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...

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...

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...

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...

The Historical Origins of EU Law Primacy, Its Interaction with UK Parliamentary Sovereignty and Brexit Consequences on Other EU Member States

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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 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...

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 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...

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...

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