The Development of the EU Non-Discrimination Regime

2021 ◽  
pp. 11-41
Author(s):  
Emma Lantschner
Keyword(s):  
Ethnic Origin ◽  
The European Union ◽  
Substantive Equality ◽  
European Court ◽  
And Gender ◽  
Set Up ◽  
Treaty Of Amsterdam ◽  
Different Levels ◽  
The Eu

In Chapter 1 the development of the EU non-discrimination regime is introduced, first in terms of legal developments. It recapitulates the steps starting from the founding Treaties, which only dealt with discrimination on the grounds of nationality and gender, up until the Treaty of Amsterdam, introducing the competence for the discrimination grounds of racial or ethnic origin, religion or belief, age, disability, and sexual orientation, and the adoption of the two Directives which are the focus of the book: Directive 2000/43/EC and Directive 2000/78/EC. It also points at financial instruments and institutions set up in parallel to support the implementation of these Directives and the recent adoption of a series of Strategic Documents and Action Plans in the Commission’s attempts to achieve a Union of equality. The second sub-chapter then discusses the shift from non-discrimination to substantive equality on the basis of the jurisprudence of the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU) and closes with some considerations regarding the different levels of impact of EU anti-discrimination law in national constitutional systems.

Equality bodies

2018 ◽  
Vol 18 (2-3) ◽  
pp. 144-162 ◽  
Author(s):  
Tamás Kádár
Keyword(s):  
Case Law ◽  
Ethnic Origin ◽  
Equal Treatment ◽  
Member States ◽  
Eu Member States ◽  
Substantive Equality ◽  
Agents Of Change ◽  
Set Up ◽  
Treaty Of Amsterdam ◽  
Further Development

The Treaty of Amsterdam and the subsequent adoption in 2000 of the so-called Race Directive was a genuine paradigm shift in European equal treatment legislation and practice. One of the major developments resulting from this Treaty change and new Directive was the introduction of a requirement for all European Union (EU) Member States to set up bodies for the promotion of equal treatment, first on the ground of race and ethnic origin, later extended to the ground of gender. This article analyses the emergence of these bodies – equality bodies – in EU Member States and candidate countries and the role they play in promoting equality and the implementation and monitoring of EU equal treatment legislation. It argues that equality bodies have a significant potential to contribute to more equal societies and they have proved to be effective agents of change. They do so, among others, by contributing to relevant case law in front of the Court of Justice of the EU leading to the further development and clarification of EU and national equal treatment legislation. The article also looks at the challenges experienced by equality bodies in different European countries as factors that influence and might limit their potential and contribution. To conclude, the article examines the necessary conditions for equality bodies to effectively contribute to the implementation of EU legislation and the achievement of substantive equality and it assesses whether current standards for equality bodies can guarantee these conditions.

scholarly journals Economic and Environmental Consequences of the ECJ Genome Editing Judgment in Agriculture

Agronomy ◽  
2021 ◽  
Vol 11 (6) ◽  
pp. 1212
Author(s):  
Alexander Gocht ◽  
Nicola Consmüller ◽  
Ferike Thom ◽  
Harald Grethe
Keyword(s):  
Genome Editing ◽  
Agricultural Sector ◽  
Ghg Emissions ◽  
Food Products ◽  
Food Prices ◽  
Farm Income ◽  
The European Union ◽  
Environmental Consequences ◽  
European Court ◽  
The Eu

Genome-edited crops are on the verge of being placed on the market and their agricultural and food products will thus be internationally traded soon. National regulations, however, diverge regarding the classification of genome-edited crops. Major countries such as the US and Brazil do not specifically regulate genome-edited crops, while in the European Union, they fall under GMO legislation, according to the European Court of Justice (ECJ). As it is in some cases impossible to analytically distinguish between products from genome-edited plants and those from non-genome-edited plants, EU importers may fear the risk of violating EU legislation. They may choose not to import any agricultural and food products based on crops for which genome-edited varieties are available. Therefore, crop products of which the EU is currently a net importer would become more expensive in the EU, and production would intensify. Furthermore, an intense substitution of products covered and not covered by genome editing would occur in consumption, production, and trade. We analyzed the effects of such a cease of EU imports for cereals and soy in the EU agricultural sector with the comparative static agricultural sector equilibrium model CAPRI. Our results indicate dramatic effects on agricultural and food prices as well as on farm income. The intensification of EU agriculture may result in negative net environmental effects in the EU as well as in an increase in global greenhouse gas (GHG) emissions. This suggests that trade effects should be considered when developing domestic regulation for genome-edited crops.

