scholarly journals Constitutional Identity and Integration: EU Citizenship and the Emergence of a Supranational Alienage Law

2017 ◽  
Vol 18 (7) ◽  
pp. 1797-1822 ◽  
Author(s):  
Sara Iglesias Sánchez
Keyword(s):  
Equal Treatment ◽  
Immigration Law ◽  
The Status ◽  
Treatment Principle ◽  
Legal Difficulties ◽  
Constitutional Identity ◽  
Point Of Reference ◽  
The Eu

This Article examines some central questions concerning the status of EU foreigners—non-EU nationals legally residing in the EU. First, it addresses the peculiarities of the status of EU citizens and the special nature of EU immigration law as the basis for the construction of an EU alienage law. Second, it examines whether and to what extent the emergence of a supranational immigration and alienage law—with a focus on integration—interacts with the broader debate on European and national constitutional identity. Third, the Article analyzes the legal difficulties for the application of the equal treatment principle between EU citizens and EU foreigners taking as a point of reference the different roles of restrictions and conditions based on the notion of integration.

What’s in a Name? Equal Treatment, Union Citizens and National Rules on Names and Titles

ICL Journal ◽  
2017 ◽  
Vol 11 (4) ◽  
Author(s):  
Ágoston Mohay ◽  
Norbert Tóth
Keyword(s):  
European Union ◽  
Free Movement ◽  
Equal Treatment ◽  
Eu Law ◽  
European Union Law ◽  
Court Of Justice ◽  
Union Citizenship ◽  
Constitutional Identity ◽  
The Eu ◽  
Relevant Judgment

AbstractThe construction of names and the use of nobility titles is not regulated by European Union law. Yet the Court of Justice of the EU has had to deal with such issues on various occasions where national rules on names or titles had to be contrasted with the EU law on equal treatment, Union citizenship and free movement and residence. Rules on names fall essentially within the competence of the member states, but the states have to regard EU law when exercising this competence. Our paper undertakes to analyse this issue in light of a recent relevant judgment, the Bogendorff von Wolffersdorff case, having regard also to the Court’s reasoning regarding the national constitutional identity clause [Art 4 (2)TEU]. We argue – inter alia – that the Court of Justice decided in this judgment not to favour the rights of a free-moving EU citizen (even if the judgment admittedly affects only a limited circle of individuals) and put national constitutional identity first, yet the way in which the identity clause was used by the Court is also debatable in our view.

scholarly journals Nostalgic Constitutional Identity

2020 ◽  
pp. 95-106 ◽  
Author(s):  
Michał Stambulski
Keyword(s):  
Collective Memory ◽  
Social Theory ◽  
Defence Mechanisms ◽  
The Past ◽  
Social Emotion ◽  
Temporal Structures ◽  
Communist Countries ◽  
Constitutional Identity ◽  
Point Of Reference ◽  
The Eu

The paper deals with the link between the notions of constitutional identity and nostalgic collective memory. Starting from the notion of nostalgia of postmodern society as used in social theory, it shows that this cultural condition is reflected in in constitutions. The point of reference for contemporary political projects is no longer the future but the past. Longing for a lost homeland becomes a dominant social emotion. The author shows that this vision of the past is present in constitutions, especially in post-communist countries. It influences constitutional identity and, due to different temporal structures, is in conflict with the constitutional identity of the EU. The article ends with an analysis of the consequences of such a politics of nostalgia and the possible defence mechanisms against it.

scholarly journals The Labyrinth of Employment and Social Rights in the EU Intra-Corporate Transfer Directive

2020 ◽  
pp. 203195252096736
Author(s):  
Herwig Verschueren
Keyword(s):  
Social Security ◽  
Migrant Worker ◽  
Migration Policy ◽  
Equal Treatment ◽  
Temporary Workers ◽  
Member States ◽  
The Status ◽  
The Right ◽  
Rome I ◽  
The Eu

Directive 2014/66/EU on Intra-Corporate Transfer regulates the temporary secondment of key personnel and trainees from third countries to the Member States of the EU. It is part of the EU external labour migration policy and aims at facilitating this policy by setting up harmonised conditions for admission, residence and work of these migrants, including the right to move and work in another Member State. This article analyses the role and meaning of the provisions in this Directive relating to the employment and social security rights of intra-corporate transferees. They are the result of cumbersome negotiations and the compromises that were reached are ambiguously and inconsistently formulated. First, this article will highlight the relevance of the worker’s employment position for determining the scope of this Directive. Next, it will analyse the role of employment and social security rights in the implementation of the Directive by the Member States. These rights are relevant as criteria for admission, as grounds for rejection of an application, as grounds for withdrawal or non-renewal of an ICT permit and as conditions for short-term and long-term mobility within the EU. Subsequently, this article will scrutinise, in detail, the provisions of Article 18 of the Directive which guarantee equal treatment with the nationals of the host State in respect of employment and social security rights. Special attention will be paid to the interrelationship of this Directive with other EU legal instruments such as the Posting of Workers Directive, the Rome I Regulation and social security Regulation 883/2004. It concludes that the complicated and contradictorily worded provisions on employment and social security rights in this Directive reflect the ambiguity in the perception of the status of this type of migrant worker coming from a third country: are they to be considered as temporary workers or do they really participate in the labour market of the host Member States?

