Abstract: This rewriting of Keck and Mithouard (joined cases C-267/91 and C-268/91 ECLI:EU:C:1993:905) is based on three categories of measures having equivalent effect: 1) national measures which disadvantage imported goods, 2) product requirements and 3) indistinctly applicable measures capable of...
Abstract: This explanation presents the Special Section “The horizontal clauses of arts 8-13 TFEU: normative implications, implementation and potential for mainstreaming”, which collects six Articles originally presented at a workshop devoted to the integration clauses of the TFEU held in October 2021. With a view to working...
Table of Contents: Ι. Ιntroduction. – II. The origins and the evolution of the environmental integration principle in International Law. – II. The evolution, legal status, normative content and functions of the environmental integration provision in EU Law. – III.1. The evolution of the environmental integration provision and its legal status in EU...
Table of Contents: I. Introduction. – II. Evolution of Animal Welfare Law and policy in EU agriculture. – II.1. Minimum animal welfare standards. – II.2. CJEU interpretation. – III. Art. 13 TFEU: mainstreaming animal welfare in EU agriculture policy. – III.1. Legal effect. – III.2. Limitations and tensions. – IV. CJEU reading. – IV.1. Halal...
Table of Contents: I. Introduction. – II. Orthodox views of parliamentary sovereignty. – II.1. Diceyan orthodoxy observed in Miller. – II.2. Diceyan orthodoxy observed in Cherry/Miller (No 2). – II.3. Hueston’s manner and form observed in the use of referendums. – II.4. Popular sovereignty through referendums. – II.5. Parliamentary sovereignty as it...
Abstract: Since it was opened for signature by the member States of the Council of Europe (CoE) on 18 October 1961, the European Social Charter (ESC) has developed into an advanced regional system of economic and social human rights protection, although on different modalities than the European Convention of Human Rights’ system. The ESC’s...
Table of Contents: I. Introduction. – II. The Charter’s perspective on the right to protection in cases of termination of employment. – II.1. The scope and significance of art. 24 RevESC. – II.2. The interpretive approach of the European Committee of Social Rights. – III. The impact of the Charter on Italian and French courts’ dismissal decisions...
Table of Contents: I. Introduction. – II. Equal pay standards under the European Social Charter. – II.1. Obligations deriving from the protection of equal pay under the European Social Charter. – II.2. What place for EU law? – III. The European Commission’s proposal on binding measures regarding pay transparency. – III.1. What role for ESC standards...
Table of Contents: I. Introduction. – II. The principle of systemic integration for consistent interpretation of social rights. – II.1. Questioning the application of art. 31(3)(c) of VCLT to ESC and CFREU. – II.2. Seeking a consistent interpretation of the right to social security. – III. The theory of the “integrated approach” strengthening social...
Table of Contents: I. Introduction. – II. A brief overview of the main features of human rights treaty bodies. – III. The legal value of pronouncements of human rights treaty bodies. – IV. The role of the European Committee of Social Rights in monitoring compliance with the European Social Charter. – IV.1. Reporting system. – IV.2. Collective...
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