scholarly journals Konflikt między równością a wolnością religijną w prawie pracy Unii Europejskiej

2019 ◽  
Vol 2 ◽  
pp. 53-70
Author(s):  
Piotr Burgoński

The paper addresses the problem of the way in which the European Union legislation resolves the conflict between the right to be non-discriminated and the right to religious freedom, in the case of religious institutions as employers. The background to its creation are numerous cases of accusations of discrimination directed at religious institutions, as they differentiate employees or candidates for employees, following their specific criteria. The subject of the analyses contained in the paper is art. 4 of the EU Council Directive 2000/78/EC, which regulates the employment of employees by religious institutions. The analyses carried out show that Directive 2000/78/EC does not assign an absolute value neither to the right not to be discriminated nor to the right to religious freedom. Neither does it set a clear hierarchy. The conflict between them is solved on the principle of seeking balance by means of concessions made by each party. However, it can be seen that the right to be non-discriminated is more limited than the right to religious freedom. The analyses revealed the existence in the Directive of various ways of perceiving the character of religious institutions. They also show that art. 4 of the directive is an example of the principle of subsidiarity, because it takes into account the specificity and tradition of the Member States in regulating the autonomy of religious institutions, leaving the states a considerable scope to define or even modify the provisions of the Directive.

2016 ◽  
pp. 90-108
Author(s):  
Marta Witkowska

The aim of the article is to present possible scenarios on maintaining democracy in the EU, while assuming different hypothetical directions in which it could develop as a federation, empire and Europe à la carte. Selected mechanisms, norms and values of the EU system that are crucial for the functioning of democracy in the European Union are the subject of this research. The abovementioned objective of scenario development is achieved through distinguishing the notions of policy, politics and polity in the research. In the analysis of the state of democracy in the European Union both the process (politics) and the normative approach (policy) have been adopted. The characterised norms, structures, values and democratic procedures in force in the EU will become a reference point for the projected scenarios. The projection refers to a situation when the existing polity transforms into a federation, empire or Europe à la carte. The article is to serve as a projection and is a part of a wider discussion on the future of the basis on which the European Union is build.


The article is devoted to the research of the possibilities of cooperation between the European Union (EU) and Ukraine in the use of blockchain technologies. The transition to the blockchain allows to minimise costs and maximise the results of economic activity. The experience of using blockchain technologies by world corporations is analysed. The subject of the research in the article is the potential of economic cooperation between the EU and Ukraine in the field of implementation and use of blockchain technologies. The purpose of the article is to find out the economic prospects of cooperation between the EU and Ukraine in the use of blockchain technologies. Tasks: researching of tendencies of development of blockchain technologies and possible variants of their implantation in activity of the Ukraine’s enterprises, searching for benefits from cooperation between Ukraine and the EU in the field of use of blockchain technologies. General scientific used research methods: analysis – to determine the peculiarities of the use of blockchain technologies in the EU, synthesis – to find opportunities for cooperation between Ukraine and the EU in the use of blockchain technologies. The obtained results: based on the analysis of the dynamics of changes in the field of enterprise technology, problematic aspects are identified and the main advantages of the transition from the traditional management model to blockchain platforms are identified, and the economic benefits of locating mining farms in Ukraine compared to some EU countries are calculated. Conclusions: using of blockchain technologies by modern enterprises gives them a number of competitive advantages, including saving on labor costs, increased information security, reduced costs for quality control of products/services, etc. Blockchain allows to promote more sustainable cooperation between EU and Ukrainian companies not only in trade, but also in industry, finance and energy. By implementing joint blockchain systems with the EU, Ukraine can provide mining with low costs for electricity and wages.


2021 ◽  
pp. 43-59
Author(s):  
Tomasz Dubowski

In the discussion on the EU migration policy, it is impossible to evade the issue of the relation between this policy and the EU foreign policy, including EU common foreign and security policy. The subject of this study are selected links between migration issues and the CFSP of the European Union. The presented considerations aim to determine at what levels and in what ways the EU’s migration policy is taken into account in the space of the CFSP as a diplomatic and political (and subject to specific rules and procedures) substrate of the EU’s external action.


2013 ◽  
pp. 143-146
Author(s):  
Orsolya Nagy

The use of renewable energies has a long past, even though its share of the total energy use is rather low in European terms. However, the tendencies are definitely favourable which is further strengthened by the dedication of the European Union to sustainable development and combat against climate change. The European Union is on the right track in achieving its goal which is to be able to cover 20% its energy need from renewable energy resources by 2020. The increased use of wind, solar, water, tidal, geothermal and biomass energy will reduce the energy import dependence of the European Union and it will stimulate innovation.