Provisions Common to the Right of Residence and the Right of Permanent Residence

2019 ◽  
pp. 229-252
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Economic Activity ◽  
Family Members ◽  
Free Movement ◽  
Equal Treatment ◽  
Permanent Residence ◽  
The Status ◽  
Free Movement Of Workers ◽  
The Right ◽  
Treatment Rules ◽  
The Eu

This chapter addresses Chapter V of the citizens’ Directive, which sets out a number of overarching provisions that apply both to the right of residence and the right of permanent residence. The Articles in Chapter V define the territorial scope of residence rights (Article 22) and confirm the entitlement of family members of EU citizens who move within the EU to engage in economic activity (Article 23). Further provisions elaborate on the application of the principle of equal treatment to migrant Union citizens and their family members (Article 24) and clarify the status of residence documents issued by national authorities (Article 25). Chapter V also regulates the entitlement of Member States to carry out checks on non-nationals (Article 26). Chief among these provisions is the principle of equality, which also overlaps with equal treatment rules in legislation governing the free movement of workers and the Treaty rules on equal treatment in relation to EU citizenship.

Bariery w przepływie pracowników na rynku wewnętrznym – stary problem w nowych odsłonach

2016 ◽  
Vol 14 (4 (1)) ◽  
pp. 39-54
Author(s):  
Robert Grzeszczak
Keyword(s):  
Equal Treatment ◽  
The European Union ◽  
Integration Process ◽  
Labour Law ◽  
Member States ◽  
Political Criticism ◽  
Eu Policies ◽  
The Will ◽  
Free Movement Of Persons ◽  
The Eu

The issue of re-nationalization (disintegration and fragmentation) of integration process is manifested by the will of some of the Member States to verify their relations with the European Union. In the age of an economic crisis of the EU and in relation to the large migration of the population, there has emerged strong social and political criticism, on the European level, of the integration process, with some Member States even consideringtheir withdrawal from the EU. In those States, demands forextending the Member States’ competences in the field of some EU policies are becoming more and more popular. The legal effects of the above-mentioned processes are visible in the free movements of the internal market, mainly within the free movement of persons. Therefore, there are problems, such as increased social dumping process, the need to retain the output of the European labour law, the issue of the so-called social tourism, erosion of the meaning of the EU citizenship and the principle of equal treatment.

In or Out?

2018 ◽  
Author(s):  
Catherine E. De Vries
Keyword(s):  
Public Opinion ◽  
Status Quo ◽  
Data Sources ◽  
Fine Grained ◽  
Alternative State ◽  
Empirical Measurement ◽  
The Status ◽  
People’S Attitudes ◽  
Over Time ◽  
The Eu

This chapter introduces a benchmark theory of public opinion towards European integration. Rather than relying on generic labels like support or scepticism, the chapter suggests that public opinion towards the EU is both multidimensional and multilevel in nature. People’s attitudes towards Europe are essentially based on a comparison between the benefits of the status quo of membership and those associated with an alternative state, namely one’s country being outside the EU. This comparison is coined the ‘EU differential’. When comparing these benefits, people rely on both their evaluations of the outcomes (policy evaluations) and the system that produces them (regime evaluations). This chapter presents a fine-grained conceptualization of what it means to be an EU supporter or Eurosceptic; it also designs a careful empirical measurement strategy to capture variation, both cross-nationally and over time. The chapter cross-validates these measures against a variety of existing and newly developed data sources.