scholarly journals Aircraft Requirements for Sustainable Regional Aviation

Aerospace ◽  
2021 ◽  
Vol 8 (3) ◽  
pp. 61
Author(s):  
Dominik Eisenhut ◽  
Nicolas Moebs ◽  
Evert Windels ◽  
Dominique Bergmann ◽  
Ingmar Geiß ◽  
...  
Keyword(s):  
Systems Engineering ◽  
System Level ◽  
Policy Initiative ◽  
The European Union ◽  
Calculation Methods ◽  
Figures Of Merit ◽  
Performance Requirements ◽  
High Level ◽  
Different Levels ◽  
The Eu

Recently, the new Green Deal policy initiative was presented by the European Union. The EU aims to achieve a sustainable future and be the first climate-neutral continent by 2050. It targets all of the continent’s industries, meaning aviation must contribute to these changes as well. By employing a systems engineering approach, this high-level task can be split into different levels to get from the vision to the relevant system or product itself. Part of this iterative process involves the aircraft requirements, which make the goals more achievable on the system level and allow validation of whether the designed systems fulfill these requirements. Within this work, the top-level aircraft requirements (TLARs) for a hybrid-electric regional aircraft for up to 50 passengers are presented. Apart from performance requirements, other requirements, like environmental ones, are also included. To check whether these requirements are fulfilled, different reference missions were defined which challenge various extremes within the requirements. Furthermore, figures of merit are established, providing a way of validating and comparing different aircraft designs. The modular structure of these aircraft designs ensures the possibility of evaluating different architectures and adapting these figures if necessary. Moreover, different criteria can be accounted for, or their calculation methods or weighting can be changed.

scholarly journals From social regulation of competition to competition as social regulation: transformations in the socioeconomic governance of the European Union

2017 ◽  
pp. 53-68 ◽  
Author(s):  
Antonios Roumpakis ◽  
Theo Papadopoulos
Keyword(s):  
Industrial Relations ◽  
Social Regulation ◽  
The European Union ◽  
Wage Setting ◽  
Regulatory Changes ◽  
European Court ◽  
The Right ◽  
New Procedures ◽  
The Eu

This chapter studies the character of contemporary socioeconomic governance in the EU. It draws on empirical evidence capturing the type and extent of regulatory changes in the fields of industrial relations, corporate governance, and the coordination of macro-economic policy in the EU. The effects of these changes are long term, cumulative, and mutually reinforcing and should be seen as integral elements of a relatively coherent project to establish a form of transnational polity in Europe that privileges competition as its regulatory rationale. Indeed, the European Court of Justice (ECJ) has been institutionally prioritising market freedoms and competition over labour rights, and especially the right to collective action in an emerging transnational regulatory field in the EU. Meanwhile, the new procedures of European macro-economic coordination construe national wage setting, collective bargaining institutions, and, more generally, social policy as adjustment variables serving primarily the purpose of promoting or restoring member states' economic competitiveness.

scholarly journals Identyfikacja głównych determinant rozwoju rolnictwa w krajach Unii Europejskie

2018 ◽  
Vol 18(33) (3) ◽  
pp. 342-352
Author(s):  
Jadwiga Zaród
Keyword(s):  
Agricultural Development ◽  
Arable Land ◽  
The European Union ◽  
Eu Countries ◽  
Agricultural Income ◽  
Research Material ◽  
Discriminatory Analysis ◽  
Main Factors ◽  
Different Levels ◽  
The Eu

The level of agricultural development in the EU countries is varies significantly. The knowledge of factors directly affecting changes in agriculture can contribute to reducing disparities between countries. The purpose of this study is to indicate the main factors which determine agricultural development in the European Union. To implement this task, the discriminant analysis was used. The research material were data from the GUS and EUROSTAT regarding agriculture in EU countries. The research shows that the development of agriculture in the EU is determined in particular by factors such as the share of sowing of cereals in the total area of arable land, consumption expenditure in households, labor productivity and agricultural income. In addition, the discriminatory analysis allowed assigning particular countries to groups with different levels of agricultural development.

The Practices of ‘Splitting’ and ‘Common Accord’ Under Scrutiny: the European Parliament‘s Request for an Opinion of the European Court of Justice on the Istanbul Convention

2020 ◽  
Vol 45 (4) ◽  
pp. 472-486
Author(s):  
Elizaveta Samoilova
Keyword(s):  
European Union ◽  
Legal Framework ◽  
Special Focus ◽  
The European Union ◽  
Member States ◽  
Court Of Justice ◽  
European Court ◽  
Forms Of Violence ◽  
Istanbul Convention ◽  
The Eu

Abstract With all eyes on the recent global COVID-19 pandemic, another pandemic has been growing in the shadows: violence against women. The Council of Europe’s Istanbul Convention creates a legal framework in order to protect women against all forms of violence. Its ratification process, however, has faced considerable challenges, particularly in the Central and Eastern European Member States. This article discusses the basic elements of the Istanbul Convention, reflects on the ratification process in the EU and its Member States, and sets out the main legal issues raised in the European Parliament’s request for an opinion (A-1/19 of 22 November 2019) to the Court of Justice of the European Union. Special focus is put on the choice of the correct EU legal basis and the practices of ‘splitting’ and ‘common accord’. This article argues that the European Parliament’s request for an opinion provides the perfect opportunity for the Court of Justice of the European Union to further clarify the law and the practice of concluding mixed agreements by the EU and its Member States.

