If You Are Not Part of the Solution, You Are the Problem: Article 37 of the EU Charter as a Defence for Climate Change and Environmental Measures in Investor-State Arbitrations – Joint 2nd Prize Winner Essay competition 2020

Climate change is severely impacting the survival of humankind on earth. In the European Union (EU), the Charter of Fundamental Rights (EU Charter) codifies environmental protection as part of the EU’s corpus of fundamental rights protection and states that “a high level of environmental protection and the improvement of the quality of the environment must be integrated into the policies of the EU and ensured in accordance with the principle of sustainable development”. By virtue of this article, the EU has elevated environmental protection to the level of constitutionality. Environmental concerns have played a critical role in investor-state arbitration. This article submits that Article 37 of the EU Charter might be a viable defence for Member States of the EU (Member States) that adopt climate change and environmental measures. Such defence would not consist of a jurisdictional challenge based on the Achmea decision but of a defence based on the applicable law which protects the notion of sustainable investment enshrined in the applicable international investment agreement. Article 37 of the EU Charter could, therefore, operate a powerful tool to foster environmental protection in investor-state disputes and, therefore, address one of the most widespread complaints in the backlash against investor-state arbitration.

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European Union Rights and Values in Human Health

EU Health Law & Policy ◽

10.1093/oso/9780198788096.003.0002 ◽

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.

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Contradictions in Frontex Operations: the Push-back

Magyar Rendészet ◽

10.32577/mr.2020.4.5 ◽

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.

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Fundamental Rights and the Transformation of Governance in the European Union

Cambridge yearbook of European legal studies ◽

10.1017/s1528887000002780 ◽

2007 ◽

Vol 9 ◽

pp. 133-175 ◽

Cited By ~ 1

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.

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THE IMPACT OF COVID-19 ON THE FREE MOVEMENT OF PERSONS IN THE EU

EU 2021 – The future of the EU in and after the pandemic ◽

10.25234/eclic/18298 ◽

2021 ◽

Author(s):

Dunja Duić ◽

Veronika Sudar

Keyword(s):

Public Health ◽

Political Legitimacy ◽

Fundamental Rights ◽

Free Movement ◽

The European Union ◽

Member States ◽

Freedom Of Movement ◽

Eu Member States ◽

The Impact ◽

The Eu

The impact of the COVID-19 outbreak is being endured throughout the world, and the European Union (EU) is no exception. The rapid spreading of the virus effected, among other things, restriction on the freedom of movement. The EU member states introduced national response measures to contain the pandemic and protect public health. While broadly similar, the measures differ with regard to strictness and the manner of introduction, reflecting the political legitimacy of the respective country. With the ‘Guidelines concerning the exercise of the free movement of workers during COVID-19 outbreak’ – its first COVID-19-related Communication – the European Commission (EC) attempted to curb differing practices of the EU member states and ensure a coordinated approach. Ultimately, this action was aimed at upholding of fundamental rights as guaranteed to EU citizens, one such being the freedom of movement. Thus, from the very start of the pandemic, the coordinated actions of EU institutions sought to contain the spread of COVID-19 infections with the support and cooperation of EU member states. This is confirmed by the most recent Council of the EU (Council) recommendation on a coordinated approach to restrictions to freedom of movement within the EU of October 2020. While they did prevent the spread of infection and save countless lives, the movement restriction measures and the resulting uncertainty have greatly affected the people, the society, and the economy, thereby demonstrating that they cannot remain in force for an extended period. This paper examines the measures introduced by EU member states and analyses the legal basis for introducing therewith limitations on human rights and market freedoms. To what extent are the EU and member states authorized to introduce restrictions on the freedom of movement in the interest of public health? Have the EU and member states breached their obligations regarding market freedoms and fundamental rights under the Treaty? And most importantly: have they endangered the fundamental rights of the citizens of the EU?

