Academic literature on the topic 'Equality before the law – European Union countries'
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Journal articles on the topic "Equality before the law – European Union countries"
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Marchuk, M., and L. Gudz. "Local elections in the European Union and Ukraine: comparative characteristics." Uzhhorod National University Herald. Series: Law, no. 70 (June 18, 2022): 119–23. http://dx.doi.org/10.24144/2307-3322.2022.70.16.
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The article provides a comparative analysis of the electoral legislation of the EU countries and Ukraine at the local level and on the basis of this analysis, the proposals to improve the electoral legislation of Ukraine take into account the experience of the European Union.
The main forms of direct democracy in most EU member countries and Ukraine are fixed at the constitutional level, and the procedure of preparing and holding elections is regulated by special election laws. Domestic electoral legislation is overloaded with detailed norms of procedural aspects, unlike the legislation of EU countries, in which much more attention is paid to the issues of transparency of party financial funds and transparency of election campaign financing, as well as protection of national minorities’ interests.
The main ways of exercising the right to vote not at the place of inclusion in the voter lists in the EU member states were characterized: voting by absentee ballots at specially designated polling stations, voting on the territory of diplomatic and consular missions, voting by mail, proxy voting, mobile voting, voting via the Internet, distance voting. It is noted that the norms in which the institution of a cash deposit is enshrined are discriminatory since they violate the principle of equality of suffrage and create a situation in which candidates are excluded from the political arena on the basis of the property criterion.
Relevant for EU countries is the adoption of measures to create appropriate conditions for the full implementation of the principle of equality of citizens before the law, in particular, to overcome the actual inequality of opportunities between women and men.
In order to bring Ukrainian legislation in line with international standards set by the European Union, we propose: to grant the right to vote in local elections to citizens of other states or stateless persons who permanently reside on the territory of the respective territorial community and permanently pay local taxes and fees have common local interests related to everyday life, infrastructure, communication, recreation; to introduce electronic voting; not to apply the institution of cash deposit at the local level; to introduce individual (party) gender quotas, following the French example.
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Mosakova, E. A., and K. Kizilova. "Labor market in the UK in digital era: The gender dimension." RUDN Journal of Sociology 21, no. 3 (September 17, 2021): 512–19. http://dx.doi.org/10.22363/2313-2272-2021-21-3-512-519.
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The article considers gender discrimination in the field of labor relations in the United Kingdom (UK) in the pre-covid period. In the past decades, the Western European countries have made the most significant progress in achieving gender equality in various fields, including labor relations, and became the world leader in this area. However, despite all the efforts of the international community, no country has achieved a full gender equality, and Great Britain is no exception. The authors argue that the British anti-discrimination legislation (before leaving the European Union) was based on international acts and conventions. For a long time, there were acts and laws prohibiting discrimination in the labor market, which seriously hindered the implementation of an effective anti-discrimination policy in the sphere of labor relations. It was not until 2010 that the law on equality was passed to replace all previous laws and regulations and to provide an exhaustive list of criteria for prohibiting discrimination. As a result, Great Britain began to develop a rather strict national anti-discrimination legislation in the field of labor relations. Thus, in the past decades, the UK has been achieving gender equality in the economic sphere at a faster pace than the average European Union country. The study shows a steady decline in the gender wage gap in the UK over the past two decades, which may be considered one of the countrys most significant achievements in fighting gender discrimination in the labor market. However, there is still a number of serious challenges: a relatively low female labor force participation and employment rate, a gender wage gap and income gap, horizontal and vertical segregation, a gender gap in postgraduate education, and a significant gender gap in time spent on family responsibilities. Age discrimination presents a special problem in the sphere of labor relations in Great Britain. In the European Union, the first laws prohibiting age discrimination were adopted only in the 2000s, and in the UK - in 2006. This problem still remains extremely acute for the labor market, since age discrimination in the UK ranks third among the most common grounds for discrimination - after gender and disability.
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Rushiti, Ana. "The Impact of The Court Map in the Field of Advocacy." Indonesian Journal of Advocacy and Legal Services 4, no. 2 (September 30, 2022): 243–58. http://dx.doi.org/10.15294/ijals.v4i2.58446.
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The rule of law operates in accordance with the law, focusing on the equality of citizens before the law and the prohibition of the arbitrary power of the executive (Government). Justice reform is a mechanism that made it possible for citizens to increase their trust in justice. Justice reform was a mechanism that we had not heard before and it is important in this paper to mention the causes and consequences of justice reform by balancing them to understand its positive and negative sides. Judicial reform has mostly affected judges and prosecutors, but also lawyers in court cases as well and the public had an important role to denounce any judge or prosecutor who had given court decisions in violation of the law but also cases of corruption of judges or prosecutors. In this paper it is very important to address two very important principles sanctioned by the European Convention on Human Rights. the second is a trial within a reasonable time by analyzing court decisions and the importance of respecting deadlines by the courts for a speedy and effective justice. A new innovation taken from the countries of the European Union was the new court map that does not brought a few debates in our country and how the new court map will affect the economy of Albanians given that Albania is a developing country.
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Stan, Ana-Maria. "De la separatism regional la centralizare: două proiecte legislative ale universitarilor clujeni privind reforma învățământului superior românesc după 1918." PLURAL. History, Culture, Society 9, no. 1 (May 28, 2021): 141–57. http://dx.doi.org/10.37710/plural.v9i1_7.
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After the Great War and the union of Bessarabia, Bukovina, Transylvania, and the Banat with the Old Kingdom, the reform of higher education and, implicitly, its transformation into a unitary and efficient system required a lot of efforts. A significant number of initiatives and projects were discussed by the Romanian academic circles, politicians, and by the broader public before the first law for the organization of universities in Greater Romania was adopted and implemented, in April 1932. This article is a case study, which focuses on two proposals put forward in the 1920s by some prominent professors of the University of Cluj. My research tries to clarify and enrich our knowledge regarding the various stages that preceded and shaped the 1932 higher education law. It highlights the similarities and differences between these projects, looking, in particular, at their most relevant and modern elements. The article could equally provide points of comparison for future analysis regarding the reconstruction of the educational systems in other Central or Eastern European countries, in the first half of the 20th century.
