The ‘puzzle’ of workers’ mobility in Italy

2020 ◽  
Vol 11 (1) ◽  
pp. 97-108
Author(s):  
Massimiliano Delfino
Keyword(s):  
European Union ◽  
Case Law ◽  
Political Agenda ◽  
The European Union ◽  
Transnational Mobility ◽  
Italian Case ◽  
Eu Directives ◽  
Italian Legislation ◽  
The Eu

In Italy, workers’ mobility is a very complicated puzzle that is composed of different pieces. This paper deals with such different pieces under the perspective of workers' mobility within the European Union and highlights that the term mobility is not a synonym of posting (of workers), since the latter term indicates only one of the types (although the most relevant) of workers’ mobility. The author starts with workers’ mobility within the national border and beyond the European Union. Then, he concentrates his attention on the Italian way of transposing the EU Directives on the transnational posting of workers, which is very problematic, especially with reference to the role of collective bargaining agreements. Special attention is dedicated to the issue of public policy where an important role is played by Italian case law, which is very interesting and not uniform. The paper ends with some predictions about the forthcoming Italian legislation concerning both national and transnational mobility, which will be possibly influenced by the domestic political agenda.

The Polluter Pays Principle in EU Climate Law: an Effective Tool before the Courts?

Climate Law ◽  
2020 ◽  
Vol 10 (1) ◽  
pp. 1-27
Author(s):  
Suzanne Kingston
Keyword(s):  
European Union ◽  
Legal Status ◽  
Potential Role ◽  
Case Law ◽  
Eu Law ◽  
The European Union ◽  
Polluter Pays Principle ◽  
Energy Law ◽  
The Eu

In EU law the polluter pays principle (ppp) enjoys constitutional status: Article 191(2) of the Treaty on the Functioning of the European Union (tfeu) enshrines it among the fundamental principles of the EU’s environmental policy. This article considers the legal status and development of the ppp in EU law, in the case law of the Court of Justice of the European Union (cjeu) and in EU policy, most recently in the EU’s Green New Deal. It goes on to identify three bodies of climate-related litigation where the ppp has been most influential to date: first, cases concerning the EU ets and emissions; second, cases concerning EU energy law; and third, cases concerning EU state-aid law. The conclusion reflects on the potential role of the ppp in other areas, including climate cases based on human and environmental rights, and climate cases brought against private parties.

“A Very Eden of the Innate Rights of Man”? A Marxist Look at the European Union Treaties and Case Law

1997 ◽  
Vol 22 (03) ◽  
pp. 581-618 ◽  
Author(s):  
Gustav Peebles
Keyword(s):  
European Union ◽  
Case Law ◽  
The European Union ◽  
Integration Process ◽  
Commodity Fetishism ◽  
Exchange Value ◽  
Eu Integration ◽  
European Court ◽  
The Eu

In this paper I approach the European Union Treaties (Rome and Maastricht) and the European Court of Justice's jurisprudence from a Marxist standpoint. I argue that the treaties and case law of the European Union (EU) revolve around the rights of things (commodities), rather than of people. People primarily gain rights within the EU by demonstrating that they embody exchange value and are therefore personified commodities; people are not accorded rights merely for being human. In essence, the treaties and case law have enshrined Marx's notion of commodity fetishism, which Marx asserted to be a social mystification, into transparent law. Focusing on the grand scheme of the treaties' jurisdiction in this manner also illuminates the role of the court as it struggles to balance the demands of capital's self-valorization with fundamental human rights. I then consider the consequences of this balancing act for the EU integration process. I argue that this phenomenon as a whole also carries implications for EU civil society and for notions of legal equality among persons.

scholarly journals EU as a human rights actor?

2018 ◽  
Vol 2 (2) ◽  
pp. 91-105
Author(s):  
Lucia Mokrá ◽  
Kristína Janková
Keyword(s):  
European Union ◽  
Human Rights ◽  
Foreign Policy ◽  
Fundamental Principle ◽  
Political Agenda ◽  
The European Union ◽  
European Union Law ◽  
External Relations ◽  
The Eu

The human rights are fundamental principle of the European Union law, which should be observed in adoption of legislative rules as well as in implementation practice. The EU had been initially founded as the economic cooperation project and an ambition to establish cooperation between its member states also in political agenda became more visible especially since the Lisbon Treaty, by which the position of EU in area of external relations was strengthened. The paper analyses position of the European Union when promoting and protecting human rights in external relations. As there exist several tools and mechanisms EU may use in implementation of human rights policy, we analyze the role of the EU in relation to the application of human rights in foreign policy as stated in Article 2 and Article 6 of the Treaty on European Union.

