In Pursuit of Pluralism: The Ecclesiastical Policy of the European Union

2004 ◽  
Vol 7 (34) ◽  
pp. 267-291 ◽  
Author(s):  
Julian Rivers
Keyword(s):  
European Union ◽  
Dominant Model ◽  
European Law ◽  
The European Union ◽  
Legal Requirements ◽  
Competing Interests ◽  
Legal Regimes ◽  
Religious Associations ◽  
Religious Dimensions ◽  
The Right

In the last decade, the religious dimensions and significance of the European Union have been increasingly recognised. This paper sets out the role and regulation of religious associations within European law. Although it is often assumed that European competence does not touch on matters of religion, a jurisdictional separation of ‘economics’ and ‘religion’ has been increasingly hard to sustain. European law grants various privileges and exemptions to religious bodies. However, the dominant model to emerge is one of pluralism: distinctive substantive legal regimes applicable to religious bodies, and a distinctive participatory position within the governance of the European Union. However, the paper suggests that the pursuit of pluralism has not been entirely successful National diversity in this field coupled with the sheer complexity of achieving a reasonable balance of competing interests conspire to make it remarkably elusive. What is needed is a greater recognition of the right of States to adjust European legal requirements to accommodate the legitimate needs of the religious bodies within their jurisdiction and a renewed commitment to producing workable solutions in dialogue with religious associations.

scholarly journals Algorytm jako informacja publiczna w prawie europejskim

2021 ◽  
Author(s):  
Joanna Mazur
Keyword(s):  
Decision Making ◽  
European Union ◽  
Human Rights ◽  
European Law ◽  
The European Union ◽  
Court Of Justice ◽  
European Court ◽  
Access Information ◽  
The Right ◽  
Automated Decision Making

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.

scholarly journals Limits on Limitations: The Essence of Fundamental Rights in the EU

2019 ◽  
Vol 20 (6) ◽  
pp. 779-793 ◽  
Author(s):  
Koen Lenaerts
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Present Contribution ◽  
Competing Interests ◽  
National Courts ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

AbstractThe concept of the essence of a fundamental right—set out in Article 52(1) of the Charter of Fundamental Rights of the European Union (the “Charter”)—operates as a constant reminder that our core values as Europeans are absolute. In other words, they are not up for balancing. As the seminal judgment of the Court of Justice of the European Union (the “CJEU”) in Schrems shows, where a measure imposes a limitation on the exercise of a fundamental right that is so intense and so comprehensive that it calls into question that right as such, that measure is incompatible with the Charter, as it deprives the right at issue of its essence. This is so without the need for a balancing exercise of competing interests, because a measure that compromises the very essence of a fundamental right is automatically disproportionate. Therefore, the present contribution supports the contention that in order for the concept of essence to function in a constitutionally meaningful way, both EU and national courts should apply the “respect-for-the-essence test” before undertaking a proportionality assessment.

Is German Religionsverfassungsrecht under threat from the European Union?

2020 ◽  
Vol 9 (1) ◽  
pp. 1-27
Author(s):  
Peter Unruh
Keyword(s):  
European Union ◽  
Constitutional Law ◽  
Case Law ◽  
European Law ◽  
The European Union ◽  
European Union Law ◽  
Labour Relations ◽  
Court Of Justice ◽  
Religious Associations ◽  
The Relationship

Abstract Two recent judgments of the Court of Justice of the European Union (CJEU) raise fundamental questions about the relationship between European Union Law and German religious constitutional law. This article outlines the German constitutional context for the law of labour relations within religious associations before considering those judgments in detail. The article argues that in its approach to religious occupational requirements and loyalty obligations the case law of the CJEU risks bringing about a fundamental change in German religious constitutional law. This is in breach of the terms of membership of Germany in the European Union and contrary to European law itself.

scholarly journals The right to an effective remedy in European law: significance, content and interaction

2019 ◽  
Vol 6 (3-4) ◽  
pp. 163-174
Author(s):  
Wojciech Piątek
Keyword(s):  
European Union ◽  
Legal System ◽  
General Principle ◽  
Public Authority ◽  
European Law ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Effective Remedy ◽  
The Right

Abstract One of the basic rights and a general principle of the European Union is the right to an effective remedy. In the paper is presented the basis of the right to an effective remedy derived from the first paragraph of Article 47. The right could be realized only before a tribunal which is an extraordinary public authority competent to adjudicate civil, criminal and administrative cases. The effectiveness of a remedy manifests itself in the sense of preventing the alleged violation of law or its continuation, or in providing adequate redress for any violation that had already occurred. The standard of the right to an effective remedy is fulfilled in all EU Member States differently. As an example in the paper was presented interactions between above mentioned standards and polish legal system in the area of administrative judiciary.