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POTAPOVA, Oleksandra. "INTERNATIONAL EXPERIENCE OF FORMATION OF THE EDUCATION SYSTEM IN THE CONDITIONS OF DECENTRALIZATION OF POWER." Dnipro Academy of Continuing Education Herald. Series: Public Management and Administration, Vol. 1 No. 2 (2022) (August 31, 2022): 37–42. http://dx.doi.org/10.54891/2786-6998-2022-1-6.
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The article examines aspects of the international experience of education system formation in conditions of decentralization of power in countries such as France, Poland, the Czech Republic, and the USA. It was determined that Ukraine must quickly and with the least losses overcome the shortcomings of the post-Soviet education management system in order to create a competitive national education system, therefore, studying the experience of countries around the world, analyzing mistakes and successes in reforming the education system in conditions of decentralization of power are necessary to successfully overcome all difficulties in the future development of the national education system. It was concluded that educational systems within the European Union remain unique in each country with a different degree of centralization or decentralization of management and financing of education, therefore it is necessary to find a rational «golden mean» in each of these systems and apply it in Ukraine in conditions of decentralization authorities. The impact of the democratization of education management on increasing the autonomy and level of socialization of educational institutions is determined. The concepts of «democratization» and «decentralization» are highlighted and the influence of these processes on the conditions of functioning of schools, stimulation of creative activity of teams and management is determined. The experience of some countries was studied, which shows that a strong legal state, which supports the principle of equality of all before the law, should be a guarantor of democratic rights in various spheres of social life, and first of all, in quality education. The article also focuses on the main areas of decentralization of educational institution management. Ways to improve the quality and practical significance of education a on the study of the experience of modernization and modification of the education system of the countries of the world and the application of these approaches in the future in the institutions of domestic education, which will contribute to the creation of conditions for deepening the knowledge of education seekers, improving the quality of educational services, socio-economic development country, ensuring the growth of Ukraine’s competitiveness, as well as the creation of new jobs with higher requirements for knowledge and skills. re proposed, based.
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Maslii, О., A. Vlasov, S. Polyashov, A. Chebotarev, and S. Litvinovsky. "LOGISTIC FEATURES OF THE ARMED FORCES OF UKRAINE IN MODERN CONDITIONS." Collection of scientific works of Odesa Military Academy 2, no. 14 (January 25, 2021): 178–86. http://dx.doi.org/10.37129/2313-7509.2020.14.2.178-186.
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The article summarizes the review and analytical work regarding the features of the formation and development of logistics support for the Armed Forces of Ukraine. Logistics is considered as a fundamental aspect of the fulfillment of the mission of the armed forces of our state in a crisis situation and peacetime. The development of Russian aggression in the east of Ukraine objectively led to an understanding of the immediate transition from the use of the crisis logistics model to the involvement of elements of the military logistics model, which is capable of functioning both in peacetime and during military operations. With the outbreak of war in the East, all-round supply was provided from the center to military units that were in positions and performed combat operations. In fact, in the first months of the announcement of the anti-terroristical operation in Ukraine and before the entry of Russian troops into the territory of our country, the leading structures only superficially (unsystematically) tried to restructure the logistics of crisis situations into a nationwide one. Ukraine seeks to maintain friendly relations with all countries of the world on the basis of international treaties concluded on the principles of equality, non-interference in internal affairs, respect for independence, sovereignty and territorial integrity. But for now, the armed conflict continues in Ukraine, which became the most European conflict after the end of World War II, in which Ukraine follows the defensive strategy. And this should become the basis for the formation of the logistic concept of the state armed forces. A conceptual analysis of the evolutionary development of military logistics showed that in the process of historical development of scientific approaches to waging war, intensive scientific and technological progress, military logistics changed and reformed, new logistics systems, innovative methods, models and tools for managing logistic support for troops. This process should continue on a scientific basis, taking into account the best world and own experience. In crisis situations, the population is primarily affected. Therefore, the wide-profile tasks of rescuing and assisting the civilian population (the victim, who is evacuated and remains in the territory with the affected infrastructure) in the crisis zone laid on military logistics. The formation and development of the logistic system of the Armed Forces of Ukraine should be carried out taking into account the peaceful, partnership policy of our state and NATO countries. As for the evolutionary development of the logistics support for the Ukrainian AF, military logistics should be developed on a scientific basis, taking into account the international experience of NATO countries and our own experience, and in crisis situations, military logistics should be entrusted with broad-profile tasks of helping civilians in the crisis zone, and its further development should be conducted in a comprehensively. Today, our country is creating a single effective logistics system for the Armed Forces of Ukraine, other military units and law enforcement agencies, both in peacetime and in wartime, which should operate in accordance with NATO standards and be able to cooperate with the armed forces of other states - members of NATO and the European Union. Therefore, the issue of military logistics, as one of the most important and basic components of military operations, is relevant and requires careful study. Keywords: logistics, features, military logistics, crisis situations logistics, the country's defense and security system, the Armed Forces of Ukraine, materials, material supply, material resources, international relations, reserves, supply.
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López Aguilar, Juan Fernando. "El caso de Polonia en la UE: retrocesos democráticos y del estado de derecho y «dilema de Copenague»." Teoría y Realidad Constitucional, no. 38 (July 1, 2016): 101. http://dx.doi.org/10.5944/trc.38.2016.18604.
