Reflexive Governance in EU Equality Law

2021 ◽  
Author(s):  
Emma Lantschner
Keyword(s):  
Opportunity To Learn ◽  
Learning Processes ◽  
Equal Treatment ◽  
Member States ◽  
New Member States ◽  
Eu Member States ◽  
Comparative Review ◽  
The Right ◽  
Employment Equality ◽  
The Eu

The Covid pandemic has revealed how far we, as a European society, still are from the proclaimed Union of Equality. This book explores how the promise of equal treatment can become a reality and compliance with the EU acquis relating to equality and non-discrimination be improved. It studies enforcement and promotion aspects of the two watershed Directives of 2000, the Racial Equality Directive 2000/43/EC and the Employment Equality Directive 2000/78/EC, through the lens of reflexive governance. This governance approach is proposed as having a great potential in enhancing the likelihood of sustainability (or continuation) of reforms in the current candidate countries and EU Member States through its emphasis on reflexive learning processes and the cooperation between EU institutions, national authorities, and civil society actors. In order to deploy this potential, there is, however, a need for more consistent and transparent monitoring, both with regard to candidate countries as well as old and new Member States, and a reconsideration of the understanding of monitoring as such. It should be seen as helping to deconstruct own-preference formations and as an opportunity to learn from successes and failures in a cooperative and recursive process. To work on these lacunae and improve learning and monitoring processes, this book identifies indicators that are deduced from the comparative review of the implementation practice of the Member States. It is thus a contribution to the existing literature in the fields of Europeanization, governance studies, and the right to equality and non-discrimination.

scholarly journals The right to choose health insurer: A comparative review of the EU Member States’ experiences

2018 ◽  
Vol 68 (2) ◽  
Author(s):  
Alexander Popov ◽  
Kristian Kaludov ◽  
Mehnur Salieva ◽  
Antoniya Dimova
Keyword(s):  
Health Insurer ◽  
Member States ◽  
Eu Member States ◽  
Comparative Review ◽  
The Right ◽  
The Eu

Calls of Duty: Romanian Politicians’ Deontological Discursive Strategies for Securing Free Movement in the European Union

2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski
Keyword(s):  
European Union ◽  
Free Movement ◽  
The European Union ◽  
Member States ◽  
Prime Ministers ◽  
Discursive Strategies ◽  
Eu Member States ◽  
Different Types ◽  
The Right ◽  
The Eu

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.

scholarly journals Analysis Of Bankruptcy Law Provisions In New Member EU Countries: Global Competitive Strategy Implications For Multinational Corporations

2011 ◽  
Vol 3 (9) ◽  
Author(s):  
F. J. Brewerton ◽  
Jane LeMaster
Keyword(s):  
Multinational Corporations ◽  
Economic Integration ◽  
Multinational Corporation ◽  
Economic Benefits ◽  
Bankruptcy Law ◽  
Member States ◽  
New Member States ◽  
Eu Member States ◽  
New Eu Member States ◽  
The Eu

Globalization has been responsible for a number of ongoing interrelated trends including an accelerated worldwide movement toward economic integration, an ongoing proliferation of new multinational corporations, a widening search for new economic opportunities by multinational corporations, and an increasing concern for and attention to bankruptcy as a contingency strategy for multinational corporations when primary strategies catastrophically fail. The economic benefits associated with the removal of trade barriers is also attracting new member countries to the EU and other trading blocks but these new member countries bankruptcy law provisions may have uncertain contingency strategy implications for MNCs.This paper comprises (1) a brief summary of the general trends associated with globalization; (2) a discussion of why international bankruptcy law is becoming increasingly important in the formulation of contingency strategy in multinational corporations; (3) a discussion and analysis of bankruptcy law provisions in new EU member states; (4) a discussion of the strategic implications associated with new member states bankruptcy laws; and (5) general conclusions regarding the attractiveness of new member states bankruptcy laws to multinational corporation strategists.

scholarly journals New EU member states’ emigration: Projections for future and lessons for the new EU candidates

2020 ◽  
Vol 23 (2) ◽  
pp. 129-140
Author(s):  
Iva Vuksanović Herceg ◽  
Tomislav Herceg ◽  
Lorena Škuflić
Keyword(s):  
Birth Rate ◽  
Gdp Per Capita ◽  
Member States ◽  
New Member States ◽  
Eu Member States ◽  
Percentage Points ◽  
Level Of Economic Development ◽  
Per Capita ◽  
New Eu Member States ◽  
The Eu

