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.

scholarly journals Hungary and the Indirect Protection of EU Fundamental Rights and the Rule of Law

2013 ◽  
Vol 14 (10) ◽  
pp. 1959-1979 ◽  
Author(s):  
Mark Dawson ◽  
Elise Muir
Keyword(s):  
European Union ◽  
Rule Of Law ◽  
Central Place ◽  
Fundamental Rights ◽  
The European Union ◽  
Far Right ◽  
The Rule Of Law ◽  
Fundamental Values ◽  
Eu Fundamental Rights ◽  
The Eu

According to Article 2 of the Treaty on European Union, the European Union is a political and economic union founded on a respect for fundamental rights and the rule of law, referred to hereafter as EU fundamental values. The central place of this commitment in the EU Treaties suggests a founding assumption: That the EU is a Union of states who themselves see human rights and the rule of law as irrevocable parts of their political and legal order. Reminiscent of the entry of Jorg Haider's far-right Freedom Party into the Austrian government in 2000, the events of 2012 have done much to shake that assumption; questioning both how interwoven the rule of law tradition is across the present-day EU, and the role the EU ought to play in policing potential violations of fundamental rights carried out via the constitutional frameworks of its Member States. Much attention in this field, much like the focus of this paper, has been placed on events in one state in particular: Hungary.

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.

The European Union and the Globalisation of Criminal Law

2010 ◽  
Vol 12 ◽  
pp. 337-407 ◽  
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Criminal Law ◽  
Task Force ◽  
The United States ◽  
Fundamental Rights ◽  
The European Union ◽  
Post Cold War ◽  
External Context ◽  
European Values ◽  
The Impact ◽  
The Eu

AbstractIn the new post-Cold War security era, there is a perception that the nature of cross-border security threats has changed. The need to respond to these new threats has led to a proliferation of multilateral international and regional treaties in this area, as well as unilateral demands made by the United States post-9/11. We have, then, seen a process of globalisation of criminal law, a field traditionally linked to State sovereignty. This chapter examines, first, EU action with regard to UN multilateral conventions and the impact of those conventions on internal EU law, as well as the impact of EU action within the framework of the regional treaties of the Council of Europe; secondly, the interrelationship between Union law and the global production of norms in criminal matters by the UN Security Council and by the Financial Action Task Force; thirdly, bilateral cooperation between the EU and the US, in particular in connection with the transfer of Passenger Name Records data; fourthly, the question of compliance by the EU in this area, in both the internal and the external context; and, fifthly, the Court of Justice’s approach to the protection of fundamental rights when global criminal law is engaged. The EU has managed to take centre stage in international developments in the field of global criminal law through a clear commitment to multilateral negotiations as well as a clear political will to implement at the Union level norms agreed internationally without a high degree of transparency. The Court of Justice has also been reluctant to overturn Union security decisions in the name of fundamental rights. The coming into force of the Lisbon Treaty will eliminate some complexity in this area, but not all, and it still remains to be seen whether in the process of globalisation of criminal law the European values proclaimed in Article 2 of the new EU Treaty will be promoted or compromised.

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.

The European Union and the Globalisation of Criminal Law

2010 ◽  
Vol 12 ◽  
pp. 337-407
Author(s):  
Valsamis Mitsilegas
Keyword(s):  
Criminal Law ◽  
Task Force ◽  
The United States ◽  
Fundamental Rights ◽  
The European Union ◽  
Post Cold War ◽  
External Context ◽  
European Values ◽  
The Impact ◽  
The Eu

Abstract In the new post-Cold War security era, there is a perception that the nature of cross-border security threats has changed. The need to respond to these new threats has led to a proliferation of multilateral international and regional treaties in this area, as well as unilateral demands made by the United States post-9/11. We have, then, seen a process of globalisation of criminal law, a field traditionally linked to State sovereignty. This chapter examines, first, EU action with regard to UN multilateral conventions and the impact of those conventions on internal EU law, as well as the impact of EU action within the framework of the regional treaties of the Council of Europe; secondly, the interrelationship between Union law and the global production of norms in criminal matters by the UN Security Council and by the Financial Action Task Force; thirdly, bilateral cooperation between the EU and the US, in particular in connection with the transfer of Passenger Name Records data; fourthly, the question of compliance by the EU in this area, in both the internal and the external context; and, fifthly, the Court of Justice’s approach to the protection of fundamental rights when global criminal law is engaged. The EU has managed to take centre stage in international developments in the field of global criminal law through a clear commitment to multilateral negotiations as well as a clear political will to implement at the Union level norms agreed internationally without a high degree of transparency. The Court of Justice has also been reluctant to overturn Union security decisions in the name of fundamental rights. The coming into force of the Lisbon Treaty will eliminate some complexity in this area, but not all, and it still remains to be seen whether in the process of globalisation of criminal law the European values proclaimed in Article 2 of the new EU Treaty will be promoted or compromised.

scholarly journals Tarcza Prywatności UE–USA po kolizji w „bezpiecznej przystani”. Zakres ochrony prywatności po wyroku w sprawie C-362/14 Schrems

2017 ◽  
Vol 107 ◽  
pp. 181-193
Author(s):  
Sylwia Majkowska-Szulc
Keyword(s):  
Data Transfer ◽  
Essential Element ◽  
Personal Data ◽  
The United States ◽  
Fundamental Rights ◽  
The European Union ◽  
Transatlantic Trade ◽  
Trading Partners ◽  
Charter Of Fundamental Rights ◽  
The Eu