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Durante las legislaturas europeas 2009-2014 y 2014-2019 la UE viene asistiendo al desafío planteado por los alarmantes signos de deterioro y retroceso de la democracia en la UE. No por casualidad esta tendencia ha coincidido con la inmersión de la Unión en la peor crisis de su historia, que arrancó en 2008 y ha venido en llamarse la «Gran Recesión» de la UE o la «glaciación» europea. Hungría ha sido durante este período el caso más paradigmático de las derivas antidemocráticas -restricciones del pluralismo político e informativo, de la independencia judicial y de la jurisdicción del TC- experimentadas por países de la UE. Pero, recientemente, Polonia ha dado muestras de un deterioro igualmente preocupante. Con todo no se trata, desgraciadamente, de casos aislados sino una tendencia cada vez más generalizada que ha recibido, según los contextos, el nombre de «putinización» u «orbanización» de Estados miembros de la UE. El presente artículo hace un recuento de los deterioros constitucionales sufridos por esos dos países y de las iniciativas que desde la UE se han puesto en marcha para seguir y dar respuesta a esos procesos. El artículo hace hincapié en los rasgos «antiliberales» o «iliberales» que caracterizan dichas democracias, así como los inherentes al auge del nacionalismo y la intolerancia y los discursos del odio, y los pone en relación con otros procesos históricos de erosión democrática en Europa, incidiendo en la dialéctica democracia vs populismo. El artículo plantea, asimismo, los conflictos que se derivan del denominado «dilema de Copenhague» y del auge de la extrema derecha a lo largo y ancho de la UE y se detiene en algunos casos como el de las restricciones de derechos a los refugiados en Dinamarca o de los retrocesos habidos en los últimos años en derechos y libertades públicas en España. El artículo concluye que los deterioros descritos están vinculados a la «gran ampliación», que supuso la adhesión a la UE de los países del Este, con el telón de fondo de una crisis económica y financiera devenida, en poco tiempo, en crisis social y de valores como consecuencia de las políticas de austeridad impuestas por un manejo insatisfactorio de la propia crisis. Ello ha redundado en una impugnación de la propia idea de construcción europea desde diversos frentes ideológicos. El artículo se detiene, finalmente, en la respuesta europea a las mencionadas derivas a través de una reivindicación de sus valores fundantes y de una protección reforzada de los mismos mediante la implementación de nuevos mecanismos que velen por la calidad democrática y del Estado de derecho en la UE como complemento de los procedimientos judiciales de tutela de los derechos fundamentales comunes a las tradiciones constitucionales comunes de los Estados miembros.During the European legislatures 2009-2014 and 2014-2019 the EU has witnessed the challenge posed by the alarming signs of deterioration and decline of democracy in the EU. Not by chance this trend has coincided with the immersion of the Union in the worst crisis in its history that began in 2008 and has been called the «Great Recession» of the EU or the European «glaciation». Over this period Hungary has been the best example of democratic backsliding in the EU but Poland has shown an equally worrying deterioration lately. Yet these are not, unfortunately, isolated cases but there is rather an increasingly widespread trend in Europe that has received, depending on the context, the name «putinization» or «orbanization». The present article recounts the constitutional deterioration experienced by those two countries and the initiatives that have been launched from the EU to follow-up and contest those processes. The article emphasizes the «anti-liberal » or «iliberal» features that characterize these democracies as well as those marks inherent to the rise of nationalism and intolerance and puts them in relation to other historical processes of democratic erosion in Europe, focusing on the dialectic democracy vs populism. The article also exposes the conflicts stemming from the so-called «Copenhagen dilemma» and the rise of the extreme right across the EU and stops in some concrete cases such as the restrictions on the rights of refugees in Denmark or the limitations which have occurred in recent years in the field of civil liberties in Spain. The article concludes that this deterioration is linked to the «great enlargement», which involved the accession to the EU of the Eastern European countries against the backdrop of a relentless financial and economic crisis that rapidly became in a social crisis and a truly crisis of values as a result of the austerity policies imposed by an unsatisfactory handling of the crisis itself. This has resulted in a challenge to the very idea of European integration coming from different ideological fronts. The article finally stops on the European response to the democratic backsliding described before by reaffirming its fundamental values and by enhancing their protection by implementing new mechanisms to ensure that the quality of democracy and the rule of law in the EU is improved complementing the national systems of judicial protection of fundamental rights legal common to the constitutional traditions of the EU Member States.
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Krošláková, Monika, and Radoslava Mečiar. "The Selected Aspects of Gender Equality in European Union." Studia commercialia Bratislavensia 5, no. 19 (December 1, 2012): 411–22. http://dx.doi.org/10.2478/v10151-012-0007-6.
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Abstract Despite the laws and regulations that should ensure equal gender treatment, women are still disadvantaged in all businesses and public sector. This discrimination is manifested particularly in the approach to jobs, financial evaluation, political nominations and opportunities of developing their abilities regardless of gender. The gender differences in work and public life remain even today the most visible evidence of inequality between men and women in our society. The gender equality is one of the fundamental principles of EU law and all its member countries committed to be in the compliance with it. This article reviews the current state of gender equality in EU.
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Stamatel, Janet P. "Money Matters: Dissecting the Relationship Between Gender Equality and Female Homicide Victimization Rates in the European Union." Feminist Criminology 13, no. 5 (September 16, 2016): 435–55. http://dx.doi.org/10.1177/1557085116667480.
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This study utilized a fairly new measure of gender equality from the European Union to dissect the relationship between gender-specific homicide victimization rates and different forms of gender equality across a sample of European countries. Results showed support for a curvilinear relationship between financial equality and female and male homicide victimization, providing support for amelioration and backlash theories, but no support for absolute economic marginalization. While there were some similarities between the female and male models, there were enough differences to warrant further investigations of gendered theories of violent victimization.
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Kádár, Tamás. "Equality bodies." International Journal of Discrimination and the Law 18, no. 2-3 (June 2018): 144–62. http://dx.doi.org/10.1177/1358229118799231.
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The Treaty of Amsterdam and the subsequent adoption in 2000 of the so-called Race Directive was a genuine paradigm shift in European equal treatment legislation and practice. One of the major developments resulting from this Treaty change and new Directive was the introduction of a requirement for all European Union (EU) Member States to set up bodies for the promotion of equal treatment, first on the ground of race and ethnic origin, later extended to the ground of gender. This article analyses the emergence of these bodies – equality bodies – in EU Member States and candidate countries and the role they play in promoting equality and the implementation and monitoring of EU equal treatment legislation. It argues that equality bodies have a significant potential to contribute to more equal societies and they have proved to be effective agents of change. They do so, among others, by contributing to relevant case law in front of the Court of Justice of the EU leading to the further development and clarification of EU and national equal treatment legislation. The article also looks at the challenges experienced by equality bodies in different European countries as factors that influence and might limit their potential and contribution. To conclude, the article examines the necessary conditions for equality bodies to effectively contribute to the implementation of EU legislation and the achievement of substantive equality and it assesses whether current standards for equality bodies can guarantee these conditions.