TERRITORIAL COHESION POLICY IN THE CONTEXT OF EU REGIONAL SECURITY

2019 ◽  
Vol 18 (Vol 18, No 4 (2019)) ◽  
pp. 439-453
Author(s):  
Ihor LISHCHYNSKYY
Keyword(s):  
European Union ◽  
Sustainable Development ◽  
Regional Security ◽  
The European Union ◽  
Cohesion Policy ◽  
Cross Border ◽  
Territorial Cohesion ◽  
Interregional Cooperation ◽  
The Eu

The article is devoted to the study of the implementation of territorial cohesion policy in the European Union in order to achieve a secure regional coexistence. In particular, the regulatory and institutional origins of territorial cohesion policy in the EU are considered. The evolution of ontological models of cohesion policy has been outlined. Specifically, the emphasis is placed on the key objective of political geography – effectively combining the need for "territorialization" and the growing importance of networking. The role of urbanization processes in the context of cohesion policy is highlighted. Cross-border dimensions of cohesion policy in the context of interregional cooperation are explored. Particular emphasis is placed on the features of integrated sustainable development strategies.

The promotion of security sector reform strategies: Comparing the roles of the European Union and Canada

2007 ◽  
Author(s):  
Antoine Vandemoorteele
Keyword(s):  
European Union ◽  
International Organizations ◽  
Policy Framework ◽  
The European Union ◽  
Security Sector Reform ◽  
Security Sector ◽  
Post Conflict ◽  
The Eu ◽  
Common Policy

This article analyzes the role of the European Union (EU) and Canada in the promotion of Security Sector Reforms (SSR) activities in two regional organizations, the Organization for Security and Cooperation in Europe (OSCE) and the North Atlantic Treaty Organization (NATO). The concept of SSR seeks to address the effective governance of security in post-conflict environment by transforming the security institutions within a country in order for them to have more efficient, legitimate and democratic role in implementing security. Recent debates within the EU have led to the adoption of an SSR concept from the Council and a new strategy from the European Commission on the SSR activities. Within the framework of the ESDP, the EU has positioned itself as a leading actor, in this domain, including in its crisis management operations. On the other hand, Canada, through its whole-of government and human security programs has also been an important actor in the promotion of SSR activities. Yet, even though several international organizations (including the United Nations, the OSCE and NATO) are effectively doing SSR activities on the ground, there does not exist a common framework within any of these organizations despite the role of the EU and Canada. As such, it is surprising to found no global common policy for SSR while this approach is precisely holistic in its foundations. Taking these elements into consideration, this paper analyzes two specific aspects : a) the absence of a common policy framework within international organizations and b) the major differences between the approaches of the OSCE and NATO in the domain of SSR and the implications for the EU and Canada’ roles.   Full extt available at: https://doi.org/10.22215/rera.v3i2.186

scholarly journals Jewish Perceptions of Antisemitism in the European Union, 2018: A New Structural Look

2020 ◽  
Vol 40 (2) ◽  
Author(s):  
Sergio DellaPergola
Keyword(s):  
European Union ◽  
Research Literature ◽  
The European Union ◽  
Research Issues ◽  
Similarity Structure ◽  
Methodological Problems ◽  
Prejudice And Discrimination ◽  
Anti Jewish ◽  
The Eu

AbstractThis paper aims at providing a new systemic contribution to research about perceptions of antisemitism/Judeophobia by contemporary Jews in 12 European Union countries. The perspective – the viewpoint of the offended side – has been less prominent relatively in research literature on antisemitism. The data analysis demonstrates the potential power of Similarity Structure Analysis (SSA) as a better theoretical and empirical tool to describe and conceptualize the contents of chosen research issues. After a brief review of some methodological problems in the study of antisemitism, this paper will re-elaborate data first published in the report of the 2018 FRA study Experiences and Perceptions of Antisemitism – Second survey on Discrimination and Hate Crimes against Jews in the EU (FRA 2018a). Topics include the perceived importance of antisemitism as a societal issue, the contents of anti-Jewish prejudice and discrimination, channels of transmission, perpetrators of offenses, regional differences within Europe, and the role of antisemitism perceptions as a component of Jewish identification. Special attention is paid to the distinction between cognitive and experiential perceptions of antisemitism, and to the typology of practical, populist, political, and narrative antisemitism.

scholarly journals Has the Action for Failure to Act in the European Union Lost its Purpose?

