Pro-Market Reform Sustainability and the Tool of 'Constitutionalization': Economic Rights as Fundamental Rights?

2010 ◽  
Author(s):  
Ioannis Glinavos
Keyword(s):  
Fundamental Rights ◽  
Market Reform ◽  
Economic Rights ◽  
Reform Sustainability

‘Handle with Care’ in StrasbourgThe Effective Access of Vulnerable Undocumented Migrants to Minimum Socio-economic Rights

2021 ◽  
pp. 138-156
Author(s):  
Francesca Ippolito ◽  
Carmen Pérez González
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Undocumented Migrants ◽  
Minimum Standard ◽  
Economic Rights ◽  
Irregular Migrants ◽  
Labour Exploitation ◽  
European Court ◽  
Global Understanding ◽  
Definition Of

This chapter aims to analyse how the European Court of Human Rights (ECtHR) has developed the protection of certain socio-economic rights of irregular migrants contributing to the consolidation of a minimum standard in this field. In particular, this chapter focuses on Strasbourg case law developments regarding rights to adequate housing, health care, and education, along with protection against labour exploitation and trafficking with the purpose of labour exploitation. Relevant contributions from other human rights bodies, particularly the European Committee of Social Rights (ECSR), will be also considered in order to conclude whether we can affirm the existence of a minimum core protections in this regard. The chapter concludes that international courts and non-judicial mechanisms are contributing to the definition of a shared global understanding of the centrality of human dignity in the quest to protect fundamental rights.

Judicial Review of Economic (and Monetary) Policy: The National Courts

2020 ◽  
pp. 245-285
Author(s):  
Menelaos Markakis
Keyword(s):  
European Central Bank ◽  
National Level ◽  
Fundamental Rights ◽  
Constitutional Court ◽  
Economic Rights ◽  
Social Challenges ◽  
National Courts ◽  
Federal Constitutional ◽  
German Federal Constitutional Court ◽  
German Federal Constitutional

This chapter examines the jurisprudence of national courts on crisis-related measures. The material presented in this chapter will be divided into two parts. First, this chapter will examine some of the most important judgments delivered by courts in lender states during the Euro crisis, the emphasis being on the jurisprudence of the German Federal Constitutional Court. These cases primarily focus on the effects of financial assistance mechanisms and revised EU fiscal governance rules on the principle of democracy, parliamentary prerogatives, and national budgetary powers. A further strand of case law focuses on the measures adopted by the European Central Bank. Second, this chapter will look at review by national courts in borrower states, the principal focus being on social challenges brought by austerity-hit litigants in Greece. The comparative analysis sheds light on the different types of challenge facing courts in borrower and lender states, as well as the different starting points and the subtle differences in the reasoning provided by courts in their judgments. As regards borrower states in particular, the twin challenge is to examine to what extent litigants had any success in challenging in national courts the bailout conditions; and the extent to which arguments about civil or socio-economic rights had purchase at national level. The chapter further looks at review by national courts in other jurisdictions, as well as review by supranational and international courts or bodies. Last, it puts forward a number of ideas on fundamental rights adjudication in times of economic crisis.

Social and Economic Rights as Fundamental Rights

2014 ◽  
Vol 62 (1) ◽  
pp. 561-587 ◽  
Author(s):  
Francesca Bignami ◽  
Carla Spivack
Keyword(s):  
Fundamental Rights ◽  
Economic Rights ◽  
Social And Economic Rights

Die Unionsgrundrechte unter dem Einfluss des Prozessrechts

2019 ◽  
Author(s):  
Stefan Drechsler
Keyword(s):  
Fundamental Rights ◽  
European Federation ◽  
Economic Rights ◽  
Procedural Law ◽  
Pure Chance ◽  
Judicial Practice ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Eu Fundamental Rights ◽  
The Eu

This book analyses the influence of the EU courts‘ procedural law on the EU fundamental rights doctrine, using the example of economic fundamental rights (Articles 15 and 16 of the European Charter of Fundamental Rights). Starting with the judicial practice of the past ten years, the distinction of the scope of various fundamental rights, the depth of scrutiny toward the Union legislator and the position of the economic fundamental rights in relation to other rights are examined. In doing so, the book illustrates the enormous – and heretofore far underestimated – relevance of procedural rules, the parties‘ strategies, and of pure chance for the European Court of Justice’s approach to fundamental rights. The book shows the potential for reform of the EU courts in order for them to meet the justified expectation of an informed and consistent case law on fundamental rights, and presents proposals for a framework of EU economic rights in the European federation.

The Additional Protocol to the European Social Charter Providing for a System of Collective Complaints

1997 ◽  
Vol 10 (1) ◽  
pp. 69-80 ◽  
Author(s):  
Markus Jaeger
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
Fundamental Rights ◽  
European Convention ◽  
Council Of Europe ◽  
Human Right ◽  
Economic Rights ◽  
Additional Protocol ◽  
Monitoring Mechanism ◽  
European Trade

The European Social Charter (ESC) was signed in 1961 and has been in force since 1965. Protecting 19 fundamental rights, it was conceived as the counterpart, in the field of social and economic rights, to the European Convention on Human Rights. However, it was considered to have several shortcomings as a human right instrument, namely a slow, confusing and government-controlled monitoring mechanism as well as a list of protected rights that was incomplete. This last criticism was partly met by the Additional Protocol to the Charter of 1988, which guaranteed four additional rights. However, an informal Ministerial Conference on Human Rights held in Rome on 5 November 1990 acknowledged that one had to go further. The ministers invited the Committee of Ministers of the Council of Europe to take the necessary steps for a detailed study of the role, content, and operation of the European Social Charter with a view to giving it a new impetus. In response, the Committee of Ministers authorized the convening of an ad hoc committee, the Committee on the European Social Charter (the so-called “Charte-Rel Committee”). It was instructed to make proposals for improving the effectiveness of the Charter and, in particular, the functioning of its supervisory machinery. In carrying out its task, the Committee consulted the international representatives of management and labour, including the European Trade Union Confederation (ETUC) and the Union of the Confederations of Industry and Employers of Europe (UNICE), as well as the International Labour Organization (ILO) at all stage.

