Two Charters and a Pillar

2020 ◽  
pp. 191-202
Author(s):  
Bruno de Witte
Keyword(s):  
European Union ◽  
Social Protection ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Social Progress ◽  
Social Rights ◽  
The European Union ◽  
The Social ◽  
Charter Of Fundamental Rights

This chapter retraces the post-enlargement trajectory of the protection of fundamental social rights in Europe. The chapter selects three years that signpost this trajectory: 2000, when the EU’s Charter of Fundamental Rights was adopted, with the inclusion of a social rights chapter; 2009, when the Lisbon Treaty seemed to contain a renewed promise of social progress in the Union; and 2017, when the European Union launched a European Pillar of Social Rights, as part of an effort to revitalize the social protection agenda of the European Union after the disappointing post-Lisbon years.

scholarly journals Towards More Resilience for a Social EU – the Constitutionally Conditioned Internal Market

2017 ◽  
Vol 13 (04) ◽  
pp. 611-640 ◽  
Author(s):  
Dagmar Schiek
Keyword(s):  
European Union ◽  
Social Integration ◽  
Economic Justice ◽  
Internal Market ◽  
Fundamental Rights ◽  
Social Rights ◽  
The European Union ◽  
The Social ◽  
Charter Of Fundamental Rights ◽  
Integration Project

Gap between the EU’s normative commitments to socio-economic justice and the practical workings of its integration project -- Potential for strengthening the social EU by recourse to the Charter of Fundamental Rights of the European Union – Charter normatively commits EU to a constitutionally conditioned Internal Market – Charter curbs property rights and entrepreneurial freedom specifically for the sake of social rights guarantees – Constructive response to legitimacy dilemmas emerging from cases such asLaval,VikingandAGET Iraklis– Reinstating socially embedded constitutionalism at EU levels as an alternative to relegating social integration to national levels

scholarly journals Protection of Social Rights as a Permament Challenge for the European Union

2021 ◽  
Vol 46 (3) ◽  
pp. 109-143
Author(s):  
Joanna Ryszka
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Social Rights ◽  
The European Union ◽  
Significant Development ◽  
Rights Protection ◽  
Eu Integration ◽  
The Social ◽  
Charter Of Fundamental Rights ◽  
The Eu

Social rights protection in the European Union has undergone significant development. Currently their protection is regulated by relevant treaty provisions and the Charter of Fundamental Rights (Charter), both of a primary law nature, as well as by the non-binding European Pillar of Social Rights (Pillar). The aim of the paper is the assessment of the social rights protection in the EU, and whether all social rights provided in the CFR have their counterparts in the EPSR, hence whether and in what way the EPSR assists the actual exercise of social rights provided by the CFR. Comparing the content of the above-mentioned legal instruments makes it possible to answer the question whether all social rights provided in the Charter have their counterparts in the Pillar. This can help determine whether the latter affects the implementation of the former. If the answer is in the affirmative, it can further allow for determining in what way the principles of the Pillar assist in the actual exercise of social rights provided by the Charter. This is very important taking into account the need for an ongoing response to unforeseen threats, like for example COVID-19. The social aspects of EU integration thus are and will remain a subject of interest in the nearest future.

Migration and Asylum Cases before the Court of Justice of the European Union: Putting the Eu Charter of Fundamental Rights to Test?

2015 ◽  
Vol 17 (1) ◽  
pp. 1-38 ◽  
Author(s):  
Francesca Ippolito
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
The European Union ◽  
Court Of Justice ◽  
Charter Of Fundamental Rights ◽  
The Impact ◽  
The Eu ◽  
Third Country Nationals

This article explores the various guarantees embedded in the eu Charter of Fundamental Rights for eu citizens and third country nationals, following the extension of the Court’s jurisdiction by the Lisbon Treaty in the area of freedom, security and justice. In particular, it highlights the potential and limits to the impact of the Charter in immigration or asylum cases before the cjeu.

National Identity, Political Interest and Human Rights in Europe: The Charter of Fundamental Rights of the European Union

2004 ◽  
Vol 32 (2) ◽  
pp. 323-353 ◽  
Author(s):  
Victor D. Bojkov
Keyword(s):  
European Union ◽  
Human Rights ◽  
National Identity ◽  
Western Europe ◽  
Fundamental Rights ◽  
Political Interest ◽  
The European Union ◽  
The Social ◽  
Charter Of Fundamental Rights ◽  
The Relationship

This article is about national identity, political interest and the creation of international human rights regimes. Geographically, it is focused on Western Europe and the very recent process of establishing the Charter of Fundamental Rights of the European Union. Both national identity and political interest are seen as important determinants of this process, defining its discourse and outcome. The relationship between the two is complex and recursive. They influence each other to an extent that warrants seeing them as mutually constitutive. On one hand, the social, political and economic projects elites engage in have to resonate positively with dearly held elements of national identity but have also the power to modify them. Being a psychological phenomenon, on the other hand, national identity is a dynamic concept that employs common historically defined memories, traditions and customs but is also subject to the influence of the political context within which it operates.

scholarly journals The European Union and the absence of fundamental rights in the Eurozone: A critical perspective

2017 ◽  
Vol 24 (3) ◽  
pp. 567-589 ◽  
Author(s):  
Robert Pye
Keyword(s):  
European Union ◽  
European Integration ◽  
Fundamental Rights ◽  
Institutional Framework ◽  
Integration Theory ◽  
Social Rights ◽  
The European Union ◽  
Critical Perspective ◽  
Charter Of Fundamental Rights

Despite the development of fundamental rights mechanisms in the European Union, including the Charter of Fundamental Rights, the governance of the Eurozone has led to policies that have undermined basic social rights. The purpose of this article is to explain why it is that the European Union has been able to act in this manner despite the assurances supposedly enshrined in its own rights guarantees. To do this, recent advancements in critical integration theory that posit European integration as the outcome of competing hegemonic projects are drawn upon. The construction of fundamental rights is conceptualised within the context of the institutional framework of the European Union and the current dominant neoliberal project. It is argued that the process of construction of rights has led to a highly restrictive understanding of what the concept of fundamental rights entails in the European Union. This has allowed European Union institutions to rhetorically commit to rights while simultaneously acting to undermine rights in practice.

Sign in / Sign up

Export Citation Format

Share Document