Dissertations / Theses on the topic "Equality before the law – European Union countries"
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D'ANDREA, Sabrina. "Fluctuating conceptions of gender equality in EU law : a conceptual, legal and political analysis of EU policy, law and case law concerning work and care (1980-2020)." Doctoral thesis, European University Institute, 2021. https://hdl.handle.net/1814/70998.
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Defence date: 27 April 2021Examining Board: Professor Claire Kilpatrick (European University Institute); Professor Ruth Rubio Marín (Universidad de Sevilla); Professor Sophie Robin-Olivie (Paris 1 Panthéon-Sorbonne); Professor Annick Masselot (University of Canterbury)
Gender equality is a complex and debated concept; feminist scholarship and legal philosophy still struggle to define this notion. The EU context is no exception, as within the European project and literature, conceptions of gender equality have fluctuated. Existing literature has only given limited accounts of the different meanings of gender equality and has failed to identify the variables and reasons for this fluctuation in EU policy and case-law. In order to fill this gap, the present thesis takes onboard the challenge to uncover how the meaning of gender equality has shifted in the EU, across time, policy field and institutions. It starts by developing a theoretical frame which distinguishes between the possible aims of gender equality policy and the legal strategies employed by gender equality policy. It then applies this frame to four decades of EU policy regarding work and care, from 1980 to 2020, and questions to which extent these different gender equality conceptions and strategies have served the aim of women’s emancipation, assessing their effect on the gendered division of care and on the provision of social protection. The thesis shows that the main variable of fluctuation of gender equality conceptions has been the policy issue at stake: while the EU has employed formal equality in certain areas of law, it has been more prone to allow for substantive strategies for equality in others, depending on political priorities and opportunities. The conclusion explains these findings and reflects on the political conveniences of gender equality conceptions. It makes a theoretical, political and normative contribution to existing literature and debates concerning gender equality in the EU and gives directions for future gender equality policy.
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PAGANO, Mario. "Overcoming Plaumann : Environmental NGOs and access to justice before the CJEU." Doctoral thesis, European University Institute, 2022. http://hdl.handle.net/1814/75102.
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Defence date: 05 December 2022Examining Board : Professor Joanne Scott, (European University Institute, supervisor); Professor Claire Kilpatrick, (European University Institute); Professor Áine Ryall, (University College Cork); Professor Scott Cummings, (University of California, Los Angeles)
Since the early ‘90s, environmental NGOs have been fighting to be granted standing in actions for annulment. Direct access to the EU judiciary is hindered by the narrow interpretation given by the Court of the ‘individual concern’ requirement laid down under Article 263(4) TFEU. This narrow interpretation is known as ‘the Plaumann test’. By drawing from the literature on legal mobilisation and combining doctrinal and qualitative methods of analysis, the present dissertation explores how the European environmental movement has mobilised to overcome Plaumann in the last thirty years. In this regard, this thesis provides an empirical and theoretical contribution to the study of strategic litigation in the environmental domain. This by shedding light on the NGOs’ understanding of the legal opportunity structure in the EU, as well as on NGOs’ resources and legal strategies deployed to overcome Plaumann. This dissertation shows the relevance of networks membership in EU environmental litigation and argues that the lack of internal legal expertise does not necessarily prevent environmental organisations from resorting to legal mobilisation. Furthermore, this dissertation holds that, despite Plaumann, NGOs’ achievements are remarkable. In particular, the new Aarhus Regulation is expected to bring more legal mobilisation in Europe and deliver more disputes on the ‘science’ underlying EU environmental measures. Conversely, in the climate domain, NGOs are building what I conceptualised in terms of ‘transnational incremental judicial comfort’. The spreading of ‘judicial comfort’ in the climate context casts shadows on the CJEU, which looks increasingly ‘obsolete’ in the eyes of climate litigants. Finally, this dissertation argues that there is a demand within the European environmental movement for a different kind of EU environmental justice, which does not settle for administrative review of EU acts, but that rather strives for a more substantive judicial review of EU policy measures (including legislative acts).
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Papadamaki, Ioanna. "Les aides d'État de nature fiscale en droit de l'Union européenne." Thesis, Paris 2, 2016. http://www.theses.fr/2016PA020037.
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L’étude repose sur l’hypothèse que les aides d’État fiscales sont autonomes, se singularisant par rapport aux autres règles du droit fiscal de l’Union. Cela est dû au fait que la véritable nature de l’intégration, la véritable finalité du contrôle des aides fiscales, n’est pas facilement perceptible.Le régime des aides fiscales dépasse son cadre initial de contrôle des systèmes fiscaux pourintégrer celui d’élaboration de règles juridiques communes. Les autorités de l’Union, par le biais du régime des aides fiscales, contrôlent les systèmes fiscaux nationaux ; en même temps, elles parviennent à jouer un rôle important pour la coopération interétatique au regard de la lutte contrela concurrence fiscale dommageable. Plus important encore, elles réussissent à coordonner les systèmes fiscaux nationaux, procédant d’une instrumentalisation du contrôle des aides fiscales,contrôle étant conçu comme un succédané de l’harmonisation fiscale. La démonstration des finalités protéiformes de ce contrôle repose d’abord sur la méthode d’identification d’une aide fiscale, identification qui correspond aux finalités recherchées. La vérification de l’hypothèse initiale de singularisation des aides fiscales pose également la question de sa finalité. Ce contrôle est-il susceptible de façonner la structure même du droit fiscal de l’Union et, d’une manière plus substantielle, la répartition des compétences entre les autorités européennes et nationales ? Une technique comme celle du contrôle des aides fiscales peut-elle potentiellement contribuer à redéfinir la ligne de démarcation entre souveraineté fiscale des États membres et limitation tolérable de celle-ci par le droit de l’Union ?This thesis is based on the premise that tax state aids differentiate themselves from other tax law related rules of the European Union. This is due to the fact that the true nature of the integration, the true purpose of the regulation of tax state aids, is not so easily discernible. The legal status oftax state aids outreaches its original scope—the scrutiny of fiscal systems—to integrate that of creation of common legal rules. The authorities of the Union, through the tax aids regime, monitor domestic tax systems; at the same time, they come to play an important role in the context of the interstate cooperation tackling harmful tax competition. More importantly, they manage to coordinate domestic tax systems as a result of the “instrumentalization” of the regulation of taxaids. The latter is then regarded as a substitute to tax harmonization. This manifestation of themultifarious objectives of tax state aids regulation is firstly based on the technique ofcharacterization of a tax aid, a characterization corresponding ultimately to the goals as expected.The proof of the initial hypothesis of the self-containment of tax aids raises the question of its purpose. Is this regulation likely to weave the very structure of Union tax law and, more substantially, the division of competences between European and domestic authorities? Is a technique like the one related to tax state aids regulation likely to contribute to redefining the dividing line between member States tax sovereignty and its tolerable limitation by Union law?
