Can the EU live up to the expectations of its child citizens?

2011 ◽  
Vol 19 (3) ◽  
pp. 451-476 ◽  
Author(s):  
Cath Larkins
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Eu Policy ◽  
Eu Member States ◽  
Rights Of The Child ◽  
Charter Of Fundamental Rights ◽  
Minority Ethnic ◽  
The Eu

AbstractThere has been increasing interest in children's rights from the EU, seen in the Commission's 2006 Communication (COM(367) Final 2006), the Treaty of Lisbon 2009 and the Commission's 2011 Communication An EU Agenda for the Rights of the Child (COM(2011) 60 final). The Charter of Fundamental Rights of the European Union Article 24(1), states that children 'may express their views freely. Such views shall be taken into consideration on matters which concern them in accordance with their age and maturity.' The time is therefore ripe to address the views of children towards the EU, in the expectation that the EU may be ready to take them into consideration. In research in two EU Member States, fifty-five children aged 5 to 13 – in groups of refugee, minority ethnic, looked after, gypsy traveller, disabled and young caring children – developed claims for citizenship. This article looks at examples of the groups' claims in the context of EU policy, to explore what the EU could do to live up to the expectations of these young citizens.

Fundamental Rights and the Transformation of Governance in the European Union

2007 ◽  
Vol 9 ◽  
pp. 133-175 ◽  
Author(s):  
Olivier de Schutter
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
Regulatory Competition ◽  
The European Union ◽  
Member States ◽  
Mutual Cooperation ◽  
Eu Member States ◽  
Charter Of Fundamental Rights ◽  
The Eu

It has been argued in many places, and in different forms, that the establishment between the EU Member States of an internal market, and now of an area of freedom, security and justice, requires the European Union to legislate in the field of fundamental rights, either in order to avoid a form of regulatory competition between the Member States or in order to ensure mutual trust allowing for mutual cooperation between judicial, police and administrative national authorities. ‘Negative integration’, in the form of the lowering of barriers to the movement of goods, services, persons and capital, or in the form of mutual recognition of judicial decisions or exchange of information between national authorities, should thus be followed with, or compensated by, ‘positive integration’, in the form of the setting of common standards applicable throughout the EU Member States. The EU Charter of Fundamental Rights, moreover, provides the baseline from which to act, since it represents a set of values which all the Member States have agreed to consider as fundamental. The question (so it would seem) is now that of implementing the Charter, by using the legal bases provided for in the treaties to the fullest extent possible.

The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives

Laws ◽  
2021 ◽  
Vol 10 (4) ◽  
pp. 76
Author(s):  
Vasileios G. Tzemos ◽  
Konstantinos Margaritis
Keyword(s):  
European Union ◽  
Legal Order ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
Treaty Of Lisbon ◽  
Charter Of Fundamental Rights ◽  
New Challenges ◽  
The Eu

Since 1 December 2009, the time when the Treaty of Lisbon came into force, the Charter of Fundamental Rights of the European Union (hereinafter: the EU Charter, the Charter) has been formally included in the EU legal order as primary EU law [...]

Fundamental Rights and the Transformation of Governance in the European Union

2007 ◽  
Vol 9 ◽  
pp. 133-175 ◽  
Author(s):  
Olivier de Schutter
Keyword(s):  
European Union ◽  
Mutual Recognition ◽  
Fundamental Rights ◽  
Regulatory Competition ◽  
The European Union ◽  
Member States ◽  
Mutual Cooperation ◽  
Eu Member States ◽  
Charter Of Fundamental Rights ◽  
The Eu

It has been argued in many places, and in different forms, that the establishment between the EU Member States of an internal market, and now of an area of freedom, security and justice, requires the European Union to legislate in the field of fundamental rights, either in order to avoid a form of regulatory competition between the Member States or in order to ensure mutual trust allowing for mutual cooperation between judicial, police and administrative national authorities. ‘Negative integration’, in the form of the lowering of barriers to the movement of goods, services, persons and capital, or in the form of mutual recognition of judicial decisions or exchange of information between national authorities, should thus be followed with, or compensated by, ‘positive integration’, in the form of the setting of common standards applicable throughout the EU Member States. The EU Charter of Fundamental Rights, moreover, provides the baseline from which to act, since it represents a set of values which all the Member States have agreed to consider as fundamental. The question (so it would seem) is now that of implementing the Charter, by using the legal bases provided for in the treaties to the fullest extent possible.

Instrument of Mobilization or a Bridge towards Understanding? Religion and Values in the Reform Process of the European Union

2009 ◽  
Vol 2 (3) ◽  
pp. 257-284 ◽  
Author(s):  
Christof Mandry
Keyword(s):  
European Union ◽  
Political Identity ◽  
Fundamental Question ◽  
Fundamental Rights ◽  
The Self ◽  
Reform Process ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Relationship ◽  
The Eu

AbstractThe self-understanding of the Europeans has been profoundly put into question since 1989, and during the EU reform process, 'Europe' was confronted by the task of describing itself anew. In this context, the debate about the significance of the religious patrimony took on a key position in the discourse. The broad public discussions of the preambles to the European Charter of Fundamental Rights and the Treaty establishing a Constitution for the European Union (ECT) indicate that the relationship between religion and political remains a controversial issue. The article argues that the 'preamble disputes' are part and parcel of the European Union's quest for a political identity and that the outcome of the identity debate—the self-description as a 'community of values'—deals in a specific way with this fundamental question.

scholarly journals The Council of Europe and the European Union frameworks in the legal protection of minority languages: unity or diversity?

