scholarly journals The Legal Status of “Migrants” according to the European Union Legislation

2021 ◽  
Vol 9 (2) ◽  
pp. 105-123
Author(s):  
Nicolae V. Dură
Keyword(s):  
European Union ◽  
Legal Status ◽  
Global Solutions ◽  
Social Rights ◽  
The European Union ◽  
The Social ◽  
Universal Human Rights ◽  
European Union Legislation ◽  
Jus Cogens ◽  
International Instruments

Given that “migration” is a global phenomenon, the international community as a whole had to provide it with a legal basis and to find global solutions, as proven à l’évidence by both the international and the European legislation and the “Global Compact for Migration” approved by the European Council. As is well known, the European Union legislation consists of the texts of its official instruments, such as conventions, treaties, declarations, etc., in which we also find, in fact, the principles stated in the international instruments, which have, indeed, the force of jus cogens for all the states of the world, concerning the universal human rights, including, thus, the rights of the migrants. However, even in terms of their policy regarding migrants, the member states of the European Union have not only applied the principles stated in these international instruments, but they also have enacted a special legislation, and they have taken concrete measures for the implementation of its rules. In the present article I offer the reader the possibility to become acquainted not only with the text of the legislation of the European Union regarding migrants, but also with the policy and the actions taken by the European states for the implementation of the international legislation, and of the European one regarding the social rights of the migrants as workers.

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.

21. Free movement: social rights

2020 ◽  
pp. 507-528
Author(s):  
Marios Costa ◽  
Steve Peers
Keyword(s):  
European Union ◽  
Social Security ◽  
Free Movement ◽  
Social Rights ◽  
The European Union ◽  
Court Of Justice ◽  
The Social ◽  
Free Movement Of Workers

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for those migrants who are economically active. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38) and Regulation 492/2011 on the free movement of workers, the chapter deals briefly with the provisions relating to social security and EU citizenship.

SOCIAL RIGHTS OF THE POLES IN THE UNITED KINGDOM AFTER BREXIT

2020 ◽  
Vol 556 (7) ◽  
pp. 12-17
Author(s):  
Paweł Kaleta
Keyword(s):  
European Union ◽  
United Kingdom ◽  
Great Britain ◽  
Northern Ireland ◽  
Transition Period ◽  
Point Of View ◽  
Social Rights ◽  
The European Union ◽  
The United Kingdom ◽  
The Social

Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union (Brexit) has definitely been bringing various consequences in the field of social security. It is therefore worthwhile to analyse it from the point of view of the social rights of Poles residing in the United Kingdom (as well as, in a comparative and auxiliary manner, of the British residing in Poland), following the formal conclusion of the withdrawal. The article therefore synthetically presents this current, post-Brexit situation, taking into account the ongoing transition period as well as the perspective of negotiations on the possible agreement(s) on future EU-UK relations. Notably, the rights in question have been preserved in the transition period, but their status afterwards remains open.

23. Free movement: social rights

2017 ◽  
Author(s):  
Lorna Woods ◽  
Philippa Watson ◽  
Marios Costa
Keyword(s):  
European Union ◽  
Social Security ◽  
Free Movement ◽  
Social Rights ◽  
The European Union ◽  
Court Of Justice ◽  
The Social

This chapter examines the social rights that arise as part of free-movement rights under Articles 21, 45, 49 and 59 of the Treaty on the Functioning of the European Union (TFEU). It highlights the extensive interpretation given by the Court of Justice (CJ) to these rights ensuring equality of treatment for migrants. As well as dealing with the provisions in the Citizens’ Rights Directive (CRD) (Directive 2004/38), it deals briefly with the provisions relating to social security.

scholarly journals Overview of recent cases before the court of justice of the European Union (April−September 2017)

2017 ◽  
Vol 19 (4) ◽  
pp. 353-362
Author(s):  
Anne Pieter van der Mei
Keyword(s):  
European Union ◽  
Financial Crisis ◽  
Social Security ◽  
Case Law ◽  
Social Rights ◽  
The European Union ◽  
Binding Effect ◽  
Court Of Justice ◽  
The Social ◽  
Third Country Nationals

This contribution presents an overview of the case law of the Court of Justice of the European Union in the period April–September 2017 on social security matters. The relevant rulings concern first and foremost the rules determining the applicable legislation as enshrined in Regulation 883/2004 and Regulation 1408/71. In addition, the Court of Justice has delivered important rulings concerning posted worker and the binding effect of A1 certificates, the social security rights of third country nationals holding a single-permit and the protection of social rights in the context of financial crisis and austerity measures.

scholarly journals TELEPRACA JAKO PRZEDMIOT POROZUMIENIA RAMOWEGO Z DNIA 16 LIPCA 2002 R.

