Solidarity’s reach

2017 ◽  
Vol 24 (5) ◽  
pp. 740-762 ◽  
Author(s):  
Violeta Moreno-Lax
Keyword(s):  
Fundamental Rights ◽  
Eu Law ◽  
Refugee Protection ◽  
Eu Integration ◽  
Functional Nature ◽  
The Common ◽  
External Dimension ◽  
Policy Fields ◽  
Practical Investigation ◽  
The Eu

Solidarity has a key role to play in the allocation of responsibility for refugee protection, as is implied by Article 80 TFEU. Yet, EU law fails to provide a definition and a clear indication of what it entails, especially as for its external reach. Against this background, this article embarks on a theoretical/practical investigation of the normative bases of ‘EU solidarity’. Building on a cosmopolitan vision, it unpacks the multi-polar/multi-functional nature of the concept, as a founding value and constitutional (meta-)principle of EU law. In such a guise, it will posit that solidarity gives rise to an (autonomous) primary law duty of responsibility sharing/good faith cooperation that requires ‘fairness’ and ‘respect for fundamental rights’, as a uniform/all-pervading structural command generally applicable across policy fields. So configured, solidarity governs intra/extra-EU relations (based on the principle of coherence). The institutional, material, and procedural aspects of solidarity are thus explored to distil its horizontal, vertical, and systemic facets. Combined, they arguably produce a triple duty of conduct, loyalty, and result that permeates EU integration as a whole, calling into question the self-serving approach currently guiding the Common European Asylum System’s (CEAS) ‘external dimension’, as exemplified by the EU-Turkey ‘deal’.

scholarly journals Ascertaining the ‘Guarantee of Guarantees’: Recent Developments Regarding the Infringement Procedure in the EU’s Rule of Law Crisis

2021 ◽  
pp. 207-236
Author(s):  
Matthias Schmidt ◽  
Piotr Bogdanowicz
Keyword(s):  
Rule Of Law ◽  
Critical Assessment ◽  
Fundamental Rights ◽  
Close Reading ◽  
Eu Law ◽  
The Rule Of Law ◽  
Recent Developments ◽  
Charter Of Fundamental Rights ◽  
The Common ◽  
The Eu

AbstractThis chapter builds on an assessment of infringement proceedings in the EU rule of law crisis that we previously published in the Common Market Law Review. We offer a close reading of two recent prominent infringement cases by the European Commission against Poland (cases C-619/18 and C-192/18). Noteworthy advancements in EU law made with them are in particular a clarification on the parallel use of Articles 7 TEU and 258 TFEU, the use of both interim relief and an expedited procedure prior to the judgment, and, as regards the merits, further substance for the functioning of Articles 19 TEU and 47 of the EU Charter of Fundamental Rights regarding the operationalisation of the rule of law in EU law. We offer a critical assessment of the Court’s findings and contextualise in light of two Commission communications on the rule of law published in 2019.

scholarly journals EU Data Protection Rules and the Lack of Compliance in Sweden

2020 ◽  
Vol 3 (2) ◽  
pp. 95-103
Author(s):  
Ester Herlin-Karnell
Keyword(s):  
Data Protection ◽  
Market Access ◽  
Personal Data ◽  
Fundamental Rights ◽  
The Internet ◽  
Eu Law ◽  
Private Data ◽  
External Dimension ◽  
The Right ◽  
The Eu

In this short reflection paper, I will set out to explain how and why Sweden breaches EU data protection rules. I will start by providing a brief overview of the EU data protection framework to paint the background picture. Thereafter I will discuss the scope for derogating from the obligations set out in the GDPR and thereby test the Swedish exception and show that it is not proportionate and undermines the purpose of the GDPR. Subsequently, I will discuss why some core fundamental rights of EU law should not be possible to derogate from, when as in the Swedish case it seems to boil down to economic question of who gets to own the data. I will conclude by linking the question of the right to data protection and why licenses should not give companies a carte blanche to publish personal data about people in Sweden to the question of market access. There is an imbalanced relationship here, to use the internal market vocabulary, with Swedish people having all their private data published online while other EU states do not do that. Likewise, there is an external dimension here: the data is available on the internet globally and therefore third countries also access it.

The EU Treaties and the Charter of Fundamental Rights

2019 ◽  
Keyword(s):  
Current Practice ◽  
Case Law ◽  
Fundamental Rights ◽  
Legal Service ◽  
Eu Law ◽  
Charter Of Fundamental Rights ◽  
Rights Offering ◽  
Law And Legislation ◽  
Fast Access ◽  
The Eu

This Commentary provides an article-by-article summary of the TEU, the TFEU, and the Charter of Fundamental Rights, offering a quick reference to the provisions of the Treaties and how they are interpreted and applied in practice. Written by a team of contributors drawn from the Legal Service of the European Commission and academia, the Commentary offers expert guidance to practitioners and academics seeking fast access to the Treaties and current practice. The Commentary follows a set structure, offering a short overview of the Article, the Article text itself, a key references list including essential case law and legislation, and a structured commentary on the Article itself. The editors and contributors combine experience in practice with a strong academic background and have published widely on a variety of EU law subjects.