The EU’s engagement with foreign powers on human rights

2020 ◽  
pp. 265-292
Author(s):  
Francisca Costa Reis ◽  
Weiyuan Gao ◽  
Vineet Hegde
Keyword(s):  
Human Rights ◽  
Lisbon Treaty ◽  
The European Union ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Cohesive Group ◽  
The Difference ◽  
Economic Partnership ◽  
Set Up ◽  
The Eu

With a mandate under the Lisbon Treaty, the European Union (EU) has been engaging with foreign powers like Brazil, Russia, India, China, and South Africa (BRICS) nations on human rights issues. Despite the common and shared goals, the BRICS set-up is not institutionalised, which prompts the EU to engage with each country on a bilateral basis. Such collaborations have occurred in bilateral dialogues, multilateral fora, through developmental assistance, and negotiations in economic partnership agreements. The scope and content of the discussions and cooperation vary due to the difference in the political structures of the countries. While the EU and the BRICS may share some common goals politically and economically, pursuing shared objectives related to democracy and human rights promotion remains challenging. These countries may believe in human rights protection, but the understandings and the approaches vary drastically, as visible when issues of sovereignty and non-intervention are raised to resist comprehensive discussions. Although the BRICS are emerging as an interconnected group and have begun to cooperate more closely in multilateral fora, the EU may also have to consider dealing with it in its institutional capacity. It could be more challenging to fulfill the mandate of the Lisbon Treaty for the EU while dealing with this cohesive group that has different understandings on human rights protection within their own states.

The German Constitutional Court and Preliminary References—Still a Match not Made in Heaven?

2015 ◽  
Vol 16 (6) ◽  
pp. 1491-1508
Author(s):  
Eva Julia Lohse
Keyword(s):  
European Union ◽  
Constitutional Court ◽  
Eu Law ◽  
The European Union ◽  
Constitutional Courts ◽  
Court Of Justice ◽  
European Court ◽  
German Constitutional Court ◽  
In The Beginning ◽  
The Eu

So far, the German Constitutional Court (Bundesverfassungsgericht, henceforth:BVerfG) has only made a single preliminary reference to the (now) Court of Justice of the European Union (CJEU), despite frequent rulings on matters connected with European Union (EU) Law. Its apparent reluctance seemed odd considering the atmosphere of dialogue and cooperation which prevails between the non-constitutional courts and the EU courts. This situation might, however, have changed with the preliminary reference from January 2014, proving predictions on the perceived “most powerful constitutional court” and its relationship to the EU partly wrong. The legal effects of its preliminary reference on the interpretation of Articles 119, 123, 127 ff. of the Treaty on the Functioning of the European Union (TFEU) and the validity of Outright Monetary Transactions (OMT) by the European Central Bank (ECB) under EU Law are as yet unclear; although the Opinion of the Advocate General Cruz Villalón was delivered in the beginning of 2015, which did not confirm the doubts expressed by theBVerfGabout the conformity of the OMT programme with EU law. Nonetheless, the interpretative scheme and the normative questions as to the reluctance of theBVerfGremain the same after this single referral and offer explanations as to why theBVerfGhad for nearly sixty years not referred a question to the former European Court of Justice (ECJ).

Gender mainstreaming in Europe: legislation and cultural changes

2019 ◽  
pp. 31-46
Author(s):  
Vera Lomazzi ◽  
Isabella Crespi
Keyword(s):  
European Union ◽  
Gender Equality ◽  
Cultural Change ◽  
Social Life ◽  
Gender Mainstreaming ◽  
The European Union ◽  
Cultural Changes ◽  
Substantive Equality ◽  
The Eu

The exploration of the development of the gender mainstreaming strategy and its effect on, European legislation concerning gender equality, from its beginnings to today is the aim of this chapter.The focus is on the role of the European Union in promoting substantive equality for men and women improving legislation in the European Union context and favouring a cultural change in the gender equality perspective. Gender mainstreaming is analysed as the main legislative and cultural shift done for promoting gender equality in all European policies. Gender mainstreaming legislation requires the adoption of a gender perspective by all the central actors in the policy process and, even considering its limits and blunders, and is still the most crucial transnational strategy currently in existence that promotes gender equality in all domains of social life. The legislation enquiries raised at the beginning of the gender mainstreaming implementation process in the EU around 1996 focused on the potential role of the EU in bridging the gap between formal and substantive equality, until nowadays and most recent guidelines, are the issues of the discussion in the chapter.

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