e-Journal
- letto 851 volte
The Historical Origins of EU Law Primacy, Its Interaction with UK Parliamentary Sovereignty and Brexit Consequences on Other EU Member States
e-Journal
- letto 932 volte
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
e-Journal
- letto 848 volte
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
Abstract:...
The European Social Charter Turns 60: Introduction to the Special Section
e-Journal
- letto 895 volte
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
e-Journal
- letto 806 volte
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
e-Journal
- letto 934 volte
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
e-Journal
- letto 1007 volte
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
e-Journal
- letto 944 volte
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
e-Journal
- letto 979 volte
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
e-Journal
- letto 795 volte
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...