AbstractUnlike the old member states that compensate the negative net birth rate with immigration, the new EU member states face both migrational and natural demographic decline. In the last decade, poor level of economic development as well as the accession to the EU encouraged net emigration from the new member states. Panel data for the 12 new member states for the 2007 - 2016 period were used to determine how the length of membership and GDP per capita trailing behind the EU average affect the proportion of the net emigration. It has been shown that on average a country has to reach at least 85 percent of the average EU GDP p.c. (measured in PPS) to prevent emigration, but this level increases with each year of membership by 1.37 percentage points.

scholarly journals Strengthening Judicial Cooperation in Civil Matters Between the EU and Neighboring Countries: The Example of Ukraine and the Baltic States

2019 ◽  
Vol 12 (2) ◽  
pp. 115-133
Author(s):  
Iryna Izarova
Keyword(s):  
Geographical Location ◽  
Baltic States ◽  
Judicial Cooperation ◽  
Member States ◽  
Association Agreement ◽  
Eu Member States ◽  
Bilateral Relations ◽  
The Baltic ◽  
The Right ◽  
The Eu

Abstract Judicial cooperation between EU Member-States and Ukraine is still at a basic level. The EU-Ukraine Association Agreement does not prove an appropriate approach, and their relations are regulated mostly with the bilateral agreements. The Baltic states and Ukraine, which are the focus of this research, are deeply engaged by their close geographical location, common historical issues and friendly relations, and seek further development of their relations. This should be accompanied by mutual judiciary trust and therefore by the corresponding evolution of bilateral relations proper to this trust. The following types of judicial cooperation in civil matters were chosen as objects of this research: recognition of Baltic States’ courts’ judgments in Ukraine, as well as service of documents and taking of evidence in Ukraine. The conclusions consist of several proposals related to deeper judicial cooperation between Member-States and third countries, illustrated by the example of the Baltic States and Ukraine, in light of the right to fair trial and mutual trust in the judiciary.

scholarly journals EU Refugee Resettlement: Key Challenges of Expanding the Practice into New Member States

2016 ◽  
Vol 9 (1) ◽  
pp. 93-123 ◽  
Author(s):  
Lyra Jakulevičienė ◽  
Mantas Bileišis
Keyword(s):  
Sustainable Use ◽  
Burden Sharing ◽  
Refugee Resettlement ◽  
Legal Environment ◽  
Member States ◽  
New Member States ◽  
Eu Member States ◽  
Resettlement Programs ◽  
The Eu

Abstract Refugee resettlement is not new to EU member states. But the EU only accounts for about 10 percent of resettlements globally. Before the 2015 European Council decisions to relocate about 160,000 persons from Italy and Greece only half of EU Member States participated in resettlement programs. Relocation of refugees has emerged as a new form of resettlement as an EU reaction to the growing refugee influx. It is likely to become a permanent part of Common European Asylum Policy. The refugee emergency has intensified discussions about the application of the solidarity principle to pressure member states not yet engaged in relocation to contribute to the joint efforts of the EU. But this has created serious political controversy in many of the new (eastern) member states. The article outlines key elements of refugee resettlement and relocation that have recently emerged in the EU and discusses the prerequisites for the sustainable use of this tool in an unfavorable political and unclear legal environment, with particular focus on new member states. The main goal of the article is to identify factors that need to be considered for the design of sustainable resettlement and relocation programs, considering the aspects of political salience, legal conditions, burden-sharing, and member states’ capacity. The case study of Lithuania presented in this article suggests that such programs need to be carefully considered and adequately funded as there are ample pitfalls which can quickly discredit the idea among the citizens.

scholarly journals R&D expenditure and thematic orientation of European investment in selected new EU member states / Výdaje na výzkum a vývoj a tematické zaměření evropských investic ve vybraných nových členských státech EU

Ergo ◽  
2015 ◽  
Vol 10 (1) ◽  
pp. 11-21
Keyword(s):  
Member States ◽  
The Czech Republic ◽  
New Member States ◽  
Eu Member States ◽  
Structural Funds ◽  
Research And Innovation ◽  
Eu Structural Funds ◽  
Programming Period ◽  
European Investment ◽  
The Eu