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BENEDETTELLI, Massimo V. "Il giudizio comunitario d'eguaglianza." Doctoral thesis, 1987. http://hdl.handle.net/1814/4560.
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CROON, Johanna. "Reconceptualizing European equality law : a comparative institutional analysis." Doctoral thesis, 2013. http://hdl.handle.net/1814/28033.
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Defence date: 5 June 2013Examining Board: Professor Miguel Maduro, European University Institute (Supervisor) Professor Mattias Kumm, European University Institute Professor Neil Komesar, University of Wisconsin Professor Christoph Möllers, Humboldt Universität, Berlin.
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
The thesis seeks to widen our understanding of the general principle of equality within European Union law. In its approach it is theoretically ambitious yet grounded in case law analysis. After an introduction into the origins of the notion of equality, the thesis sets out to deconstruct the adjudication by the European Court of Justice as well as by selected Member State courts on some of the most pressing issues of European equality law via the means of comparative institutional analysis. More specifically, it examines the diversity of applied standards of testing by the European Court of Justice, its handling of reverse discrimination and its dealing with affirmative action. Moreover, it looks at the Austrian and German case law on reverse discrimination. Through this exercise, the thesis illustrates that the judges are in their decisions both guided by reaching a 'fair' outcome to the cases and by reflections on their ability to rule on egalitarian issues. The work describes in detail how institutional considerations inform judicial decisions in matters of equality. Building on the finding that institutional thinking influences judicial decision making, the thesis continues to ask whether this practice is desirable. Its concluding chapter argues for an adaptation of the existing equality doctrine in European Union law in order to provide judges, practitioners and academics with tools to merge institutional considerations along with legalist interpretation of equality guarantees in an open and comprehensible manner.
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SCHEBESTA, Hanna. "Towards an EU law of damages : damages claims for violations of EU public procurement law before national and European judges." Doctoral thesis, 2013. http://hdl.handle.net/1814/29598.
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Examining Board: Professor Hans-Wolfgang Micklitz, European University Institute Professor Giorgio Monti, European University Institute Professor Alexandra (Sacha) Prechal, Court of Justice of the European Union Professor Laurence W. Gormley, University of Groningen and College of Europe.Defence date: 16 September 2013
First made available online on 15 January 2015.
While the law is often highly harmonized at EU level, the ways in which it is realized in the various national courts are not. This thesis looks at enforcement through damages claims for violations of EU public procurement rules. Despite important recent amendments to the procurement remedies regime, the damages provision remains indeterminate. The legislative inertia pressures the CJEU to give an interpretation and raises the question as to how the Court should deal with damages. The requirements on damages claims are clarified under both general and public procurement EU law. The action for damages is conceived as a legal process which incorporates the national realm. Therefore, a comparative law part (covering England, France, Germany and the Netherlands) examines national damages litigation in public procurement law. A horizontal discussion of the legal issues which structurally frame damages claims is provided. The remedy of damages is analyzed as a bundle of rules and its constitutive and quantification criteria are studied, thereby refining the the Member States’ common conceptual base of damages claims. Functionally, the lost chance emerges as a compromise capable of mitigating the typically problematic nature of causation and uncertainty in public procurement constellations. An adjudicative approach to damages in EU law is developed through Member State liability and the procedural autonomy doctrine. Member State liability is construed as a form of constitutional liability which is distinct from damages arising under the 'effectiveness’ postulate of procedural autonomy. Procedural autonomy as currently used is legally indeterminate and inadequate from the point of view of procedural theory. The thesis proposes to sharpen the effectiveness test in three dimensions: material, based on the intrinsic connection between enforcement rules and substantive law; vertical, in delimiting the spheres of influence of national and EU courts; and in terms of institutional balance vis-à-vis the EU legislator.
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HERMANIN, Costanza. "Europeanization through judicial enforcement? : the case of race equality policy." Doctoral thesis, 2012. http://hdl.handle.net/1814/22689.
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Defence date: 23 May 2012Examining Board: Professor Adrienne Heritier (EUI/RSCAS) (Supervisor); Professor Lisa Conant (Univ. Denver); Professor Bruno De Witte (formely EUI/Univ. Maastricht); Professor Daniel Sabbagh (CERI, Sciences Po, Paris).
