From the Principle of Systemic Integration to the Integrated Approach: The Pathway to the Integration of the European Social Charter for the Interpretation of the European Union Charter of Fundamental Rights

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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...

Mind the Gap: Emerging Standards of Protection of the Right to Equal Pay Under the European Social Charter and EU Law

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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...

Assessing the Effectiveness of the European Social Charter: A Case Study on Dismissal Reforms

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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...

The Horizontal Clauses of Arts 8-13 TFEU Through the Lens of the Court of Justice

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Table of Contents: I. Introduction. – II. Arts 8-13 TFEU and other similar clauses of EU primary law. – III. The legal value of the horizontal clauses of arts 8-13 TFEU. – III.1. Horizontal clauses and legal obligations. – III.2. Horizontal clauses and the exercise of Union competences in the areas concerned. – III.3. Horizontal clauses and the...

Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEU

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Table of Contents: I. Introduction. – II. Different levels of social mainstreaming and EU law. – II.1. The relationship between the economic and social at EU level. – II.2. Art. 9 TFEU. – III. A story of hope (I): Art. 9 TFEU, EU competition law, and the Four Freedoms. – III.1. The “social exemption” for collective bargaining. – III.2. Social...

The Horizontal Equality Clauses (Arts 8 & 10 TFEU) and Their Contribution to the Course of EU Equality Law: Still an Empty Vessel?

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Table of Contents: I. Introduction. – II. Individual horizontal clauses as an empty vessel. – II.1. Equality concerns incorporated in EU law-making before the horizontal clauses. – II.2. No autonomous function for horizontal equality clauses. – III. The contribution of horizontal clauses to the crossing. – III.1. An aid in the case-law of the ECJ...

The Instrument of Enhanced Cooperation: Pitfalls and Possibilities for Differentiated Integration

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Table of Contents: I. Introduction. – II. Setting the scene: Use and “non-use” of enhanced cooperation. – III. Legal framework for enhanced cooperation. – III.1. Establishing of enhanced cooperation. – III.2. The implementation of enhanced cooperation. – IV. On a related note: Pre-Brexit negotiations and differentiation. – V. Outlook: Dusk or dawn...

PESCO as a Game-Changer for Differentiated Integration in CSDP after Brexit

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Table of Contents: I. Introduction. – II. PESCO and differentiated integration in European Defence – II.1. Approaching the definition of differentiated integration. – II.2. Pre-PESCO landscape. – II.3. Differentiated integration via PESCO. – III. The participation of third States. – IV. Strategic Review 2020. – V. Conclusions....

Flexible Solidarity in the New Pact on Migration and Asylum: A New Form of Differentiated Integration?

e-Journal

Table of Contents: I. Introduction. – II. The evolution of differentiated integration in the field of asy-lum. – III. Flexible solidarity in the New Pact on Migration and Asylum. – III.1. The Proposal for a Regu-lation on Asylum and Migration Management: A fresh start? – III.2. The management of flexible soli-darity. – III.3. Return sponsorship: A...

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