Abstract During the programming period 2007-2013, the Structural Funds represented an important source of funds for research, development and innovation in the new member states of the EU. The article compares thematic focus of the EU Structural Funds support to this area (according to the categories of expenditure set by the EU legislation) in five countries with common historic experience - Czechia, Slovakia, Poland, Hungary and Slovenia. The aim is to identify different approaches of individual states to finance research and innovation from the EU funds, also related to the development and structure of R&D expenditure, analysed in the first part of the text. The states in question have selected diverse strategies to invest European resources in research and innovation, particularly concerning the proportion of investment in research infrastructures to investment in research, innovation and related activities in business sphere. According to this comparison with the other examined countries, the Czech Republic is characterized by the highest orientation at spending the EU funds on the construction of research infrastructure.

A Blurred Piece of Jigsaw: On the Status of Jobseekers within the Framework of Directive 2004/38

2020 ◽  
Vol 22 (4) ◽  
pp. 571-596
Author(s):  
Rufat Babayev
Keyword(s):  
Systematic Approach ◽  
Free Movement ◽  
Member States ◽  
Legislative Change ◽  
Eu Member States ◽  
National Implementation ◽  
The Status ◽  
The Right ◽  
The Eu

Abstract This article explores the status of jobseeker in Directive 2004/38 that is aimed to simplify and strengthen the right of free movement and residence of all Union citizens. Unlike the categories of economically active and inactive persons, Directive 2004/38 employs a somewhat piecemeal approach towards setting out the status of jobseekers. It is submitted that this leads to much uncertainty over their residence rights and raises the prospect of divergent national implementation measures, leaving much leeway for the adoption of stringent approaches. While this is manifested itself, for instance, in the UK’s policy towards Union jobseekers, it is also particularly salient within the framework of the EU-UK Withdrawal Agreement that authorises a constitutive approach to post-Brexit residence status, which is shown to carry a greater risk for UK nationals residing in EU Member States. Both instances are argued to further substantiate the need for a more systematic approach towards the outline of the status of jobseeker in Directive 2004/38, though the introduction of any legislative change may not currently be politically viable.

Eastern Partnership and the Preferences of New EU Member States

2013 ◽  
Vol 1 (1) ◽  
pp. 29-42
Author(s):  
Matúš Mišík
Keyword(s):  
Member States ◽  
New Members ◽  
Factors Affecting ◽  
Eastern Partnership ◽  
New Member States ◽  
Eu Member States ◽  
The Third ◽  
Factors Influencing ◽  
New Eu Member States ◽  
The Eu

Abstract This paper tries to shed some light on factors influencing the positions of the new member states of the EU on Eastern Partnership in its initial phase. It utilises an analytical approach developed by Copsey and Haughton (2009) and argues that the two most important factors affecting positioning of newcomers towards the initiative are: perceived size and geography. While the new members were especially keen to support their immediate neighbours, they were using a common policy towards these countries to increase their presence and influence in the region since the initiative helped them to deal with neighbourhood issues they were not able to solve on their own. The paper suggests an amendment to the theoretical approach and proposes an assumption explaining positioning of the member states towards the third countries that better reflect the empirical evidence than the original framework. Moreover, the research showed that Poland differed from the rest of the new EU countries, was much more active and influential and rather resembled the old members. However, due to its not very positive image (caused by its assertive approach and strong effort to play a prominent role within the EU) its influence within the EU was limited and, therefore it proposed the Eastern Partnership together with Sweden that held a much better image.

II. Fourteen Against One: The Eu Member States' Response To Freedom Party Participation In The Austrian Government

2000 ◽  
Vol 49 (4) ◽  
pp. 953-963 ◽  
Author(s):  
Matthew Happold
Keyword(s):  
European Union ◽  
Human Rights ◽  
International Law ◽  
Democratic Governance ◽  
Diplomatic Relations ◽  
Member States ◽  
Eu Member States ◽  
The Status ◽  
The Right ◽  
The Eu

The participation of the Freedom Party in the Austrian government has given rise to exceptional reactions both in Austria and internationally. The imposition of a freeze in bilateral diplomatic relations by Austria's European Union partners has been particularly notable, amounting to an unprecedented response to the election of a new government in another Member State. This note seeks to describe the development of events and assess the status of the 14 Member States' actions under international law, in particular in the light of any developing norms concerning non-intervention, respect for human rights and the right to democratic governance.

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