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Fundamental Rights and the Transformation of Governance in the European Union

Cambridge yearbook of European legal studies ◽

10.5235/152888712802746777 ◽

2007 ◽

Vol 9 ◽

pp. 133-175 ◽

Cited By ~ 1

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

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Political aspects of security of the European Union Member States

10.31338/1641-2478pe.3.20.6 ◽

2020 ◽

pp. 97-105

Author(s):

Aleksandra Kusztykiewicz-Fedurek

Keyword(s):

European Union ◽

Negative Impact ◽

The European Union ◽

Member States ◽

Eu Member States ◽

Political Security ◽

New Institutions ◽

The Stability ◽

Key Aspects ◽

The Eu

Political security is very often considered through the prism of individual states. In the scholar literature in-depth analyses of this kind of security are rarely encountered in the context of international entities that these countries integrate. The purpose of this article is to draw attention to key aspects of political security in the European Union (EU) Member States. The EU as a supranational organisation, gathering Member States first, ensures the stability of the EU as a whole, and secondly, it ensures that Member States respect common values and principles. Additionally, the EU institutions focus on ensuring the proper functioning of the Eurozone (also called officially “euro area” in EU regulations). Actions that may have a negative impact on the level of the EU’s political security include the boycott of establishing new institutions conducive to the peaceful coexistence and development of states. These threats seem to have a significant impact on the situation in the EU in the face of the proposed (and not accepted by Member States not belonging to the Eurogroup) Eurozone reforms concerning, inter alia, appointment of the Minister of Economy and Finance and the creation of a new institution - the European Monetary Fund.

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Inequalities in the European Union—A Partial Order Analysis of the Main Indicators

Sustainability ◽

10.3390/su13116278 ◽

2021 ◽

Vol 13 (11) ◽

pp. 6278

Author(s):

Lars Carlsen ◽

Rainer Bruggemann

Keyword(s):

Indicator System ◽

Partial Ordering ◽

Disposable Income ◽

The European Union ◽

Member States ◽

Eu Member States ◽

Per Capita ◽

Educational Aspect ◽

The Eu

The inequality within the 27 European member states has been studied. Six indicators proclaimed by Eurostat to be the main indicators charactere the countries: (i) the relative median at-risk-of-poverty gap, (ii) the income distribution, (iii) the income share of the bottom 40% of the population, (iv) the purchasing power adjusted GDP per capita, (v) the adjusted gross disposable income of households per capita and (vi) the asylum applications by state of procedure. The resulting multi-indicator system was analyzed applying partial ordering methodology, i.e., including all indicators simultaneously without any pretreatment. The degree of inequality was studied for the years 2010, 2015 and 2019. The EU member states were partially ordered and ranked. For all three years Luxembourg, The Netherlands, Austria, and Finland are found to be highly ranked, i.e., having rather low inequality. Bulgaria and Romania are, on the other hand, for all three years ranked low, with the highest degree of inequality. Excluding the asylum indicator, the risk-poverty-gap and the adjusted gross disposable income were found as the most important indicators. If, however, the asylum application is included, this indicator turns out as the most important for the mutual ranking of the countries. A set of additional indicators was studied disclosing the educational aspect as of major importance to achieve equality. Special partial ordering tools were applied to study the role of the single indicators, e.g., in relation to elucidate the incomparability of some countries to all other countries within the union.

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Evaluation of Sustainable Energy Development Progress in EU Member States in the Context of Building Renovation

Energies ◽

10.3390/en14144209 ◽

2021 ◽

Vol 14 (14) ◽

pp. 4209

Author(s):

Rita Remeikienė ◽

Ligita Gasparėnienė ◽

Aleksandra Fedajev ◽

Marek Szarucki ◽

Marija Đekić ◽

...

Keyword(s):

