The Protection of GIs in EU Bilateral Instruments: Some Reflections in Light of the EU-MERCOSUR Trade Deal

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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

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The European Social Charter Turns 60: Introduction to the Special Section

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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

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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

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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...

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 Inactive Integration Clause: Can Art. 12 TFEU Shape Future Sustainable Consumer Policies?

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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.

Abstract: The...

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...

With or Without EU: Differentiated Integration and the Politics of Post-Brexit EU-UK Security Collaboration

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Table of Contents: I. Introduction. – II. Post-Brexit security and defence cooperation as differentiated disintegration – III. Theresa May and the proposed “security partnership”. – IV. The trade and cooperation agreement and beyond. – V. The war in Ukraine: A game changer? – VI. Conclusion.

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