First made available online on 7 November 2019
Ten years after its enthusiastic adoption in 2000, the Race Equality Directive (RED) - a deeply innovative and indeed overall far-reaching piece of equal treatment legislation – seems to be still little enforced at the level of European courts. Why? Neither a sudden retrenchment of race discrimination in Europe, nor the inaptitude of the policy to generate European Union (EU)-law litigation, can easily explain the scarce signs of the extensive judicial enforcement that characterise other EU equal treatment policies, such as those on EU-nationality, gender and age. This study zooms in on the realm of domestic politics and judicial enforcement to inquire into cross-sectional and cross-national variations in the implementation of EU equal treatment policy. To do so, I rely upon analytical tools developed by three branches of EU studies scholarship — Europeanization, compliance and judicial politics literature — and I apply them to the yet unexplored domain of race equality policy. Tracing the process of transposition, in the first place, and analysing case law databases and expert interviews with legal practitioners, in the second place, I inquire into compliance and judicial enforcement in three EU countries: France, Germany and Italy. The findings of this comparative study confirm a very limited judicial enforcement of the RED, especially as domestic patterns of adversarial litigation in the domain of race equality are concerned. I explain this divergence looking at the ‗containment‘ action that domestic policymakers may exert on directives at the moment of transposition. In the case of the RED, this action crucially impinged on aspects likely to determine enforcement dynamics, such as those elements of the process regulating access to judicial redress. This work shows that in the case of a policy measure such as the RED, focused on individual judicial redress and mainly targeted towards disadvantaged end-users, the harmonization of some process elements is crucial to determining converging implementation dynamics. If Europeanization is contained at the moment of transposition, judicial enforcement can be seriously hindered at the national as well as the supranational levels even in presence of domestic legal mobilization. In addition to that, the thesis shows how limited raceconsciousness is to be found in contemporary European jurisprudence as well as in the claims filed by antidiscrimination law applicants.
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MAXWELL, Andy. "The European Community's antidumping methodology before and after the Uruguay Round : a critical legal, economic and political appraisal." Doctoral thesis, 1994. http://hdl.handle.net/1814/5599.
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PAGER, Sean A. "Strictness vs. discretion : the European Court of Justice's dual vision of gender equality." Doctoral thesis, 2002. http://hdl.handle.net/1814/5656.
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URBAN, Nikolaus. "Linguistic diversity and legal determinacy? : the principle of linguistic equality in European Community law." Doctoral thesis, 1999. http://hdl.handle.net/1814/5645.
Full textBooks on the topic "Equality before the law – European Union countries"
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Dagmar, Schiek, and Chege Victoria, eds. European Union non-discrimination law: Comparative perspectives on multidimensional equality law. Milton Park, Abingdon, Oxon: Routledge, 2008.
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Morano-Foadi, Sonia, and Micaela Malena. Integration for third country nationals in the European Union: The equality challenge. Cheltenham, UK: Edward Elgar, 2012.
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Neuvonen, Päivi Johanna. Equal citizenship and its limits in EU law: We the burden. Oxford: Hart Publishing Ltd, 2016.
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European Union non-discrimination law and intersectionality: Investigating the triangle of racial, gender and disability discrimination. Burlington, VT: Ashgate Pub., 2011.
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Howard, Erica. The EU race directive: Developing the protection against racial discrimination within the EU. Milton Park, Abingdon, Oxon, England: Routledge, 2009.
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K, Hervey Tamara, O'Keeffe David, University College, London. Centre for the Law of the European Union., and Europäische Rechtsakademie Trier, eds. Sex equality law in the European Union. Chichester: Wiley, 1996.
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European Commission. Directorate-General for Employment and Social Affairs. Unit D/3 , ed. Equality and non-discrimination in an enlarged European Union: Green paper. Luxembourg: Office for Official Publications of the European Communities, 2004.
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Engineering equality: An essay on European anti-discrimination law. Oxford: Oxford University Press, 2011.
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Gleichstellung in der erweiterten Europäischen Union: Gender equality in the enlarged European Union. Frankfurt am Main: Lang, 2008.
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Wilman, Folkert. Private enforcement of EU law before national courts: The EU legislative framework. Cheltenham, UK: Edward Elgar Publishing, 2015.
Find full textBook chapters on the topic "Equality before the law – European Union countries"
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Ott, Andrea. "Enlargement Policy." In Specialized Administrative Law of the European Union. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198787433.003.0002.
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The EU enlargement policy was labelled in 2003—shortly before the ‘big bang’ enlargement of 2004—the most successful EU external relations policy. Due to that success, the European Neighbourhood Policy (ENP) has, since 2003, copied certain characteristics of the policy and instruments. However, after the 2004 accession of twelve new Member States and the subsequent accession of Romania and Bulgaria in 2007 and finally of Croatia in 2013, a general enlargement fatigue can be diagnosed among the existing EU Member States. EU Member States have become wary of further accession in times of recurring crises of the European Union project and in light of the challenge of post-accession integration of new Member States, especially of Bulgaria and Romania, as an ongoing project. At the same time they are not willing to abandon such an effective tool for influencing and aligning third countries’ policies to EU law and for stimulating reforms in national administrative and legal orders of neighbouring countries in anticipation of accession. Montenegro, Serbia, and Turkey have started accession negotiations, Albania and the Former Yugoslav Republic of Macedonia secured a recognized candidate status, while Bosnia-Herzegovina and Kosovo are being viewed as potential candidates. While the enlargement policy is still in
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Kostiukov, Aleksander. "The Central Bank as a Financial Mega-regulator (Russian Experience)." In European Financial Law in Times of Crisis of the European Union, 317–26. Ludovika Egyetemi Kiadó, 2019. http://dx.doi.org/10.36250/00749.30.
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This contribution deals with the models of institutional regulation of financial markets. The main aim of the contribution is to confirm or disprove the hypothesis that the model of the Central Bank as a mega-regulator of financial markets is not optimal for the developing countries and particularly for Russia. The author highlights main arguments pro et contra Central Bank as a financial mega-regulator. The author supposes that before and during financial regulation reforms, it is necessary to answer the question: Is the financial market in the country sufficiently developed and extensive to abandon the functional (sectoral) regulation and move to mega-regulation? For Russia the answer is negative.
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Lenaerts, Koen, Piet Van Nuffel, and Tim Corthaut. "Judicial Protection Vis-à-Vis the Institutions and Bodies of the Union." In EU Constitutional Law, 791–809. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198851592.003.0030.
