Race Discrimination and the European Union Anno 1996: From Rhetoric to Legal Remedy?

1996 ◽  
Vol 14 (2) ◽  
pp. 147-171 ◽  
Author(s):  
Deirdre Curtin ◽  
Mark Geurts
Keyword(s):  
European Union ◽  
Sex Discrimination ◽  
Ethnic Origin ◽  
Equal Treatment ◽  
The European Union ◽  
Member States ◽  
Unequal Treatment ◽  
Starting Point ◽  
Legal Competence ◽  
Third Country Nationals

The question of the legal competence of the EU to adopt binding measures to assist in combatting racial discrimination has traditionally not received much attention. The Treaty on European Union does not include a general prohibition of discrimination but only of (pay related) sex discrimination. Moreover, the Treaty provision outlawing discrimination on grounds of nationality has generally been interpreted as limited to discrimination between nationals of the Member States. For the rest, if anything, the Treaty provisions actually reinforce unequal treatment between the legal situation of migrants with the nationality of a Member State and ‘third country nationals’ (in particular the free movement of persons provisions and the definition of European Union citizenship, as introduced by the Maastricht Treaty). This not only risks feeding xenophobia, it is also an unacceptable starting-point to combat the disgraceful manifestations of racism in the territory of the Member States of the European Union. It is significant that in the run up to the Inter-Governmental Conference to amend the terms of the Treaty, a widely made proposal is to include a prohibition on discrimination on grounds inter alia of race and ethnic origin. A tandem proposal is to provide equal treatment for established third country nationals in certain respects. This article examines both the current situation (possible judicial and legislative approaches) as well as the desirable Treaty amendments.

Effective enforcement of EU labour law: A comparative example

2020 ◽  
Vol 11 (4) ◽  
pp. 403-412
Author(s):  
Michael Gotthardt
Keyword(s):  
European Union ◽  
Catholic Church ◽  
Fundamental Rights ◽  
Employment Relationship ◽  
Equal Treatment ◽  
European Convention ◽  
The European Union ◽  
Unequal Treatment ◽  
Procedural Law ◽  
Charter Of Fundamental Rights

The article looks at the outcome of the two legal proceedings in the Schüth and IR cases. In both cases employees of the Catholic Church – a choirmaster and organist in a Catholic parish and a trained physician working as Head of the Internal Medicine Department of a Catholic hospital - were dismissed because of the violation of the Basic Regulations on Employment Relationships in the Service of the Church. In the Schüth case Article 8 of the European Convention on Human Rights (ECHR), which protects the right to private and family life, had been violated. In the IR case the Charter of Fundamental Rights of the European Union and the Directive establishing a general framework for equal treatment in employment and occupation were applicable. The dismissal in IR was held to be unequal treatment in employment. But the outcome of both cases was very different. We find that Union law and in particular Article 47 of the Charter of Fundamental Rights of the European Union makes all the difference. In the Schüth case, the employment relationship was terminated and the claimant’s only consolation was a claim for damages from the State. In the IR case, on the other hand, the termination was declared invalid and the employment relationship continued, i.e. the head physician did not lose his job. The comparison of the cases demonstrates that European law, backed by Article 47 of the Charter of Fundamental Rights of the European Union, has not only permeated procedural law, it has also led to an increase in judicial reviews of substantive law which in the application of Union law is a far cry from a mere plausibility review.

Equal Treatment of Third-Country Nationals in the European Union: Why Not?

2019 ◽  
Vol 21 (1) ◽  
pp. 53-82
Author(s):  
Dáire McCormack-George
Keyword(s):  
European Union ◽  
Equal Treatment ◽  
Eu Law ◽  
The European Union ◽  
Public Authorities ◽  
The Eu ◽  
Third Country Nationals

Abstract This paper outlines an argument for the equal treatment of third-country nationals in the EU. The argument is in two parts. It argues, doctrinally, that the reasons in favour of treating third-country nationals equally are weighty. Second, it suggests that, politically, conceptually and sociologically, third-country nationals should generally be entitled to equal treatment, a guarantee which may be subject to specific exceptions. The reasons for such exceptions should be clearly stipulated by public authorities. The approach which emerges from this position should lead to a more coherent concept of equality emerging in EU law, something which should be amenable to European egalitarians.

scholarly journals Assessable learning outcomes for the EU Education and Training Framework core and Function A specific modules: Report of an ETPLAS WORKING Group

2020 ◽  
pp. 002367722096858
Author(s):  
Ismene A Dontas ◽  
Kenneth Applebee ◽  
Martje Fentener van Vlissingen ◽  
Viola Galligioni ◽  
Katerina Marinou ◽  
...  
Keyword(s):  
European Union ◽  
Learning Outcomes ◽  
Working Group ◽  
Mutual Recognition ◽  
Education And Training ◽  
The European Union ◽  
Member States ◽  
Starting Point ◽  
And Function ◽  
And Training

