiro’s objections as motivated by this demand for a facticity, which not only includes the work of art, but also investigator in his concrete historical perspective. Truth claims under such conditions of facticity are always relative to historical knowledge, and open to critical intervention and therefore necessarily contingent. Following Thomas, Schapiro’s critique shows that despite his intention of giving the work of art back its autonomy, Heidegger could be accused of achieving quite the opposite: through the abstraction of the concrete, the factual, and the given to the type, he actually sets the self and the realm of knowledge of the creator as absolute and not the object of his knowledge. Instead, she argues for a revaluation of Schapiro’s position with recognition of the arbitrariness of the artwork, by introducing the notion of factuality as formulated by Quentin Meillassoux. Understood as exchange between artist and object in its concrete material quality as well as with the beholder, the truth of painting could only be shown as radically contingent. Thomas argues that the critical intervention of Derrida who discusses both positions anew is exactly motivated by a recognition of the contingent character of object, artwork and interpretation. His deconstructive analysis can be understood as recognition of the dynamic character of things and hence this could be shown with Meillassoux to be exactly its character of facticity – or factuality.

Council of Europe

2018 ◽  
Author(s):  
Oliver Lewis
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Social Rights ◽  
Council Of Europe ◽  
Persons With Disabilities ◽  
European Committee ◽  
European Court ◽  
Human Rights Treaties ◽  
Fundamental Freedoms ◽  
Two Bodies

This chapter presents an overview of the adjudicative bodies of the Council of Europe—namely, the European Court of Human Rights (established by the European Convention on Human Rights and Fundamental Freedoms (ECHR)) and the European Committee of Social Rights—and outlines their mandates with regard to integrating UN human rights treaties. It analyses how these two bodies have cited the Convention on the Rights of Persons with Disabilities (CRPD). The dataset was forty-five cases dealt with by the Court and two collective complaints decided by the Committee that cite the CRPD up to 2016. Notwithstanding the relatively small size of the dataset, the conclusions are that the Council of Europe system has yet to engage seriously in the CRPD’s jurisprudential opportunities. The reasons for this cannot be ascertained from a desk-based methodology, and further research is required.

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