Implementation and Protection of Workers’ Fundamental Rights. Innovations in the Post-Lisbon Treaty Landscape

2014 ◽  
pp. 105-144
Keyword(s):  
Fundamental Rights ◽  
Lisbon Treaty

Direct Complaints of Individuals against Legal Acts Adopted by the European Union

2018 ◽  
pp. 302-327
Author(s):  
Wolfram Cremer
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Legal Systems ◽  
The European Union ◽  
Treaty Of Lisbon

This chapter states that, as opposed to most states, legal systems of different states of the European Union do not regulate the possibility of filing a constitutional complaint or a fundamental rights complaint against the European Union’s sovereign acts. However, individual complaints directly against the European Union’s sovereign acts are regulated in Article 263 para 4 of the Lisbon Treaty, and is complex as well as difficult to comprehend. According to this, a person’s standing especially requires an act to be of ‘direct and individual’ concern to him. Merely the prerequisites for taking legal actions against a ‘regulatory act’ are diminished since the Treaty of Lisbon came into force in 2009. The multifaceted jurisprudence of the union’s jurisdiction regarding this chapter is unfolded, systematized, and evaluated in this contribution.

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 “Europe Will Soon Be Lost to Political Correctness”

2020 ◽  
Vol 56 (3-4) ◽  
pp. 106-136
Author(s):  
Bojana Klepač Pogrmilović
Keyword(s):  
Cultural Change ◽  
Political Correctness ◽  
The United States ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
The European Union ◽  
Far Right ◽  
Official Document ◽  
Linguistic Engineering ◽  
The Eu

Political correctness (PC), a contemporary phenomenon imported from the United States, has continuously been targeted as one of the key reasons for current troubles the European Union (EU) is facing. Even more, some predict that PC will be the cause of the eventual demise of Europe. This article investigates the presence of the discourse of PC in the fundamental treaties of the EU to explore whether the EU is in danger of being lost to PC. In the first part, the key traits of the discourse on PC and multiculturalism as a dominant philosophy behind it, are presented. One of the key traits of PC is linguistic engineering that may be labelled as mild or radical. In the second part, the content of the EU treaties and the Charter of Fundamental Rights of the EU are analysed comparing three different versions of the Lisbon Treaty and the Charter, namely English, German, and Croatian. The third part is focused on the analysis of the guidelines: Gender-neutral language in the European Parliament, as the most politically correct official document of the EU. The analysis showed that a change with regards to the employment of the discourse of PC came with the Lisbon Treaty and the Charter and is based on mild linguistic engineering. The change in the EU’s legal discourse arose from a cultural change that occurred in some member states. Mild linguistic engineering should not be seen as a real threat to Europe but may be interpreted as a way of reshaping the EU’s core value of non-discrimination. On the other hand, an (in)attentive slip from mild into radical linguistic engineering may ignite the flourishing of the far-right and anti-EU movements that could lead to a serious destabilization of Europe.

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.

Chasing the European Court of Justice: On Some (Political) Attempts to Hijack the European Integration Process

2012 ◽  
Vol 14 (3) ◽  
pp. 243-272
Author(s):  
Giuseppe Martinico
Keyword(s):  
Fundamental Rights ◽  
Lisbon Treaty ◽  
The European Union ◽  
Acquis Communautaire ◽  
Revision Process ◽  
Court Of Justice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
State Interference ◽  
The Eu

Abstract This article gives some examples of State interference in the interpretative activity of the Court of Justice of the European Union (ECJ), looking at the 1990s, at the more recent past and, finally, at the clauses introduced by the Lisbon Treaty, which represents the latest link in the “semi-permanent Treaty revision process” (de Witte). The article is divided into three parts: the first part will introduce the peculiarities of the ECJ’s interpretative activity, briefly recalling the debate on the specificity of the interpretation of EU law. The second part will be devoted to some recent and less recent attempts to hijack of the acquis communautaire (“the past”), while the third part will focus on the recent novelties introduced by the Lisbon Treaty and on the Charter of Fundamental Rights of the EU (EUCFR) and its explanations (“the future”). Finally, some concluding remarks will be presented at the end of the article.

Are We There Yet?: the Impact of the Lisbon Treaty on the EU Children's Rights Agenda

2011 ◽  
Vol 19 (3) ◽  
pp. 381-403 ◽  
Author(s):  
Helen Stalford ◽  
Mieke Schuurman
Keyword(s):  
Implementation Process ◽  
Children's Rights ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Children’S Rights ◽  
Diverse Range ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
Research Initiatives ◽  
The Impact

AbstractThe EU's Lisbon Treaty presents the most important opportunity for the development of children's rights since the EU's existence. This article sets out the broader constitutional changes made that are of relevance to children and the implications of changes to the legislative procedure, including a discussion on whether the new Citizens' Initiative might be exploited as a lobbying tool for specific children's rights issues and its relation to the right of children to participate. The impact of the EU's enhanced fundamental rights agenda on children's rights is assessed, including the Charter of Fundamental Rights, the General Principles of EU Law and the ECHR. In addition, the Lisbon Treaty presents new opportunities for integrating children's rights into all stages of the decision-making and implementation process. It also provides sharper tools to develop adequate non-legislative responses to the diverse range of needs that children have, such as policy, budgetary and research initiatives.

Rights

2018 ◽  
Author(s):  
Paul Craig
Keyword(s):  
Fundamental Rights ◽  
Lisbon Treaty ◽  
The Status ◽  
Charter Of Fundamental Rights

The Lisbon Treaty rendered the Charter of Fundamental Rights legally binding, thereby resolving an issue that had been left open since the Charter was initially drafted almost a decade earlier. The discussion begins with a brief account of the evolution of fundamental rights in the EC, followed by the genesis and drafting of the Charter. The status accorded to the Charter in the Lisbon Treaty is examined, as is the EU’s obligation to accede to the ECHR.

The Entry into Force of the Lisbon Treaty: The European Union in Retrospect and Prospect

2012 ◽  
Vol 49 ◽  
pp. 265-290
Author(s):  
Avinash Sharma
Keyword(s):  
European Union ◽  
International Law ◽  
Security Policy ◽  
Fundamental Rights ◽  
Lisbon Treaty ◽  
Foreign Affairs ◽  
The European Union ◽  
History Of ◽  
The Eu

SummaryThe history of European integration unmistakably shows that it has progressed step by step and is indeed an ongoing and irreversible process. One such step is the conclusion of the Lisbon Treaty, which came into force on 1 December 2009, following negotiations spanning nearly a decade. The treaty aims, inter alia, at improving the functioning of the European Union (EU) and significantly amends the treaty basis of the EU as a supranational organization. It formally establishes the EU as a legal entity under public international law, strengthens the role of the European Parliament, and significantly reforms the role of the high representative of the union for foreign affairs and security policy. Moreover, the treaty has made the EU Charter on Fundamental Rights a legally binding and enforceable instrument and has expanded the competences of the EU in the fields of trade and other external commercial relations by providing it with exclusive competence to conduct the EU’s Common Commercial Policy. The author reviews these and other innovations of the Lisbon Treaty and briefly evaluates the treaty and its implications for the EU.

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