The Distribution of Asylum Responsibilities in the EU: Dublin, Partnerships with Third Countries and the Question of Solidarity

2019 ◽  
Vol 88 (3) ◽  
pp. 315-358
Author(s):  
Eleni Karageorgiou
Keyword(s):  
European Union ◽  
Immigration Policy ◽  
European Law ◽  
Eu Law ◽  
The European Union ◽  
Allocation Mechanism ◽  
Member States ◽  
The Right ◽  
The Eu

Because of the scale of global displacement, in particular from Syria, the European Union (EU) has stressed the need to work on an effective asylum and immigration policy through more robust forms of cooperation internally, between Member States, and externally, with third countries. This contribution investigates the extent to which the EU rules for distributing asylum responsibilities genuinely address the requirement of solidarity set out in EU law. It focuses on the Dublin system, which forms the main intra-EU responsibility allocation mechanism, and on the EU–Turkey partnership as an external mechanism. It suggests that instead of relieving countries that have disproportionate protection responsibilities and guaranteeing protection for every individual in need, such practices achieve the opposite. They ensure that overburdened countries remain the main protection providers and that the movement of refugees is strictly managed. This leads to the debasement of the right to asylum contrary to international and European law.

The Role of National Constitutional Courts in European Democracy

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
European Union ◽  
Economic Liberalization ◽  
Democratic Legitimacy ◽  
European Law ◽  
The European Union ◽  
Constitutional Courts ◽  
European Court ◽  
European Democracy ◽  
And Function

This chapter examines the role of national constitutional courts in European democracy. It first provides an overview of national constitutional courts in Europe, focusing on the requirements that they impose on national institutions and the consequences of those requirements at the treaty level—i.e., transferring national powers to the European Union and regulating how these powers are exercised; at the level of the EU’s exercise of these powers; and at the level of implementing European law within national legal systems. The chapter also discusses how the European Court of Justice’s jurisprudence enabled the European treaties to function as a constitution; the non-political mechanism of EU decisions and how it promotes economic liberalization; and how the design and function of European primary law undermine democracy. The chapter suggests that the democratic legitimacy imparted to the EU’s decisions by its citizens can only develop within the framework of the European Parliament’s powers.

scholarly journals The Rise of Right-Wing Extremism in European Union

2015 ◽  
Vol 17 (1) ◽  
pp. 43-57
Author(s):  
Ljupcho Stevkovski
Keyword(s):  
European Union ◽  
Young People ◽  
Economic Crisis ◽  
Living Standards ◽  
Radical Right ◽  
Right Wing ◽  
The European Union ◽  
Balkan Countries ◽  
The Right ◽  
Right Wing Extremism

It is a fact that in the European Union there is a strengthening of right-wing extremism, radical right movement, populism and nationalism. The consequences of the economic crisis, such as a decline in living standards, losing of jobs, rising unemployment especially among young people, undoubtedly goes in favor of strengthening the right-wing extremism. In the research, forms of manifestation will be covered of this dangerous phenomenon and response of the institutions. Western Balkan countries, as a result of right-wing extremism, are especially sensitive region on possible consequences that might occur, since there are several unresolved political problems, which can very easily turn into a new cycle of conflicts, if European integration processes get delayed indefinitely.

Religion and EU Institutions

2013 ◽  
Vol 15 (3) ◽  
pp. 326-331 ◽  
Author(s):  
Pasquale Annicchino
Keyword(s):  
European Union ◽  
European Commission ◽  
The European Union ◽  
Religious Groups ◽  
European Institutions ◽  
Religious Associations ◽  
Dialogue Seminar

The implementation of Article 17(3) of the Treaty on the Functioning of the European Union (TFEU) has always been one of the central topics of discussion for legal scholars analysing the relationships between religious groups and European institutions. According to Article 17, the European Union shall maintain an open, transparent and regular dialogue with churches, religious associations or communities, philosophical organisations and non-confessional organisations. In the case in hand, the complainant, the European Humanist Federation (EHF) decided to lodge a complaint before the European Ombudsman when the European Commission rejected the proposal for a dialogue seminar.

Jungtinių Tautų ir Europos Sąjungos tikslinės finansinės ribojamosios priemonės: poreikis užtikrinti teisę į teisingą procesą

2021 ◽  
Author(s):  
◽  
Viltė Kristina Steponėnaitė
Keyword(s):  
European Union ◽  
United Nations ◽  
Fair Trial ◽  
The European Union ◽  
The United Nations ◽  
The Right ◽  
Restrictive Measures

Targeted financial restrictive measures of the United Nations and the European Union: necessity to ensure the right to a fair trial

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