scholarly journals The European Union and the absence of fundamental rights in the Eurozone: A critical perspective

2017 ◽  
Vol 24 (3) ◽  
pp. 567-589 ◽  
Author(s):  
Robert Pye
Keyword(s):  
European Union ◽  
European Integration ◽  
Fundamental Rights ◽  
Institutional Framework ◽  
Integration Theory ◽  
Social Rights ◽  
The European Union ◽  
Critical Perspective ◽  
Charter Of Fundamental Rights

Despite the development of fundamental rights mechanisms in the European Union, including the Charter of Fundamental Rights, the governance of the Eurozone has led to policies that have undermined basic social rights. The purpose of this article is to explain why it is that the European Union has been able to act in this manner despite the assurances supposedly enshrined in its own rights guarantees. To do this, recent advancements in critical integration theory that posit European integration as the outcome of competing hegemonic projects are drawn upon. The construction of fundamental rights is conceptualised within the context of the institutional framework of the European Union and the current dominant neoliberal project. It is argued that the process of construction of rights has led to a highly restrictive understanding of what the concept of fundamental rights entails in the European Union. This has allowed European Union institutions to rhetorically commit to rights while simultaneously acting to undermine rights in practice.

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.

The Freedom to Conduct a Business in the EU, Its Limitations and Its Role in the European Legal Order: A New Engine for Deeper and Stronger Economic, Social, and Political Integration

2013 ◽  
Vol 14 (9) ◽  
pp. 1867-1888 ◽  
Author(s):  
Andrea Usai
Keyword(s):  
European Union ◽  
European Integration ◽  
Social Economic ◽  
Legal Order ◽  
Fundamental Rights ◽  
Political Integration ◽  
The European Union ◽  
Charter Of Fundamental Rights ◽  
The Right ◽  
The Eu

This paper examines the role and importance of the freedom to conduct a business enshrined in Article 16 of the Charter of Fundamental Rights of the European Union (CFR). With the entry into force of the Lisbon Treaty, the CFR became legally binding, gaining the same legal value as the Treaties. It will be argued here that Article 16 CFR, which recognizes the right to economic initiative, can be an important force for European integration by acting as a new engine of European social, economic, and political integration. That said, Article 16 should be read bearing its limitations in mind.

scholarly journals Towards More Resilience for a Social EU – the Constitutionally Conditioned Internal Market

2017 ◽  
Vol 13 (04) ◽  
pp. 611-640 ◽  
Author(s):  
Dagmar Schiek
Keyword(s):  
European Union ◽  
Social Integration ◽  
Economic Justice ◽  
Internal Market ◽  
Fundamental Rights ◽  
Social Rights ◽  
The European Union ◽  
The Social ◽  
Charter Of Fundamental Rights ◽  
Integration Project

Gap between the EU’s normative commitments to socio-economic justice and the practical workings of its integration project -- Potential for strengthening the social EU by recourse to the Charter of Fundamental Rights of the European Union – Charter normatively commits EU to a constitutionally conditioned Internal Market – Charter curbs property rights and entrepreneurial freedom specifically for the sake of social rights guarantees – Constructive response to legitimacy dilemmas emerging from cases such asLaval,VikingandAGET Iraklis– Reinstating socially embedded constitutionalism at EU levels as an alternative to relegating social integration to national levels

scholarly journals Protection of Social Rights as a Permament Challenge for the European Union

2021 ◽  
Vol 46 (3) ◽  
pp. 109-143
Author(s):  
Joanna Ryszka
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
Social Rights ◽  
The European Union ◽  
Significant Development ◽  
Rights Protection ◽  
Eu Integration ◽  
The Social ◽  
Charter Of Fundamental Rights ◽  
The Eu

Social rights protection in the European Union has undergone significant development. Currently their protection is regulated by relevant treaty provisions and the Charter of Fundamental Rights (Charter), both of a primary law nature, as well as by the non-binding European Pillar of Social Rights (Pillar). The aim of the paper is the assessment of the social rights protection in the EU, and whether all social rights provided in the CFR have their counterparts in the EPSR, hence whether and in what way the EPSR assists the actual exercise of social rights provided by the CFR. Comparing the content of the above-mentioned legal instruments makes it possible to answer the question whether all social rights provided in the Charter have their counterparts in the Pillar. This can help determine whether the latter affects the implementation of the former. If the answer is in the affirmative, it can further allow for determining in what way the principles of the Pillar assist in the actual exercise of social rights provided by the Charter. This is very important taking into account the need for an ongoing response to unforeseen threats, like for example COVID-19. The social aspects of EU integration thus are and will remain a subject of interest in the nearest future.

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.

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