Lawful limitation of the right to work in the context of the Fries judgment of the Court of Justice of the European Union

Any citizen of the Union and any natural or legal person residing or having its registered office in a Member State has the right to refer to the European Ombudsman cases of maladministration in the activities of the institutions, bodies, offices or agencies of the Union, with the exception of the Court of Justice of the European Union acting in its judicial role.

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The case of Konrad Erzberger v TUI AG. Comment to Court of Justice of the European Union (Grand Chamber), judgment of 18 July 2017, Case C-566/15

European Labour Law Journal ◽

10.1177/2031952517743863 ◽

2017 ◽

Vol 8 (4) ◽

pp. 333-343 ◽

Cited By ~ 1

Author(s):

Achim Seifert

Keyword(s):

European Union ◽

Member State ◽

Supervisory Board ◽

Parent Company ◽

The European Union ◽

Court Of Justice ◽

Right To Vote ◽

Grand Chamber ◽

The Right

Article 45 TFEU must be interpreted as not precluding legislation of a Member State, such as that at issue in the main proceedings, under which the workers employed in the establishments of a group located in the territory of that Member State are deprived of the right to vote and to stand as a candidate in elections of workers’ representatives to the supervisory board of the parent company of that group, which is established in that Member State, and as the case may be, of the right to act or to continue to act as representative on that board, where those workers leave their employment in such an establishment and are employed by a subsidiary belonging to the same group established in another Member State.

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The right to paid annual leave as an EU fundamental social right. Comment on Bauer et al.: Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn, EU:C:2018:871

Maastricht Journal of European and Comparative Law ◽

10.1177/1023263x19841762 ◽

2019 ◽

Vol 26 (3) ◽

pp. 441-448

Author(s):

Maria Antonia Panascì

Keyword(s):

European Union ◽

Case Note ◽

Fundamental Rights ◽

The European Union ◽

Court Of Justice ◽

Charter Of Fundamental Rights ◽

Scope Of Application ◽

The Right ◽

The Relationship ◽

Horizontal Direct Effect

This case note examines the judgment of Court of Justice of the European Union delivered in Joined Cases C-569/16 and C-570/16 Stadt Wuppertal v. Maria Elisabeth Bauer and Volker Willmeroth v. Martina Broßonn on 6 November 2018. It engages with the noteworthy aspects of the ruling, such as the horizontal direct effect of the Charter of Fundamental Rights of the European Union (the Charter), the relationship between primary and secondary law in the European Union legal order and the scope of application of the Charter.

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O Papel do Tribunal de Justiça da União Europeia Como Guardião do Direito Fundamental Comunitário Europeu à Livre Circulação de Trabalhadores

REVISTA INTERNACIONAL CONSINTER DE DIREITO ◽

10.19135/revista.consinter.00013.23 ◽

2021 ◽

Vol 13 (13) ◽

pp. 469-480

Author(s):

Alexandre Coutinho Pagliarini ◽

Maria Fernanda Augustinhak Schumacker Haering Teixeira

Keyword(s):

European Union ◽

Free Movement ◽

The European Union ◽

Court Of Justice ◽

European Court ◽

Free Movement Of Workers ◽

The Right ◽

Economic Bloc ◽

The Guardian ◽

Second World

This research has as general objective to analyze the guardian role exercised by the Court of Justice of the European Union (CJUE) for the protection of the Fundamental Community Right to the free movement of workers within the scope of the European economic bloc and the importance of the migratory flow for the maintenance of the said block. The spouse of this article previously analyzes the emergence of the European Communities and the need for the defense, reconstruction and stabilization of Europe after the end of the Second World War, as well as dealing with the Treaties of Paris and Rome, propellants of the European Communities, characterized as an autonomous legal system and of great importance for the development of European primary law. Then, he discusses the movement of workers within the European Union (EU) and the right of the European citizen to look for a job, to work, to settle or to provide services in any EU Member State, and then to address the issue of the role of the worker. CJEU as guardian of the fundamental European Community law on the free movement of workers. After the analysis of recent judgments of the European Court of Justice, the need to protect the free movement of European workers, with due regard to the founding treaties of the European Union, remains necessary for the proper maintenance of the European bloc European Union. The methodology used in the research is critical reflexive, which operates through the bibliographic review and the analysis of concrete cases assessed by the CJEU.

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THE NON BIS IN IDEM PRINCIPLE IN THE CASE LAW OF THE COURT OF JUSTICE OF THE EUROPEAN UNION - CONSISTENCY OR INCONSISTENCY?