scholarly journals Access to Artificial Intelligence for Persons with Disabilities: Legal and Ethical Questions Concerning the Application of Trustworthy AI

2021 ◽  
Vol 9 (1) ◽  
pp. 51-66
Author(s):  
Kristi Joamets ◽  
◽  
Archil Chochia ◽  
Keyword(s):  
Artificial Intelligence ◽  
Negative Impact ◽  
Positive Impact ◽  
Rapid Development ◽  
Fundamental Rights ◽  
Economic Rights ◽  
Persons With Disabilities ◽  
Ethical Implications ◽  
Law And Ethics ◽  
The Eu

Digitalisation and emerging technologies affect our lives and are increasingly present in a growing number of fields. Ethical implications of the digitalisation process have therefore long been discussed by the scholars. The rapid development of artificial intelligence (AI) has taken the legal and ethical discussion to another level. There is no doubt that AI can have a positive impact on the society. The focus here, however, is on its more negative impact. This article will specifically consider how the law and ethics in their interaction can be applied in a situation where a disabled person needs some kind of assistive technology to participate in the society as an equal member. This article intends to investigate whether the EU Guidelines for Trustworthy AI, as a milestone of ethics concerning technology, has the power to change the current practice of how social and economic rights are applied. The main focus of the article is the ethical requirements ‘Human agency and oversight’ and, more specifically, fundamental rights.

scholarly journals El modelo irlandés de protección de los derechos fundamentales

2020 ◽  
pp. 511
Author(s):  
Guillermo Escobar Roca
Keyword(s):  
International Law ◽  
Fundamental Rights ◽  
Economic Rights ◽  
Constitutional Review ◽  
Positive Elements ◽  
Recent Trends ◽  
Principle Of Proportionality ◽  
Spanish Model ◽  
Frequent Call

El modelo irlandés de derechos fundamentales resulta de utilidad para la comparación con España. Como elementos positivos que podrían inspirar una mejora de nuestro modelo pueden mencionarse: la apertura expresa y argumentada del catálogo de los derechos; un mecanismo institucional de declaración de incompatibilidad entre la ley nacional y el CEDH; el llamamiento frecuente al referéndum de reforma constitucional; y un sistema más accesible y menos politizado de control de constitucionalidad de las leyes. Como problemas comunes a ambos países, que manifiestan su retraso en relación con las tendencias recientes del Derecho internacional y de la doctrina, cabe mencionar: una resistencia a superar la concepción formal de la igualdad y a reconocer derechos fundamentales sociales, y un uso débil e incoherente del principio de proporcionalidad.The irish model of fundamental rights provides an interesting comparator for the Spanish model. Positive elements which could inspire an improvement of our model: the express development of unenumerated rights within the current catalog of rights; a statutory mechanism for declaration of incompatibility between national law and the ECHR; a frequent call to reform the constitution via a referendum process; and a more accessible and less politicized system of constitutional review of laws. Problems common to both countries, are the delay in implementation of recent trends in international law and doctrine; it is also worth mentioning: a resistance to overcoming the formal conception of equality and recognizing fundamental socio-economic rights, and a weak and incoherent use of the principle of proportionality.

The Parody Exception in Copyright Law

2019 ◽  
Author(s):  
Sabine Jacques
Keyword(s):  
Freedom Of Expression ◽  
The United States ◽  
Copyright Law ◽  
Fundamental Rights ◽  
Moral Rights ◽  
Artistic Expression ◽  
Economic Rights ◽  
The United Kingdom ◽  
Ultimate Objective ◽  
The Right

Parodies have been created throughout times and cultures. A glimpse at the judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody were rejuvenated but became unlawful. While copyright law grants exclusive rights to right-holders, these rights are not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the United States, and the United Kingdom. It is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights, and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve disputes where fundamental rights are in conflict.

Objectives and Values

2020 ◽  
pp. 75-93
Author(s):  
Vanessa Mak
Keyword(s):  
Fundamental Rights ◽  
Social Market Economy ◽  
Social Rights ◽  
European Contract ◽  
Economic Rights ◽  
Consumer Law ◽  
Charter Of Fundamental Rights ◽  
Normative Basis ◽  
Social Market ◽  
The Eu

This chapter delves into the substantive values that underlie contract and consumer law in the EU. It shows that lawmaking in European contract and consumer law is embedded within the ordoliberal ideology on which the EU internal market was founded, yet is shaped not only by economic rights but also by social rights. Those rights have a basis in Articles 2 and 3 of the Treaty on European Union (TEU), which ground European cooperation in the common pursuit of a ‘highly competitive social market economy’ — social justice, equality, amongst other values and objectives. While the balance between economic and social rights in this area is in flux, the EU Treaties in combination with secondary legislation, case law, and the EU Charter of Fundamental Rights circumscribe a framework of shared values and objectives within which a substantive deliberation between lawmaking actors can take place. The chapter argues, therefore, that the EU legal order has a normative basis that enables legal pluralist perspectives on lawmaking to go beyond procedural approaches.

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