2014 ◽  
Vol 7 (2) ◽  
pp. 209-226 ◽  
Author(s):  
Inga Daukšienė ◽  
Arvydas Budnikas
Keyword(s):  
European Union ◽  
Judicial Review ◽  
Scientific Literature ◽  
Case Law ◽  
The European Union ◽  
Eu Legislation ◽  
Court Of Justice ◽  
Legal Remedy ◽  
The Eu

ABSTRACT This article analyzes the purpose of the action for failure to act under article 265 of the Treaty on the Functioning of the European Union (TFEU). The statements are derived from the analysis of scientific literature, relevant legislation, practice of the European Union Court of Justice (CJEU) and the European Union General Court (EUGC). Useful information has also been obtained from the opinions of general advocates of the CJEU. The article of TFEU 265, which governs the action for failure to act, is very abstract. For this reason, a whole procedure under the article 265 TFEU was developed by the EU courts. The original purpose of the action for failure to act was to constitute whether European Union (EU) institution properly fulfilled its obligations under the EU legislation. However, in the course of case-law, a mere EU institution’s express refusal to fulfill its duties became sufficient to constitute that the EU institution acted and therefore action for failure to act became devoid of purpose. This article analyzes whether the action for failure to act has lost its purpose and become an ineffective legal remedy in the system of judicial review in the EU. Additionally, the action for failure to act is compared to similar national actions.

«Where We Are Strong…»

2011 ◽  
pp. 44-57
Author(s):  
S. Pogorelskaya
Keyword(s):  
European Union ◽  
Euro Crisis ◽  
The European Union ◽  
Future Role ◽  
The Future ◽  
The Eu

The article describes the transformation of German policy towards the European Union after the reunification of Germany, German proposals to overcome the Euro crisis of 2010–2011 and the future role of Germany in the EU.

Neither here, not there: Bulgaria and Romania in current European politics☆

2004 ◽  
Vol 37 (4) ◽  
pp. 509-522 ◽  
Author(s):  
Victor D. Bojkov
Keyword(s):  
European Union ◽  
Regional Cooperation ◽  
Eu Enlargement ◽  
Political Transition ◽  
The Other ◽  
European Politics ◽  
The European Union ◽  
Southeast Europe ◽  
The Eu

The article analyses the process of EU enlargement with reference to the progress that Bulgaria and Romania have made within it. It is argued that leaving them out of the wave of accession finalised in May 2004 for ten of the candidate states, has placed them in a situation of double exclusion. Firstly, their geographical belonging to the region of Southeast Europe has been rendered non-essential by their advanced position within the EU enlargement process. Secondly, their achievement in economic and political transition has been removed from the progress of the ten states, which joined the EU in May 2004 by delaying the time of their accession. As a result, any efforts in regional cooperation and integration between Bulgaria and Romania on one hand, and other Southeast European states on the other, have been effectively cancelled. Moreover, in current European politics, the two countries have come to serve the unenviable role of exemplifying on the part of the European Union how progress is being awarded and hesitation punished.

Turkey and Europe: The Role of Migration

2013 ◽  
Vol 21 (3) ◽  
pp. 394-399
Author(s):  
Pieter Emmer
Keyword(s):  
European Union ◽  
Political Parties ◽  
The Netherlands ◽  
The European Union ◽  
Full Member ◽  
Turkish Immigrants ◽  
Eu Member States ◽  
The Difference ◽  
The Eu

In spite of the fact that negotiations have been going on for years, the chances that Turkey will eventually become a full member of the European Union are slim. At present, a political majority among the EU-member states headed by Germany seems to oppose Turkey entering the EU. In the Netherlands, however, most political parties are still in favour of Turkey's membership. That difference coincides with the difference in the position of Turkish immigrants in German and Dutch societies.

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