Agora International Journal of Juridical Sciences ◽

10.15837/aijjs.v12i1.3413 ◽

2018 ◽

Vol 12 (1) ◽

pp. 25-34

Author(s):

Darius-Dennis Pătrăuș

Keyword(s):

European Union ◽

Case Law ◽

The European Union ◽

Judicial Cooperation ◽

Widespread Application ◽

Criminal Offense ◽

Res Judicata ◽

Court Of Justice ◽

The Right ◽

Criminal Matters

The non bis in idem principle was first established in the Hammurabi Code (2,500 BC), under the name of res judicata pro veritate habetur.According to the non bis in idem principle, "no one is allowed to be summoned again in court or punished in another criminal case for the same criminal offense for which he has already been convicted or acquitted under the law of a state". The non bis in idem principle has a broad field of application in the field of international judicial cooperation in criminal matters.The harmonization of Member States' laws and the abolition of borders at EU level created the premises for the widespread application of the non bis in idem principle.For this reason, the Court of Justice of the European Union has been charged with interpreting the rule, namely the non bis in idem principle, as regulated in art. 54 CISA.At the present stage of regulation, an interpretation contrary to the non bis in idem principle would be likely to erode the right and affect international judicial cooperation in criminal matters.

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SITUATION OF ROMANIAN ROMA LIVING IN ENCAMPMENTS IN POLAND AND OPPORTUNITIES OF PARTICIPATION IN SPORTING ACTIVITIES THE CASE OF POZNAŃ

Society Register ◽

10.14746/sr.2018.2.1.05 ◽

2018 ◽

Vol 2 (1) ◽

pp. 77-98

Author(s):

Katarzyna Czarnota

Keyword(s):

Health Care ◽

European Union ◽

The European Union ◽

Foreign Nationals ◽

Right To Work ◽

Work Health ◽

Sporting Activities ◽

The Right ◽

The Eu

The phenomenon of migration and the challenges in the new hosting country have been often analysed in relation to the newcomers arriving from states outside of the European Union. However, in Poland these are the citizens of the EU who face discrimination. At the same time, despite the principles of the EU programs concerning different spheres and operations of integrative and inclusive character aimed at foreign nationals, including sport initiatives, Roma have been systematically omitted and excluded since the 1990s. This situation caused this group to be deprived of the right to work, health care, welfare and adequate housing and education. Opportunities of participating in sporting activities are very limited. In Poland, only a few non-governmental organisations and anti-racist activist initiatives attempt to cooperate with the members of this community. The first part of the article contains a broad introduction to the situation of Romanian Roma in Poland which is necessary in the light of the lack of studies on this subject within Polish sociology, and allows the reader to grasp the wider context of the discussion on the issue of access to sporting activities. Then, drawing on the research and activist experience, the author describes local sport initiatives available to Roma children living in the Poznań encampment, with emphasis on informal initiatives.

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Algorytm jako informacja publiczna w prawie europejskim

10.31338/uw.9788323551355 ◽

2021 ◽

Author(s):

Joanna Mazur

Keyword(s):

Decision Making ◽

European Union ◽

Human Rights ◽

European Law ◽

The European Union ◽

Court Of Justice ◽

European Court ◽

Access Information ◽

The Right ◽

Automated Decision Making

The author verifies the hypothesis concerning the possibility of using algorithms – applied in automated decision making in public sector – as information which is subject to the law governing the right to access information or the right to access official documents in European law. She discusses problems caused by the approach to these laws in the European Union, as well as lack of conformity of the jurisprudence between the Court of Justice of the European Union and the European Court of Human Rights.

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The Right To Be Forgotten

Oxford Research Encyclopedia of Communication ◽

10.1093/acrefore/9780190228613.013.189 ◽

2016 ◽

Cited By ~ 2

Author(s):

Edward L. Carter

Keyword(s):

European Union ◽

Data Protection ◽

Search Engines ◽

Freedom Of Expression ◽

The European Union ◽

Legal Concept ◽

Court Of Justice ◽

Right To Be Forgotten ◽

The Right ◽

The Eu

The right to be forgotten is an emerging legal concept allowing individuals control over their online identities by demanding that Internet search engines remove certain results. The right has been supported by the European Court of Justice, some judges in Argentina, and data-protection regulators in several European countries, among others. The right is primarily grounded in notions of privacy and data protection but also relates to intellectual property, reputation, and right of publicity. Scholars and courts cite, as an intellectual if not legal root for the right to be forgotten, the legal principle that convicted criminals whose sentences are completed should not continually be publicly linked with their crimes. Critics contend that the right to be forgotten stands in conflict with freedom of expression and can lead to revisionist history. Scholars and others in the southern cone of South America, in particular, have decried the right to be forgotten because it could allow perpetrators of mass human rights abuses to cover up or obscure their atrocities. On the other hand, those in favor of the right to be forgotten say that digital technology preserves memory unnaturally and can impede forgiveness and individual progress. The right to be forgotten debate is far from resolved and poses difficult questions about access to, and control of, large amounts of digital information across national borders. Given the global nature of the Internet and the ubiquity of certain powerful search engines, the questions at issue are universal, but solutions thus far have been piecemeal. Although a 2014 decision by the Court of Justice of the European Union (EU) garnered much attention, the right to be forgotten has been largely shaped by a 1995 European Union Directive on Data Protection. In 2016, the EU adopted a new General Data Protection Regulation that will take effect in 2018 and could have a major impact because it contains an explicit right to be forgotten (also called right to erasure). The new regulation does not focus on the theoretical or philosophical justification for a right to be forgotten, and it appears likely the debate over the right in the EU and beyond will not be resolved even when the new rule takes effect.

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