The Constitutional Identity of European Micro States and the Continental Integration Mechanisms. The Influence of the Diminutive Size

ICL Journal ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 133-165
Author(s):  
Elisa Bertolini
Keyword(s):  
Foreign Relations ◽  
Council Of Europe ◽  
Continental Scale ◽  
National Tradition ◽  
Relevant Role ◽  
Integration Mechanisms ◽  
Traditional Institutions ◽  
The Impact ◽  
Constitutional Identity ◽  
The Eu

AbstractThe article analyses the impact that the diminutive size of the four continental Europe micro states has upon their constitutional arrangements and their approach toward continental integration mechanisms. Generally speaking, the international commitment toward integration mechanisms is one of the distinguishing traits of micro states. It may seem a paradox, but actually the international dimension is much more strategic for micro than for macro states. However, being micro territorial enclaves demanded certain ability from the part of European micro states when managing foreign relations in order not to be swallowed by their macro neighbours. Therefore, they carried out for centuries a cautious policy of ‘guarded openness’, trying to strike a balance between the maintenance of their traditional institutions and the need to interact on a continental scale. Constitutional systems that at a first glance are unusual may be an obstacle to integration and thus have to be reformed. However, not too much, because otherwise the whole system may implode if deprived of its original constitutional balance. The protection of national tradition and identity is conservative, in the sense that it arises from the necessity of self-preservation, rather than from ideology. The article claims that the ambivalent approach of continental Europe micro states have when interacting with macro states within the Council of Europe and the EU directly derives from their diminutive size. Furthermore, the relevant role played by the diminutive size is proved by the fact that recently the EU adopted a specific micro states approach. Hence, the article also aims at investigating how they try to strike a balance between the commitment toward self-preservation – ie their constitutional identity – and the commitment toward continental integration mechanisms.

Regulating Proxy Advisors Through Transparency: Pros and Cons of the EU Approach

2017 ◽  
Vol 14 (1) ◽  
pp. 1-36 ◽  
Author(s):  
Gaia Balp
Keyword(s):  
Status Quo ◽  
Legislative Process ◽  
European Regulation ◽  
The Us ◽  
The Status ◽  
Pros And Cons ◽  
Proxy Advisors ◽  
Legal Constraints ◽  
The Eu

This article outlines potential pros and cons of a future European regulation of proxy advisory firms, as set forth in the Commission’s Proposal for a Directive amending Directive 2007/36/EC. After summarizing criticisms concerning the proxy advisory industry, and findings regarding its de facto influence on investors’ voting conduct both in the US and in the European context, the article adverts to why the power of proxy advisors appears to be overestimated. Uncertainty on the status quo of the industry’s actual impact on key decisions in listed companies, as well as costs associated with a regulation, need to be considered for assessing the suitability of the rules drafted to ensure adequate levels of independence and quality of voting recommendations. While transparency rules may be preferred to stricter legal constraints or requirements in a first stage, possible shortcomings of the Draft Directive exist that may undermine its effectiveness. Analyzing the amendments to the Proposal adopted by the European Parliament, and the Council’s Presidency compromise text, may suggest a preferable approach as regards single rules still making their way through the European legislative process.

L'azione dell'Unione europea contro le discriminazioni basate sulla religione: l'impatto della giurisprudenza della Corte europea dei diritti umani

2012 ◽  
pp. 475-511
Author(s):  
Federico Casolari
Keyword(s):  
Human Rights ◽  
General Framework ◽  
Case Law ◽  
Legal Order ◽  
Equal Treatment ◽  
Freedom Of Religion ◽  
Eu Law ◽  
The Right ◽  
The Impact ◽  
The Eu

Law Although EU law has established a general framework concerning the fight against discriminations on the grounds of religion (namely as far as equal treatment in employment and occupation is concerned), the related ECJ case law is not very rich. This article tracks and evaluates the impact of the ECHR case law devoted to the freedom of religion on the interpretation and application of EU law concerning religion discriminations. It argues that the ECHR case law may contribute to identify the notion of ‘religion' which is relevant for EU law, while several arguments may be put forward against the application of the Strasbourg approach to the balancing between the right to quality based on religion and others human rights into the EU legal order.

Court of Justice Upholds the Tobacco Products Directive 2014

2016 ◽  
Vol 7 (3) ◽  
pp. 623-628
Author(s):  
Katharina Ó Cathaoir
Keyword(s):  
Electronic Cigarettes ◽  
Equal Treatment ◽  
Legal Basis ◽  
Tobacco Products ◽  
Free Competition ◽  
Court Of Justice ◽  
Secretary Of State ◽  
Charter Member ◽  
Philip Morris ◽  
The Eu

C-547/14 Philip Morris Brands SARL and Others v Secretary of State for Health [2016] (not yet reported)C-477/14 Pillbox 38 (UK) Ltd v Secretary of State for Health [2016] (not yet reported)C-358/14 Poland v. Parliament and Council [2016] (not yet reported)Article 114 TFEU provides an adequate legal basis for the adoption of the Tobacco Products Directive 2014 in full, including measures relating to flavoured tobacco, labelling and packaging, and electronic cigarettes. These measures also comply with the principles of proportionality, subsidiarity, legal certainty, equal treatment and free competition, and the rights of companies under the EU Charter. Member States may introduce further requirements in relation to packaging of tobacco products that are not harmonised by the Directive.

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