2017 ◽  
Vol 8 (1) ◽  
pp. 205
Author(s):  
Sylwia Karbowska
Keyword(s):  
European Union ◽  
Legal Status ◽  
Historical Background ◽  
The European Union ◽  
Framework Agreement ◽  
The Social ◽  
Social Partners ◽  
The Subject ◽  
Definition Of

Telework as the Subject of the Framework Agreement Dated 16 July 2002SummaryThis article deals with the rules of conducting a telework that were approved by the social partners at the European Union level in a form of an autonomous agreement.The first chapter describes the recent changes in work environment, including a dynamic development of modern information and telecommunication technologies, which have enabled an introduction of more flexible solutions to the organization of work a telework being one of them. It shows the circumstances in which the idea of a telework emerged as well as the increase in its popularity in the world.The second chapter covers the historical background of concluding the Framework Agreement on a telework in the light of the social dialogue development at the level of European Union’s institutions. The consultancy procedure for the social partners defined in the articles 137-139 of the Treaty Establishing the European Community was mentioned as the basis for concluding the autonomous agreements. The legal status of the Framework Agreement is also clarified therein.The third chapter describes the solutions adopted by the Framework Agreement, including a definition of a telework incorporating its internal differentiation, features of teleworking as well as the rules of conducting the telework according to European social partners.In the final chapter, the author raised the issue of implementing the rules of the Framework Agreement in selected countries of the European Union and emphasised the difficulties that have emerged.

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 Los derechos sociales en la Constitución y el juez de Luxemburgo

2017 ◽  
pp. 145-169
Author(s):  
Marc CARRILLO
Keyword(s):  
European Union ◽  
Social Rights ◽  
The European Union ◽  
Multilevel System ◽  
Social Field ◽  
Reference Procedure ◽  
Rights Protection ◽  
Court Of Justice ◽  
The Social ◽  
El Sistema

LABURPENA: Eskubide sozialak Konstituzioan aitortzeak arazo bat mahairatzen du: haien eraginkortasun juridikoa. Gehienetan, konstituzio-printzipio orokor batzuetatik abiatuta edukia zehaztera datorren legearen arabera egongo dira bermaturik. Europan dugun sisteman, eskubideak maila anitzetan egonik bermaturik, Europar Batasuneko Justizia Auzitegiak zeresan handia du. Bada, epaiketa aurreko auzirako prozedura bitarteko, estatuko epaileak eta Batasunekoak badute mintzabide bat konstituzio-epailea bazter batean uzten duena eskubide sozial batzuen babesean. RESUMEN: El reconocimiento constitucional de los derechos sociales plantea el problema de su eficacia jurídica. En la mayoría de los casos, su garantía depende de la ley que concreta su contenido a partir de unos genéricos principios constitucionales. En el sistema europeo de garantía multinivel de los derechos, el Tribunal de Justicia de la Unión Europea desarrolla un importante papel. A este respecto, el procedimiento de la cuestión prejudicial permite un diálogo entre el juez nacional y el juez de la Unión que desplaza al juez constitucional en la protección de algunos derechos del ámbito social. ABSTRACT: The constitutional recognition of social rights raises the problem of their legal effectiveness. In most cases, their guarantee depends on the law that specifies their content based on generic constitutional principles. In the European multilevel system of rights protection, the Court of Justice of the European Union plays an important role. In this regard, the preliminary reference procedure allows a dialogue between the national judge and the judge of the Union that displaces the constitutional judge in the protection of some rights in the social field.

The Social Dimension of EU Citizenship – A Castle in the Air or Construction Gone Wrong?

2013 ◽  
Vol 14 (7) ◽  
pp. 869-888 ◽  
Author(s):  
Tina Oršolić Dalessio
Keyword(s):  
European Union ◽  
Social Dimension ◽  
Social Rights ◽  
The European Union ◽  
The Social ◽  
Union Citizenship

This year is designated the “European Year of Citizens”. It marks the 20thanniversary of the establishment of the European Union citizenship under the Treaty of Maastricht. It is important to ask what exactly will be celebrated on this occasion. Specifically, which rights did the European peoples gain by virtue of their so-calledfundamental statusof EU citizenship, and were the guarantees embedded in those rights satisfactory? This article will address these questions by focusing on the social rights field, a field which has been dramatically affected by the development of the European Union citizenship concept.

scholarly journals Recent Council of Europe and European Union legislation on preventing terrorism and its impact on the criminal law of Member States the example of Poland

2019 ◽  
Vol 52 ◽  
pp. 65-82
Author(s):  
Michał Hara
Keyword(s):  
European Union ◽  
Criminal Law ◽  
Public Prosecutor ◽  
The European Union ◽  
Council Of Europe ◽  
Legal Regime ◽  
The Public ◽  
Additional Protocol ◽  
European Union Legislation ◽  
International Instruments

The paper seeks to draw comparisons between recent instruments adopted by the Council of Europe CoE and the European Union EU in the field of prevention of terrorism. The examined instruments are the CoE convention on the prevention of terrorism of 2005 with its additional protocol of 2015 and the EU’s 2017 directive on combating terrorism. The paper demonstrates the different scope of criminalisation required by these instruments, highlighting areas in which the EU’s legal regime is stricter, providing for criminalisation of a wider array of activities aiming to prepare for the commission of terrorist offences in particular with regard to public provocation, receiving terrorist training and terrorist travel. The paper then examines implementation of both sets of international instruments into a national legal system using the Polish transposition as an example. Both good and poor examples of implementation are presented. The former includes comprehensive criminalisation of public provocation to commit a terrorist offence and membership of a terrorist organisation, while the latter includes insufficient transposition of provisions requiring the criminalisation of receiving terrorist training and terrorist travel as well as introducing unwarranted powers of the public prosecutor to grant leniency to terrorist travellers.

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