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This chapter reviews judicial protection of all those affected by the European Union's own actions. Union law rules must be upheld and applied not only within the Member States but also by the institutions and bodies of the Union itself. To this end, the Treaties have established 'a complete system of legal remedies and procedures designed to permit the Court of Justice to review the legality of measures adopted by the institutions'. Due to the requirement of equality of the Member States before Union law (Article 4(2) TEU), the legality of the actions of the institutions and bodies of the Union may be assessed only by the Court of Justice in accordance with Union law. In order to ensure that Union law is respected by the institutions and bodies of the Union, the Treaties provide for procedures whereby the Court of Justice may review the legality of their acts directly. In addition to these 'direct actions', there is the possibility for national courts and tribunals to ask the Court of Justice to give preliminary rulings on the validity of acts of the institutions and bodies. The chapter provides a brief description of these two forms of legal protection before assessing how the combination of the two forms constitutes a comprehensive system of legal protection.
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Evangelia (Lilian), Tsourdi. "Part III Regional Regimes, Ch.19 Regional Refugee Regimes: Europe." In The Oxford Handbook of International Refugee Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198848639.003.0020.
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This chapter examines refugee protection in Europe, defining Europe based on its two distinct legal regimes, the European Union (EU) and the Council of Europe (CoE). The EU and its Member States have developed a regional asylum framework, encompassing legislative, responsibility-allocation, and practical components. In parallel, EU border control, visa, and migration measures impact asylum by deflecting protection obligations to non-EU countries. The chapter then analyses the EU’s ambivalent asylum system before turning to the CoE, focusing on both the European Convention on Human Rights and soft law adopted in the CoE framework. EU asylum law has an expansive impact beyond the EU, including in neighbouring non-EU countries. To illustrate these expansive trends, the chapter looks at refugee protection in Turkey and Ukraine.
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Yann Simo, Regis. "The (Domestic) Enforcement of AU International Economic Law Instruments: Exploring the Desirability of Direct Effect." In The Emergent African Union Law, 417–35. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198862154.003.0023.
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This chapter deals with the principle of direct effect as applied in European Union (EU) law and explores its suitability in the enforcement of African Union (AU) legal instruments, notably those setting up the African Continental Free Trade Area (AfCFTA). What motivates the issue of direct effect is the noted reticence of African countries to litigate trade matters between themselves despite the existence of provisions of regional trade treaties creating courts of justice which give standing to Member States. Therefore, it surveys the avenues through which natural and legal persons can uphold their rights stemming from AfCFTA treaties, thus contributing to treaty interpretation and increasing security and predictability. Currently, the AfCFTA Dispute Settlement Protocol, modelled after the World Trade Organization (WTO), does not allow such a possibility, contrary to rights acquired by natural and legal persons before some African Regional Economic Communities (RECs) courts. Nevertheless, this chapter finds that carving out access of natural and legal persons to AfCFTA proceedings may not always work as intended since there are other ways to bypass these obstacles. These loopholes could be the gateway through which direct effect will develop and become a principle of AU law, broadly speaking. These gaps further complement this chapter’s suggestions to explore amending the AfCFTA legal instruments, even though its dispute settlement system is yet to be tested, in order to match the standing that natural and legal persons have acquired under the RECs, which, in fine, are building blocks towards achieving the AfCFTA and, eventually, the African Economic Community.
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Gabrichidze, Gaga. "The Impact of the Court of Justice of the European Union on the Georgian Legal System." In The Impact of the European Court of Justice on Neighbouring Countries, 241–62. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0011.
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This chapter scrutinizes perception of the case law of the Court of Justice of the European Union (CJEU) by the Georgian courts and the Georgian Competition Agency. With the conclusion of the Association Agreement between the EU and Georgia in 2014, the Georgian legal system undoubtedly became more closely connected with EU law. Hence, approximation commitments under the Association Agreement made the case law of the CJEU of much more relevance for the Georgian courts and administrative authorities. However, in the wake of intensification of EU–Georgia relations, the impact of CJEU case law can be identified even in the time before conclusion of the Association Agreement. Analysis shows that several factors play a role with regard to the extent and frequency of mentioning CJEU case law in the decisions of the Georgian courts and Competition Agency. Judges refer to case law of the CJEU with the aim of either strengthening their own arguments or using it as a source of interpretation. Taking into consideration the ‘European’ roots of Georgia’s competition policy, the Competition Agency regards the case law of the CJEU as having a very important interpretative value for closing ‘gaps’ in the law.
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Elbalti, Béligh. "The Impact of the Court of Justice of the European Union on Tunisian Judges: Quo Vadis?" In The Impact of the European Court of Justice on Neighbouring Countries, 320–46. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198855934.003.0014.
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This chapter examines the question whether the Court of Justice of the European Union (CJEU) has exercised an influence on Tunisian judges and the extent of that influence. After explaining the general legal background of Tunisia as a legal system and the attitude of Tunisian judges towards foreign legal sources in general, the chapter explores the available case law of Tunisian courts in order to identify the areas of law where such an influence manifests itself. It shows that, generally speaking, Tunisian judges are quite open to foreign legal sources and frequently cite those sources in their judgments. However, when it comes to the case law of the CJEU, two opposite trends could be identified. On the one hand, the case law of Tunisian ordinary courts shows that the CJEU exercises little influence on Tunisian judges, despite extensive and diversified cooperation between the EU and Tunisia. On the other hand, the case law of the Competition Council shows that the Council is more willing to refer to CJEU decisions in deciding the cases pending before them. The chapter considers several reasons that are likely to explain this double aspect of the influence of the CJEU on Tunisian judges. It argues that the weakness of comparative research, legal education in general, as well as the role played by legal actors in Tunisia are among the main reasons behind the current situation.
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Reading, Peter. "International Obligations and The Human Rights Act." In Blackstone's Guide to the Equality Act 2010, 260–88. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198870876.003.0013.
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This chapter explains how the Equality Act 2010 has a direct relationship with the UK’s international human rights obligations at regional and global levels in the European Union (EU), the Council of Europe, and the United Nations (UN). It is thus vital to the understanding, interpretation, and application of the Act to appreciate how it interacts with: EU equality and human rights law, before and after the UK ceasing its membership of the European Union (Brexit); the European Convention on Human Rights (ECHR) and the Human Rights Act 1998 (HRA) which implements the ECHR; and the key United Nations Conventions which relate to issues of equality of particular groups. The UK’s membership of the EU ended on 31 January 2020. This will have a fundamental effect on the application of EU equality and human rights law to the Act. It should be noted, however, that the UK’s departure from the EU does not in any way affect its membership of the Council of Europe, or being a party to the ECHR. The ECHR has been implemented into the UK’s domestic law by the enactment of the HRA.