Article 23(2) of the European Union Directive 2010/63/EU, which regulates welfare provisions for animals used for scientific purposes, requires that staff involved in the care and use of animals for scientific purposes be adequately educated and trained before they undertake any such work. However, the nature and extent of such training is not stipulated in the Directive. To facilitate Member States in fulfilling their education and training obligations, the European Commission developed a common Education and Training Framework, which was endorsed by the Member States Competent Authorities. An Education & Training Platform for Laboratory Animal Science (ETPLAS) Working Group was recently established to develop further guidance to the Learning Outcomes in the Framework, with the objective to clarify the levels of knowledge and understanding required by trainees, and to provide the criteria by which these Learning Outcomes should be assessed. Using the Framework document as a starting point, assessment criteria for the Learning Outcomes of the modules required for Function A persons (carrying out procedures on animals) for rats, mice and zebrafish were created with sufficient detail to enable trainees, providers and assessors to appreciate the level of knowledge, understanding and skills required to pass each module. Adoption and utilization of this document by training providers and accrediting or approving bodies will harmonize introductory education and training for those involved in the care and use of animals for scientific purposes within the European Union, promote mutual recognition of training within and between Member States and therefore free movement of personnel.

Circular Migration between Fact and Fiction

2015 ◽  
Vol 17 (2-3) ◽  
pp. 184-209 ◽  
Author(s):  
Jan Schneider ◽  
Bernd Parusel
Keyword(s):  
European Union ◽  
Legal Framework ◽  
The European Union ◽  
Circular Migration ◽  
Member States ◽  
Political Actors ◽  
Clear Cut ◽  
Cross Border ◽  
Third Country Nationals

Political actors in the European Union and in the eu member states have arrived to maintain that managed circular migration can generate benefits both for the destination countries and for the countries of origin of the migrants. Despite the fact that Germany so far has barely engaged in fostering circular migration through distinct programmes, a not inconsiderable share of foreigners from third countries living in Germany today can be viewed as circular migrants. This paper takes an inventory of the extent and characteristics of such spontaneous back-and-forth cross border movements by providing a specific, clear-cut definition for circular migration and thus analysing stock data on third country nationals residing in Germany. Furthermore, we scrutinise the German legal framework with a view to its propensity to encourage patterns of circular migration.

scholarly journals Equality and Diversity Management Inside the Institutions of the European Union

2020 ◽  
Vol 12 (1) ◽  
pp. 223-240
Author(s):  
Silvia Manessi
Keyword(s):  
European Union ◽  
English Language ◽  
Diversity Management ◽  
Legal Framework ◽  
Equal Treatment ◽  
The European Union ◽  
Legal Provisions ◽  
Starting Point ◽  
Equality And Diversity ◽  
The Eu

The aim of this paper is to analyse the legal framework regulating the careers of civil servants working for the EU institutions and reveal how the values of equality and diversity are communicated and embedded in their daily lives. The research examines the English language used in the HR legal framework of the EU institutions and explores the linguistic aspects related to equality and diversity management and inclusive language. The starting point of this research is the idea that the European Union is based on the values of democracy, the rules of law and the equal treatment of its citizen, who are celebrated for their diversity. It is thus highly relevant to look at the EU in action and see if it is consistent in the understanding and application of these values. The methodological approach of this research entailed the creation and analysis of a unique corpus composed of all the applicable HR legal provisions in force within the EU institutions, and the examination of the linguistic features (word lists by frequency, concordances, collocations and lexical bundles) of the terminology related to four different areas of equality and diversity – the LGBTI community, gender, the elderly and persons with a disability – with the final aim to take stock of the related developments in the use of the English language. The results indicate that the language used in the EU HRM legal framework is not in line with the EU values of equality and diversity, and the research concludes with highlighting possible improvements of the language used in the corpus.

scholarly journals Equal treatment in agreements concluded between European Union and third countries

Ratio Juris ◽  
2020 ◽  
Vol 15 (30) ◽  
Author(s):  
Dimitris Liakopoulos
Keyword(s):  
European Union ◽  
European Integration ◽  
Legal Status ◽  
International Politics ◽  
Equal Treatment ◽  
The European Union ◽  
Economic Activities ◽  
Member States ◽  
Family Ties ◽  
Court Of Justice

The purpose of this work is to bring the legal status of third-country citizens closer to that of member states, as a different special regime according to the relative agreements concluded for certain categories of foreigners without disregarding the value of some elements of fact, such as residence, family ties, performance of specific economic activities or interests of international politics for respect of these obligations, with the not always uniform content that the union evidently had to entrust to member states a union of intent through “supervision" as well as the interpretation carried out by The Court of Justice of the European Union (CJEU) which has strongly reduced state's competences aiming at a European integration still in progress and especially after Brexit.

scholarly journals The European Union and Migration: An Interplay of National, Regional, and International Law