9. European Union law and institutions

2021 ◽  
pp. 124-141
Author(s):  
Colin Faragher
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Eu Law ◽  
The European Union ◽  
European Union Law ◽  
Cooperation Agreement ◽  
The Status ◽  
Fundamental Rights And Freedoms ◽  
The Uk ◽  
The Eu

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the Treaty framework and sources of EU law as well as the institutions of the EU. It covers the legal background to the UK’s departure from the EU, the legal process through which the UK left the EU, the key provisions of the EU–UK Trade and Cooperation Agreement (2020), and the European Union (Future Relationship) Act 2020. This chapter also discusses the effect of the UK’s departure from the EU on the status of the sources of EU law and the effect of leaving the EU on the Charter of Fundamental Rights and Freedoms as well as failure to transpose a Directive into national law and the effect of leaving the EU on the Francovich principle.

Multilevel Constitutionalism and the Propertisation of EU Copyright

2021 ◽  
pp. 241-266
Author(s):  
Caterina Sganga
Keyword(s):  
Careful Analysis ◽  
Social Function ◽  
Fundamental Rights ◽  
Cultural Policies ◽  
The Social ◽  
Eu Copyright Law ◽  
The Common ◽  
Property Model ◽  
The Eu

This chapter examines the common mantra in contemporary scholarship that the constitutionalisation of copyright as property right has contributed to the reinforcement of its protection vis-à-vis other interests and rights, with distortive consequences on the already fragile copyright balance. In the EU, this fear has been reinforced by the language of Art 17(2) CFREU (‘intellectual property shall be protected’). However, the chapter argues that a more careful analysis proves this narrative wrong and simplistic because it ignores elements which could open the door to different interpretative results, where the classification of copyright under the umbrella of constitutional property may, instead, create internal limits to authors' exclusive rights and lead to their functionalisation to alternative goals chosen for the copyright system. It demonstrates how the property model stemming from the combination of common constitutional traditions and EU sources is not absolute, but carries the imprint of the social function doctrine, which limits property rights from inside their structure. The chapter then contends that a correct constitutional propertisation of EU copyright law would not tilt the balance between copyright and other fundamental rights, and that between copyright and the EU social and cultural policies but, rather, would but preserve and guide such balancing exercises.

11. EU International Relations Law

EU Law ◽  
2020 ◽  
pp. 367-429
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Climate Change ◽  
International Relations ◽  
International Terrorism ◽  
Eu Law ◽  
External Relations ◽  
Global Presence ◽  
Policy Fields ◽  
The Uk ◽  
International Representation ◽  
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 law on international relations. The area of external relations has become increasingly important in recent years, as the EU strives to enhance its global presence on issues such as trade, climate change, development, human rights, and international terrorism. Some of the crucial issues for the conduct of EU international relations are effective coordination across policy fields, coordination between the EU and the Member States, and coordination at the level of international representation. Consistency across and between policies has become a constitutional requirement of EU external relations. The UK version contains a further section analysing how far EU law concerning international relations impacts on the UK post-Brexit.

scholarly journals Revisiting patterns in EU regulatory social policy: (still) supporting the market or social goals in their own right?

2019 ◽  
Vol 65 (1) ◽  
pp. 59-82 ◽  
Author(s):  
Miriam Hartlapp
Keyword(s):  
Social Policy ◽  
Process Integration ◽  
Social Dimension ◽  
Eu Integration ◽  
Employment Conditions ◽  
Original Dataset ◽  
Main Driver ◽  
The Common ◽  
Open Question ◽  
The Eu

AbstractDespite the fact that economic concerns are the main driver of the EU integration process, integration does carry a substantial social dimension. Yet, it remains an open question whether this social dimension ‘only’ supports the market or whether goals such as social justice, solidarity and employment conditions are independent of or even work against goals of market efficiency. To address this question the paper presents an original dataset on all 346 binding EU social policy acts adopted since the Union’s founding. In a descriptive approach, I contrast instruments and dynamics in areas and subfields connected more closely to the common market with those more directly constituting a social dimension in its own right. On this basis, I argue that the shape of EU social policy has substantially changed, strengthening its market-supporting dimension while weakening policy focused on its social dimension. The paper opens up for discussion possible political dynamics driving these patterns.

4. EU Law: Sources, Forms, and Law-Making

2021 ◽  
pp. 94-140
Author(s):  
Nigel Foster
Keyword(s):  
Decision Making ◽  
Legal System ◽  
Legal Order ◽  
Fundamental Rights ◽  
Soft Law ◽  
Eu Law ◽  
The Rich ◽  
Alternative Decision ◽  
Law Making ◽  
The Eu

This chapter takes an overall view of the EU legal order and examines its legal system, including the elements which are either different from or similar to member states’ legal systems. It begins by taking an overall view of the EU legal order, the different forms of EU law, and the various sources of law contributing to this legal order, in particular now the rich source of human and fundamental rights in the EU legal order. It considers the non-strictly legally binding rules known as ‘soft law’. It also looks at the ways or processes by which the binding laws are made and reviews alternative decision-making and law-making developments.

10. EU International Relations Law

2015 ◽  
Author(s):  
Paul Craig ◽  
Gráinne de Búrca
Keyword(s):  
Climate Change ◽  
International Relations ◽  
International Terrorism ◽  
Eu Law ◽  
External Relations ◽  
Global Presence ◽  
Policy Fields ◽  
International Representation ◽  
The Eu ◽  
Academic Debate

All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter discusses EU law on international relations. The area of external relations has become increasingly important in recent years, as the EU strives to enhance its global presence on issues such as trade, climate change, development, human rights, and international terrorism. Some of the crucial issues for the conduct of EU international relations are effective coordination across policy fields, coordination between the EU and the Member States, and coordination at the level of international representation. Consistency across and between policies has become a constitutional requirement of EU external relations.

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