Energy Efficiency ◽

Energy Consumption ◽

Co2 Emissions ◽

Renewable Energy Sources ◽

Investment Efficiency ◽

The European Union ◽

Energy Usage ◽

Member States ◽

Eu Member States ◽

The Eu

The main goal of setting energy efficiency priorities is to find ways to reduce energy consumption without harming consumers and the environment. The renovation of buildings can be considered one of the main aspects of energy efficiency in the European Union (EU). In the EU, only 5% of the renovation projects have been able to yield energy-saving at the deep renovation level. No other study has thus far ranked the EU member states according to achieved results in terms of increased usage in renewable sources, a decrease in energy usage and import, and reduction in harmful gas emissions due to energy usage. The main purpose of this article is to perform a comparative analysis of EU economies according to selected indicators related to the usage of renewable resources, energy efficiency, and emissions of harmful gasses as a result of energy usage. The methodological contribution of our study is related to developing a complex and robust research method for investment efficiency assessment allowing the study of three groups of indicators related to the usage of renewable energy sources, energy efficiency, and ecological aspects of energy. It was based on the PROMETHEE II method and allows testing it in other time periods, as well as modifying it for research purposes. The EU member states were categorized by such criteria as energy from renewables and biofuels, final energy consumption from renewables and biofuels, gross electricity generation from renewables and biofuels and import dependency, and usage of renewables and biofuels for heating and cooling. The results of energy per unit of Gross Domestic Product (GDP), Greenhouse gasses (GHG) emissions per million inhabitants (ECO2), energy per capita, the share of CO2 emissions from public electricity, and heat production from total CO2 emissions revealed that Latvia, Sweden, Portugal, Croatia, Austria, Lithuania, Romania, Denmark, and Finland are the nine most advanced countries in the area under consideration. In the group of the most advanced countries, energy consumption from renewables and biofuels is higher than the EU average.

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Review of the Construction Labour Demand and Shortages in the EU

Buildings ◽

10.3390/buildings11010017 ◽

2021 ◽

Vol 11 (1) ◽

pp. 17

Author(s):

Belinda Brucker Juricic ◽

Mario Galic ◽

Sasa Marenjak

Keyword(s):

Free Movement ◽

Construction Sector ◽

The European Union ◽

Total Employment ◽

Member States ◽

Skill Levels ◽

Eu Member States ◽

Free Movement Of Workers ◽

European Union Member States ◽

The Eu

This paper reviews the recent literature on skill and labour shortages in the labour market with special emphasis on the construction sector in the European Union Member States, foreseeing the Construction 4.0 era. The free movement of people is one of the rights of all citizens of the EU which also includes the free movement of workers. Labour shortages in the EU are expected to increase in the future due to a declining population and an ageing workforce. In order to recognize and forecast labour shortages, EU Member states use a variety of instruments but they do not answer as to whether it is possible to use migrant labour to appease those shortages. There are several systems used to classify labour shortages in the EU Member states. Most of the countries classify labour shortages in relation to different sectors or occupation groups as well as by skill levels, but in some Member States, classification is made according to the type of employment. Instruments used to measure labour shortages significantly differ from country to country. Several criteria are used for creating lists of shortage occupations and most of the criteria include demand side and supply side criteria. A majority of the Member States are facing labour and skill shortages in various sectors and the construction sector is not an exception. As total employment in the construction sector decreased, so did the share of employed migrants. Labour shortages in the construction sector can be eased by the availability of a labour supply willing to accept unqualified and low-paying jobs. The construction sector seeks low-, medium-, and high-skilled individuals and is most likely the sector where most of the incoming migrants will be working, which has an impact on the development and implementation dynamic of Construction 4.0.

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Rights and Powers in the European Union: Towards a Charter that is Fully Applicable to the Member States?

Cambridge yearbook of European legal studies ◽

10.1017/cel.2020.8 ◽

2020 ◽

pp. 1-22

Author(s):

Aida TORRES PÉREZ

Keyword(s):

Rule Of Law ◽

Fundamental Rights ◽

The European Union ◽

Member States ◽

The Rule Of Law ◽

Rights Protection ◽

Scope Of Application ◽

Judicial Protection ◽

Eu Fundamental Rights ◽

The Eu

Abstract This contribution will tackle a central question for the architecture of fundamental rights protection in the EU: can we envision a Charter that fully applies to the Member States, even beyond the limits of its scope of application? To improve our understanding of the boundaries of the Charter and the potential for further expansion, I will examine the legal avenues through which the CJEU has extended the scope of application of EU fundamental rights in fields of state powers. While the latent pull of citizenship towards a more expansive application of the Charter has not been fully realized, the principle of effective judicial protection (Article 19(1) TEU) has recently shown potential for protection under EU law beyond the boundaries of the Charter. As will be argued, effective judicial protection may well become a doorway for full application of the Charter to the Member States. While such an outcome might currently seem politically unsound, I contend that a progressive case-by-case expansion of the applicability of the Charter to the Member States would be welcome from the standpoint of a robust notion of the rule of law in the EU.

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