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Whitfield, Louise. "Using the law to challenge gender based violence in university communities." In Gender Based Violence in University Communities, 149–68. Policy Press, 2018. http://dx.doi.org/10.1332/policypress/9781447336570.003.0008.
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This chapter considers the progressive potential of the existing legal frameworks, such as human rights and equality legislation, to challenge gender based violence (GBV) in university communities. It first highlights the limitations of existing university responses to sexual violence against students before explaining how the existing law could be used more to protect and provide justice for survivors of GBV, as well as bring about much-needed change in the accountability of universities and respect for women's rights. These laws include the Human Rights Act 1998 and the Equality Act 2010 in the UK, European and international law and instruments such as the Istanbul Convention, the European Union Victims' Directive, and the Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW). The chapter also examines how those laws have been used in action by individuals and campaigning groups to improve university approaches.
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Paolo, Saguato, Ferrarini Guido, and Pan Eric. "Part I Introduction, 4 Financial Market Infrastructures: The International Approach and the Current Challenges." In Financial Market Infrastructures: Law and Regulation. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198865858.003.0004.
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This chapter analyses the global initiatives for coordination of financial market infrastructure (FMI) regulation that have emerged since the 1990s, reflecting on both the European and the American perspectives. It begins by looking at the different approaches that authorities can take in tackling cross-border phenomena. Finding the right balance between securing national interests and engaging in international relationships is a delicate process: in international financial regulation, authorities can claim extraterritorial application of their domestic regime to keep control of the market and minimize the opportunities of regulatory arbitrage; but they can also try to contain opportunities for regulatory arbitrage by engaging in harmonization and coordination with other countries. The chapter then discusses the dynamics of the European Union and United States relationship and the approaches embraced by the two jurisdictions in regulating and overseeing derivatives central clearinghouses (CCPs) in the aftermath of the global financial crisis. It also examines Brexit and considers the severe challenges that the decision of the United Kingdom to leave the EU will have to the markets, before offering a snapshot of the challenges that financial technology (FinTech) is posing to the existing delicate cross-border regulatory equilibrium.
Conference papers on the topic "Equality before the law – European Union countries"
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Bublienė, Raimonda. "Internationalization and Multiple Discrimination: the Case of Employment Regulation." In Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.061.
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The article analyses European Union anti-discrimination law development in Member States and differences between protected grounds of discrimination. On this basis, the analysis covers recognition of the social complexity, internationalization and discrimination of foreigners for different grounds. The process of internationalization and migration, covering social, political, economical, cultural, legal processes, the non-discriminatory protection of a foreigner as a member of the society has become complicated, when attempting not to discriminate people arriving from the other countries and to have equal possibilities. The problems of discrimination are valid and significant for the civil society itself. The article also discusses the concept of multiple discrimination in European Union anti-discrimination law, legal regulation and protection against multiple discrimination in Europe and separate legal regulation of the Member States. This article argues that internationalization processes bring new approaches of interpretation of European Union employment equality law and contemporary challenges, introduces recent cases of equal treatment of employees during employment at private companies.
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Karluk, S. Rıdvan. "EU Enlargement to the Balkans: Membership Perspective to the Balkan Countries." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01163.
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After the dispersion of the Soviet Union, the European Union embarked upon an intense relationship with the Central and Eastern European Countries. The transition into capital market and democratization of these countries had been supported by the Ministers of Foreign Affairs at the beginning of 1989 before the collapse of the Soviet Union System. The European Agreements were signed between the EU and Hungary, Poland, and Czechoslovakia on December 16th, 1991. 10 Central and Eastern Europe Countries became the members of the EU on May 1st, 2004. With the accession of Bulgaria and Romania into the EU on January 1st, 2007, the number of the EU member countries reached up to 27, and finally extending to 28 with the membership of Croatia to the EU on July 1st, 2013. Removing the Western Balkan States, Serbia, Montenegro, Albania, and Bosnia and Herzegovina from the scope of external relations, the EU included these countries in the enlargement process in 2005.The European Commission has determined 2014 enlargement policy priorities as dealing with the fundamentals on preferential basis. In this context, the developments in the Balkans will be closely monitored within the scope of a new approach giving priority to the superiority of law. The enlargement process of the EU towards the Balkans and whether or not the Western Balkan States will join the Union will be analyzed.
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Karluk, S. Rıdvan. "Eurasian Customs Union and Turkey’s Membership." In International Conference on Eurasian Economies. Eurasian Economists Association, 2015. http://dx.doi.org/10.36880/c06.01343.
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Leaders of Russia, Belarus, and Kazakhstan which are the countries of disintegrated Soviet Union signed an agreement in order to establish a Union named Eurasian Economic Union on the date of 29 May 2014. With this attempt Russia wants to protect its former penetration on former Soviet geography by providing economic integration. Positive messages upon the membership of Turkey to Eurasia Economic Union were given at Eurasia Economic Union meeting which was held in Ankara in January mid-2015 and hosted by Andrey Karlov, Ambassador of Russia. Nursultan Nazarbayev, who is the pioneer of this idea, has stressed that Turkey should be a member of the Community several times before now. The idea of Sergey Markov, who is the point man of Putin as “Turkey should enter Eurasia Union not European Union, it can gain strength in this way”, is void within the scope of international agreements which Turkey signed with European Union and of the rules of WTO. Erdoğan, Prime Minister of the relevant term said Putin that “Take Turkey into Shanghai Cooperation Organization and ease our difficulty”; in Russian- Turkey peak held on 23 November 2013 in St. Petersburg province of Russia. This explanation is not possible in terms of international law. Explanation of Zeybekçi, Minister of Economy as “Eurasia Customs Union is a must for Turkey. We have to be there” is not realistic. In our paper we will deal and explain why Turkey cannot enter Eurasia Customs Union and why an axial dislocation cannot occur in Turkey.