April 2021 | European Papers

Carta dei diritti fondamentali, applicabilità e rapporti fra giudici: la necessità di una tutela integrata

Insight
Bruno Nascimbene
Abstract: The year 2020 marked the 20th anniversary of the proclamation of the Charter of Fundamental Rights of the European Union. It was drawn up at the end of a long process, to which the Court of Justice has contributed substantially, affirming since the seventies the obligation to protect fundamental rights in the Community. The drafting of a...

european papers, 22.04.2021 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, Judicial review, The impact of EU law over national law, The European Integration Through Human Rights, Protection of human rights in Europe
Rule of Law Conditionality: The Long-awaited Step Towards a Solution of the Rule of Law Crisis in the European Union?

Insight
Niels Kirst
Abstract: In December 2020, the European Parliament and the Council adopted a new piece of legislation aimed at protecting the rule of law in the Member States of the Union – the so-called rule of law Conditionality Regulation. This contribution tracks the legislative process in the run up to the new Regulation, analyses the substance and the...

european papers, 22.04.2021 | Posted in
The Constitutional Dimension of the European Union, The sources of EU law, The European Integration Through Human Rights, Protection of human rights in Europe, The International Dimension of European Integration, Integration in the fields of rule of law and democratization
Religious Slaughtering, a Stunning Matter: Centraal Israëlitisch Consistorie van België and Others

Insight
Lena Hehemann
Abstract: In Centraal Israëlitisch Consistorie van België and Others (case C-336/19 ECLI:EU:C:2020:1031) the Court of Justice held that EU Member States are allowed to require, in the context of ritual slaughter, a reversible stunning procedure which cannot result in the animal’s death. According to the Court, Regulation 1099/2009 on the...

european papers, 22.04.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Protection of human rights in Europe, Human dignity, equality and non-discrimination
Does Stand-by Time Count as Working Time? The Court of Justice Gives Guidance in DJ v Radiotelevizija Slovenija and RJ v Stadt Offenbach am Main

Highlight
Rebecca Zahn
Keywords: working time – Court of Justice – stand-by time – rest period – Working Time Directive – health and safety.

On 9 March 2021, the Grand Chamber of the Court of Justice of the European Union (CJEU) added two judgments to a long line of case law interpreting the meaning of “working time” under art. 2 of...

european papers, 22.04.2021 | Posted in
Internal Market - Freedoms of Movement and Competition Law, Internal market - Economic freedoms of movement, The European Integration Through Human Rights, Solidarity and economic and social rights
The Use of the Charter and Pre-trial Detention in EU Law: Constraints and Possibilities for Better Protection of the Right to Liberty

Insight
Leandro Mancano
Abstract: As EU criminal law has expanded over the years, so have the opportunities for the application of relevant provisions of the EU Charter of Fundamental Rights. The present Insight analyses the situations where the right to liberty has become relevant to pre-trial detention in areas covered by EU rules. It critically discusses the gaps of protection...

european papers, 22.04.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Police and judicial cooperation in criminal matters, The European Integration Through Human Rights, Protection of human rights in Europe
Sensibilité(s) européenne(s) et sensibilité animale: l’affaire Centraal Israëlitisch Consistorie van België e a.

Insight
Eve Buland
Abstract: The Court of Justice of the European Union is once again invited to rule on the conciliation between animal welfare and freedom of religion. Mainly relying on the lack of consensus among the Member States, the Court finds that a national legislation introducing an obligation of reversible stunning is admitted according to Regulation (EC)...

european papers, 14.04.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Protection of human rights in Europe, Human dignity, equality and non-discrimination
When Medical Treatment and Religious Beliefs Intersect: The Case of Veselibas Ministrija

Insight
Giacomo Di Federico
Abstract: This Insight comments the judgment of the Court of Justice in Veselības ministrija (case C-243/19 ECLI:EU:C:2020:872) with a view to highlight its contribution to the effectiveness of equality in access to healthcare within the Union. After a brief introduction and contextualization of the case, this Insight...

european papers, 14.04.2021 | Posted in
EU Policies and the Area of Freedom, Security and Justice, Union Policies, The European Integration Through Human Rights, Human dignity, equality and non-discrimination, Fundamental freedoms