EU–U.S. PRIVACY SHIELD AFTER A COLLISION IN THE “SAFE HARBOUR”. THE SCOPE OF PRIVACY PROTECTION AFTER THE JUDGEMENT IN THE C-362/14 SCHREMS CASETransfer of personal data is an essential element of the transatlantic trade relationship, because the EU and the United States are for each other the most important trading partners. Data transfers increasingly form an integral part of their commercial exchanges. The Court of Justice of the European Union ruling of 6 October 2015 in case C-362/14 Schrems reaffirmed the importance of the fundamental right to the protection of personal data, as enshrined in the Charter of Fundamental Rights of the EU, including the situation when such data are transferred outside the EU. In the wake of the hereinabove judgement the transatlantic data transfer has been regulated anew. European Commission has launched EU-U.S. Privacy Shield in order to ensure stronger protection for transatlantic data flows. This article aims to analyse the importance and results of the above-mentioned judgement.

scholarly journals Stany Zjednoczone Europy czy Unia Amerykańska?

2018 ◽  
pp. 21-27
Author(s):  
Michał Kuź
Keyword(s):  
United States ◽  
European Union ◽  
Political Culture ◽  
Federal Republic ◽  
The United States ◽  
Lisbon Treaty ◽  
The European Union ◽  
The Us ◽  
Similarities And Differences ◽  
The Eu

The paper compares several selected aspects of political culture in the US and in the EU, and presents the fundamental ideas that have led to the emergence of these two federal political bodies, as according to Montesquieu’s typology, both the EU and the US are federal republics. The similarities and differences become even more apparent when comparing the Constitution of the United States and the Lisbon Treaty, which is to constitute the constitutional foundation of the European Union. Such a comparison reveals that the EU and the US are divided by a dialectical difference. This means that these two political constructs apply diametrically opposite solutions to essentially similar political problems. Theoreticians continue to discuss which model of federal republic is better, and whether the EU will have to adopt American solutions, or whether the US will europeanize itself. The author attempts to present the arguments of both sides in this discussion. In his opinion, though, either the EU will experience a breakthrough comparable to the Philadelphia Convention, or will face ultimate disintegration.

DEVELOPMENT TRENDS AND PROSPECTS OF ECONOMIC AND TRADE COOPERATION BETWEEN CHINA AND UKRAINE

2018 ◽  
Vol 2018 (6) ◽  
pp. 3-12
Author(s):  
Zhang DONGYANG ◽  
Keyword(s):  
Free Trade ◽  
Bilateral Trade ◽  
The United States ◽  
Economic Cooperation ◽  
Free Trade Zone ◽  
Asia Pacific ◽  
Economic Downturn ◽  
The European Union ◽  
Association Agreement ◽  
The Eu

The status and prospects of development of trade and economic relations between Ukraine and China are considered. It is proved that bilateral cooperation in the trade and economic sphere has made significant progress. In 2012–2017, China was the second largest trading partner of Ukraine after Russia. However, the problem of imbalance in imports and exports between Ukraine and China has not yet been resolved. In addition, the scale and number of projects in which Ukraine attracts Chinese investment is much less than investments from European countries and the United States. It is justified that trade and economic cooperation between Ukraine and China is at a new historical stage. On the one hand, Ukraine signed the Association Agreement with the European Union, and on January 1, 2016, the rules of the free trade zone between Ukraine and the EU entered into force. This helps to accelerate the integration of Ukrainian economy into European one. On the other hand, the global economic downturn requires the introduction of innovations in the model of cooperation. The Chinese initiative “One belt is one way” is one of the variants of the innovation model of cooperation. Its significance is to unite the Asia-Pacific region with the EU in order to join the Eurasian Economic Union, create a new space and opportunities for development and achieve prosperity with the Eurasian countries. All this forms unprecedented opportunities for development of bilateral economic and trade relations. It seems that to fully open the potential of Ukrainian economy and expand bilateral trade and economic cooperation, it is necessary to take into account such proposals as the establishment of the Sino-Ukrainian industrial park, the promotion of cooperation in the field of electronic commerce, the formation of the Sino-Ukrainian free trade zone and enhanced interaction within multilateral mechanisms (for example, the Shanghai Cooperation Organization and the interaction of China and the countries of Central and Eastern Europe in the 16 + 1 format).

EU Health Law & Policy

2019 ◽  
Author(s):  
Anniek de Ruijter
Keyword(s):  
Public Health ◽  
Health Care ◽  
Human Health ◽  
Fundamental Rights ◽  
The European Union ◽  
Health Issues ◽  
Division Of Powers ◽  
Legal Principle ◽  
Legal Competence ◽  
The Eu

This book describes the expansion of EU power in health care and public health and analyses the implications of this expansion on EU health values and rights. The main conclusion of the book is that the EU is de facto balancing fundamental rights and values relating to health, implicitly taking on obligations for safeguarding fundamental rights in the field of health and affecting individuals’ rights sometimes without an explicit legal competence to do so. This brings to light instances where EU health policy has implications for fundamental rights and values without the possibility to challenge the exercise of power of the EU in human health. This begs the question of whether subsidiarity is still the most relevant legal principle for the division of powers and tasks among the Member States, particularly when EU policy and law involves the politically sensitive areas of health care and public health. This question draws out the parameter for continuing the debate on the role of the European Union in promoting its own values and the wellbeing of its peoples, in light of its ever-growing role in human health issues.

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