2011 ◽  
Vol 2 (1) ◽  
pp. 347-366
Author(s):  
Alessia Vacca
Keyword(s):  
European Union ◽  
Legal Protection ◽  
Fundamental Rights ◽  
Minority Languages ◽  
The European Union ◽  
Council Of Europe ◽  
Treaty Of Lisbon ◽  
National Minorities ◽  
Charter Of Fundamental Rights ◽  
Regional Or Minority Languages

This article focuses on the comparison between European Union Law and Council of Europe Law in the field of the protection of minority languages and looks at the relationships between the two systems. The Council of Europe has been very important in the protection of minority languages, having created two treaties of particular relevance: the European Charter for Regional or Minority Languages in 1992 and the Framework Convention for the Protection of National Minorities in 1995; both treaties contain many detailed provisions relating to minority languages. Not all countries, even of the European Union, have ratified these treaties. 12 out of 27 EU countries did not ratify the European Charter for Regional or Minority Languages. The European Union supports multilingualism because it wants to achieve unity while maintaining diversity. Important steps, with respect to minority languages, were taken in the European Community, notably in the form of European Parliament Resolutions. The Charter of Fundamental Rights of the European Union, approved in Nice the 7th December 2000, contains art. 21 and art. 22 related to this topic. The Treaty of Lisbon makes a cross reference to the Charter of Fundamental Rights of the European Union which is, consequently, legally binding under the Treaty of Lisbon since December 2009. The Charter could give ground for appeal to the European Court of Justice in cases of discrimination on the grounds of language

Effektivität des Grundrechtsschutzes in der Europäischen Union

2021 ◽  
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Law ◽  
European University ◽  
The Eu

The volume includes contributions from a meeting of the Frankfurt Institute for the Law of the European Union of the Faculty of Law of the European University Viadrina on the effectiveness of the protection of fundamental rights in the EU on the occasion of the tenth anniversary of the legal binding nature of the EU Charter of Fundamental Rights. With contributions by Markus Rau, LL.M.; Dr. Peter Szczekalla; Prof. apl. Dr. Carmen Thiele; RA Dr. Christian Hilbrandt; Prof. Dr. Walter Frenz; Prof. Dr. Ines Härtel; Clara Pira Machel and Gabriel N. Toggenburg.

European Union Rights and Values in Human Health

2019 ◽  
pp. 16-51
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
European Union ◽  
National Policy ◽  
Fundamental Rights ◽  
The European Union ◽  
Member States ◽  
Eu Member States ◽  
Eu Fundamental Rights ◽  
The Eu

This book looks at the impact of the expanding power of the EU in terms of fundamental rights and values. The current chapter lays down the framework for this analysis. Law did not always have a central role to play in the context of medicine and health. The role of law grew after the Second Word War and the Nuremberg Doctors Trials (1947), in which preventing the repetition of atrocities that were committed in the name of medicine became a guidepost for future law regarding patients’ rights and bioethics. In the period after the War, across the EU Member States, health law developed as a legal discipline in which a balance was struck in medicine and public health between law, bioethics, and fundamental rights. The role of EU fundamental rights protections in the context of public health and health care developed in relation with the growth of multilevel governance and litigation (national, international, Council of Europe, and European Union). For the analysis here, this chapter develops an EU rights and values framework that goes beyond the strictly legal and allows for a ‘normative language’ that takes into consideration fundamental rights as an expression of important shared values in the context of the European Union. The perspective of EU fundamental rights and values can demonstrate possible tensions caused by EU health policy: implications in terms of fundamental rights can show how highly sensitive national policy issues may be affected by the Member States’ participation in EU policymaking activities.

1. The origins of the European Union and EU law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Single European Act ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Treaty Of Rome ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957), the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.

scholarly journals Farewell to the EU Charter: Brexit and Fundamental Rights Protection

2021 ◽  
Vol 4 (1) ◽  
pp. 36-52
Author(s):  
Marco Galimberti
Keyword(s):  
European Union ◽  
Legal Status ◽  
Case Law ◽  
Fundamental Rights ◽  
Bill Of Rights ◽  
The European Union ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

Twenty years after its drafting and more than one decade after its entry into force, the Charter of Fundamental Rights of the European Union has ceased to be part of British law as a consequence of Brexit. Looking into this issue raised by the UK withdrawal from the European Union, the essay sheds some light on the legal status and impact of the EU Bill of Rights in the British legal order. Against this background, the article detects a connection between the UK Supreme Court’s case law and the jurisprudence of the Court of Justice of the European Union on the direct effect of the Charter. From this perspective, the analysis highlights the implications of the UK departure from the Charter and disentanglement from the Luxembourg case law, thus arguing that they may weaken the standards of fundamental rights protection.

scholarly journals Contradictions in Frontex Operations: the Push-back

2020 ◽  
Vol 20 (4) ◽  
pp. 85-92
Author(s):  
Gábor Kemény ◽  
Michal Vít
Keyword(s):  
European Union ◽  
Human Rights ◽  
Influencing Factors ◽  
Fundamental Rights ◽  
Organisational Structure ◽  
The European Union ◽  
Council Of Europe ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The aim of the paper is to introduce the legal misfits between the standards of human rights as stated by the European Union and the Council of Europe and practical day to day experience related to EU member states. For this purpose, the article focuses on political and legal assessment of the so-called pushbacks at the Greek-Turkish external border and introduces the influencing factors, such as the various interpretation of the legislation, differences in the organisational structure and values. Authors concluded that these factors are endangering the fulfilment of the fundamental rights and the efficiency of the border protection thus the security of the EU and its member states.

Sign in / Sign up

Export Citation Format

Share Document