- 113 visualizzazioni
The Historical Origins of EU Law Primacy, Its Interaction with UK Parliamentary Sovereignty and Brexit Consequences on Other EU Member States
- 332 visualizzazioni
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...
The Protection of GIs in EU Bilateral Instruments: Some Reflections in Light of the EU-MERCOSUR Trade Deal
- 146 visualizzazioni
Table of Contents: I. Introduction. – II. The legal framework for the protection of GIs in the EU and MERCOSUR. – II.1. European Union. – II.2. MERCOSUR. – III. Relevant rules included in the EU-MERCOSUR Agreement. – IV. Some contentious aspects of the EU-MERCOSUR agreement. – V. Concluding remarks
The European Social Charter Turns 60: Introduction to the Special Section
- 185 visualizzazioni
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...
They Are not Enforceable, but States Must Respect Them: An Attempt to Explain the Legal Value of Decisions of the European Committee of Social Rights
- 135 visualizzazioni
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...
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
- 236 visualizzazioni
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
- 193 visualizzazioni
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
- 204 visualizzazioni
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 Equality Clauses (Arts 8 & 10 TFEU) and Their Contribution to the Course of EU Equality Law: Still an Empty Vessel?
- 299 visualizzazioni
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 Inactive Integration Clause: Can Art. 12 TFEU Shape Future Sustainable Consumer Policies?
- 301 visualizzazioni
Table of Contents: I. Introduction. – II. The development of European consumer protection policy. – III. The limits of art. 12 TFEU. – IV. Coordination between consumer and environmental policy: a new avenue to activate art. 12 TFEU? – IV.1. The 2020 Consumer agenda. – V. Conclusion.