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 509-513
Author(s):  
Iris Goldner Lang
Keyword(s):  
European Union ◽  
International Law ◽  
The European Union ◽  
Member States ◽  
Global Migration ◽  
Eu Member States ◽  
The Law ◽  
Migration Law ◽  
The Eu ◽  
Third Country Nationals

If global migration law “includes all levels of the law,” then the European Union represents the most developed instance of the interplay of national, regional, and international law. Migration law in the European Union involves the interaction of EU Member States’ national laws, EU regional law, and international law. This complex interchange of different migratory legal regimes is the consequence of diverse, and sometimes conflicting, objectives and interests of the Union and its Member States, and the nature of EU law itself. This essay explores the impact of these three levels of the law on the four migratory regulatory categories—EU citizens, “desirable” third-country nationals, asylum seekers, and all other third-country nationals—and the three objectives associated with these categories. The predominance of one legal regime over another varies depending on the regulatory category of migrants and the objectives associated therewith. While describing the existing legal systems, the essay outlines their attributes and shortcomings, the most prominent being: a clear rift between the rights granted to EU citizens and to third-country nationals; EU Member States’ determination to reserve to their respective national territories a high level of national control over labor migration; and significant deficiencies of the EU asylum law which were brought to the surface by the recent refugee influx into the EU.

25. Equal Treatment and Non-Discrimination

EU Law ◽  
2020 ◽  
pp. 929-994
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
European Union ◽  
Ethnic Origin ◽  
Fundamental Rights ◽  
Equal Treatment ◽  
The European Union ◽  
Men And Women ◽  
Wide Range ◽  
Charter Of Fundamental Rights ◽  
The Uk ◽  
The Eu

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing students with a stand-alone resource. This chapter discusses EU anti-discrimination law, which, over the past decade and a half, has expanded significantly to cover a wide range of grounds and contexts. In addition to requiring equal treatment for women and men, the Treaty provides legislative competence to combat discrimination on a range of grounds. The Charter of Fundamental Rights, which has a chapter devoted to equality, has been incorporated into the EU Treaties. Article 21 of the Charter prohibits discrimination on any ground. Articles 8 and 10 of the Treaty on the Functioning of the European Union (TFEU) contain horizontal clauses requiring the EU to promote equality between men and women, and to combat discrimination based on certain grounds, namely sex, racial or ethnic origin, religion or belief, disability, age, or sexual orientation in all of its policies and activities. The UK version contains a further section analysing issues concerning EU discrimination law and the UK post-Brexit.

scholarly journals ADMINISTRATIVE AND LEGAL GROUNDS FOR DEPORTATION AND EXPULSION OF THIRD-COUNTRY NATIONALS FROM THE EUROPEAN UNION’S MEMBER STATES

2020 ◽  
pp. 5-17
Author(s):  
Yuriy Voloshyn ◽  
◽  
Nataliia Mushak ◽  
Keyword(s):  
European Union ◽  
The European Union ◽  
Illegal Migration ◽  
Member States ◽  
Legal Method ◽  
Key Issues ◽  
The Right ◽  
Legal Grounds ◽  
The Eu ◽  
Third Country Nationals

The purpose of the article is to highlight key issues related to the deportation and eviction ofthird-country nationals from the Member States of the European Union.The article covers the key issues related to the deportation and expulsion of third-country nationalsfrom the European Union’s member states. The research determines that within the European Union most of the issues related to the deportation and expulsion of third-country nationals fromthe EU territory and EU member states are classified as a common immigration policy.The study used a set of methods that defined its purpose and objectives. The authors used acomplex of general scientific and special scientific methods. The dialectical method of cognitionwas used in the analysis of legal relations that are developed within the EU and are in conditionsof continuous development and improvement. The historical and legal method provided anopportunity to investigate the practice of deportation by states at different stages of EU lawdevelopment. The comparative and legal method was used in comparison with the conditions ofdeportation in different European countries.The results of the article are determined by key provisions regulating the issue of deportationand eviction, which serve as legal measures in the fight against the EU and its member states withillegal migration.It has been established that deportation and expulsion serve as legal measures in the fight againstthe EU and its member states with illegal migration. It is emphasized that among the effectivemeans of combating illegal immigrants is the adoption by both the European Union and its MemberStates of the readmission agreements with third countries, which provide for the procedure ofsimplifying the return of persons who do not have legal grounds for staying in the territory of anEU member state, to the country of origin or transit, as well as solving problems related to thereturn procedure, formalizing the effective process of returning persons and preventing problemsin this in the field.The conclusions highlight that in most European countries, the issues of deportation and expulsionare regulated solely on the basis of national legislation, taking into account the standards andnorms of EU law. A number of documents that determine a safe third country have been analyzed.A safe third country is a country that guarantees the right of third-country nationals to apply forasylum.The research analyses the legal instruments of the European Union, which guarantee the right toasylum and provides for compliance with the principle of non-adoption. It is stated that no onecan be expelled or extradited to a state in which there is a serious danger that such a person maybe given a death penalty.There are legal grounds for non-resettlement, and individuals cannot be tortured or punished.

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