2013 ◽  
Vol 15 (1) ◽  
pp. 91-110 ◽  
Author(s):  
Willem Maas

Abstract This article surveys some general lessons to be drawn from the tension between the promise of citizenship to deliver equality and the particularistic drive to maintain diversity. Democratic states tend to guarantee free movement within their territory to all citizens, as a core right of citizenship. Similarly, the European Union guarantees (as the core right of EU citizenship) the right to live and the right to work anywhere within EU territory to EU citizens and members of their families. Such rights reflect the project of equality and undifferentiated individual rights for all who have the status of citizen. But they are not uncontested. Within the EU, several member states propose to reintroduce border controls and to restrict access for EU citizens who claim social assistance. Similar tensions and attempts to discourage freedom of movement also exist in other political systems, and the article gives examples from the United States and Canada. Within democratic states, particularly federal ones and others where decentralized jurisdictions are responsible for social welfare provision, it thus appears that some citizens can be more equal than others. Principles such as benefit portability, prohibition of residence requirements for access to programs or rights, and mutual recognition of qualifications and credentials facilitate the free flow of people within states and reflect the attempt to eliminate internal borders. Within the growing field of migration studies, most research focuses on international migration, movement between states, involving international borders. But migration across jurisdictional boundaries within states is at least as important as international migration. Within the European Union, free movement often means changing residence across jurisdictional boundaries within a political system with a common citizenship, even though EU citizenship is not traditional national citizenship. The EU is thus a good test of the tension between the equality promised by common citizenship and the diversity institutionalized by borders.


Author(s):  
Eleanor Sharpston

The chapter examines the role played by the Court of Justice of the European Union (the CJEU) in ruling authoritatively on the meaning of European Union legislation. The EU legislative process differs from the parliamentary process in the United Kingdom for good reason. Within the European Union, there are many different traditions of how such drafting should be done; whilst, at EU level, multinationalism and multilingualism have a significant impact on what emerges as the final text. The chapter explains the difficulties encountered and gives illustrations from the Court’s case-law of instances where the Court has either decided not to take steps that might be construed as ‘legislating’ or, conversely, has gone to the limits of ‘constructive re-interpretation’. The chapter concludes by asking how far the Court should ‘bend’ a legislative text.


2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.


2017 ◽  
Vol 25 (3) ◽  
pp. 43-66
Author(s):  
Saila Heinikoski

This article discusses how the right to free movement within the European Union is presented as a matter of obligation, a duty of the other EU member states, in the discourse of Romanian Presidents and Prime Ministers (2005–2015). An examination of speeches and other statements from these politicians illuminates Romanian political reactions during the period when Romania became an EU member state, and reflects perceptions of Europeanness and European agreements. These issues take on an additional contemporary significance in the context of the Brexit negotiations, and they also add to the broader debate on whether EU norms and obligations are seen as being both just and equally applied. By analysing different types of argumentative topoi, I examine the deontological (obligation-based) argumentation employed in the free movement context. Furthermore, I examine to what extent these arguments are invoked in support of the right to free movement and who this right applies to. I argue that for Romanian politicians, deontological free movement arguments are connected to other states’ compliance with European treaties and to demands for equal application of European rules without discrimination, or the delegation of responsibility to others. This manifested itself most frequently in the calls for the EU and its member states to do their duty by treating Romanians equally to other EU citizens.


2018 ◽  
Vol 4 (3) ◽  
pp. 258-272 ◽  
Author(s):  
Mor Sobol

The European Union (EU) and China are on a quest to establish themselves as global actors. Still, both powers first need to create a stable neighbourhood that will not threaten their interests. Consequently, in 2004 the EU launched the European Neighbourhood Policy (ENP), while in 2013 China’s Peripheral Diplomacy (CPD) was introduced. Against this background, this article aims to conduct a comparative analysis of both initiatives. Specifically, as there is a wide agreement that the ENP has failed to generate any impact on the EU’s periphery, the research question is: To what extent could the CPD transcend the problems of its European counterpart? The article posits that both policies are rather similar in their inability to strike the right balance between protecting core interests and acknowledging the neighbours’ needs. Thus, it is likely that the CPD, just like the ENP, will remain a policy with big potential but without effective results.


Author(s):  
Ian Bache ◽  
Simon Bulmer ◽  
Stephen George ◽  
Owen Parker

Politics in the European Union examines the theory, history, institutions, and policies of the European Union. The EU is a unique, complex, and ever-changing political entity which continues to shape both international politics and the politics of its individual member states. The text provides a clear analysis of the organization and presents a well-rounded introduction to the subject. Complete and detailed in its coverage, with a consolidated and updated history section, this text weaves together material on key contemporary concerns including the eurozone crisis and the implementation of the Treaty of Lisbon with a thorough consideration of the workings and remit of the EU.


Sign in / Sign up

Export Citation Format

Share Document