Laws | Special Issue : The Charter of Fundamental Rights of the European Union: The First Ten Years

Editorial

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3 pages, 157 KiB

Open AccessEditorial

The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives

by Vasileios G. Tzemos and Konstantinos Margaritis

Laws 2021, 10(4), 76; https://doi.org/10.3390/laws10040076 - 30 Sep 2021

Cited by 2 | Viewed by 4340

Abstract

Since 1 December 2009, the time when the Treaty of Lisbon came into force, the Charter of Fundamental Rights of the European Union (hereinafter: the EU Charter, the Charter) has been formally included in the EU legal order as primary EU law [...] [...] Read more.

Since 1 December 2009, the time when the Treaty of Lisbon came into force, the Charter of Fundamental Rights of the European Union (hereinafter: the EU Charter, the Charter) has been formally included in the EU legal order as primary EU law [...] Full article

(This article belongs to the Special Issue The Charter of Fundamental Rights of the European Union: The First Ten Years - New Challenges and Perspectives)

Research

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16 pages, 257 KiB

Open AccessArticle

Activities of the European Ombudsman under the Charter of Fundamental Rights: Promoting Good Administration through Human Rights Compliance

by Alexei Avtonomov

Laws 2021, 10(3), 51; https://doi.org/10.3390/laws10030051 - 22 Jun 2021

Cited by 1 | Viewed by 5704

Abstract

The adoption of the Charter of Fundamental Rights has strengthened the position of the European Ombudsman, since the Charter contains an article specifically dedicated to the Ombudsman. At the same time, the Ombudsman, through her/his practice, contributes to the implementation in the everyday [...] Read more.

The adoption of the Charter of Fundamental Rights has strengthened the position of the European Ombudsman, since the Charter contains an article specifically dedicated to the Ombudsman. At the same time, the Ombudsman, through her/his practice, contributes to the implementation in the everyday life of the provisions of the Charter and their further development. The consolidation and development of the provisions of the Charter by the European Ombudsman have proceeded especially rapidly since the Charter of Fundamental Rights received the status of a binding act. Due to the fact that the right to “good administration” contained in the Charter of Fundamental Rights has become one of the basic human rights in the EU since the Charter became legally binding, the competence of the European Ombudsman has acquired a new substantive and factual (functional) content, expanding her/his ability to positively influence the EU administration in the field of governance and respect for fundamental rights. This article examines, based on legal acts, statistical and other factual data, the interrelated issues (such as institutional and human dimensions of European integration) of ensuring the effectiveness of the Charter of Fundamental Rights through the activities of the European Ombudsman. Full article

(This article belongs to the Special Issue The Charter of Fundamental Rights of the European Union: The First Ten Years - New Challenges and Perspectives)

18 pages, 308 KiB

Open AccessArticle

The Promise of the EU Charter of Fundamental Rights (and Brexit) on the Implementation of Economic and Social Rights among EU Member States

by Nirmala Pillay

Laws 2021, 10(2), 31; https://doi.org/10.3390/laws10020031 - 24 Apr 2021

Cited by 1 | Viewed by 5989

Abstract

This article examines the extent to which the inclusion of the European Union (EU) Charter of Fundamental Rights in the Treaty of Lisbon, which gives legal force to socio-economic rights as well as civil and political rights, will succeed in helping EU member [...] Read more.

This article examines the extent to which the inclusion of the European Union (EU) Charter of Fundamental Rights in the Treaty of Lisbon, which gives legal force to socio-economic rights as well as civil and political rights, will succeed in helping EU member states meet international treaty obligations to implement socio-economic rights. Will the EU’s renewed commitment to developing the social sphere, post-Brexit, be more successful and will British citizens lose out on so-cio-economic rights in the long term if the EU succeeds in creating a better social or public dimension? Member states of the EU that have ratified the International Covenant on Economic, Social and Cultural Rights (ICESCR) have obligations to progressively realise economic, social and cultural (ESC) rights. Progress on this has been slow and potentially made more difficult by the economic direction adopted by the EU since the 1980s. Although the EU, from the beginning, saw itself as a “social market” it struggled to embed the “social” to the same extent that it embedded the “market”. Critics argue that the economic policies of the EU and key judgements of the European Court of Justice (ECJ) successfully dis-embedded the market from its social context. Additionally, the regulatory regime of the EU developed in a direction that limited the capacity of nation states to ameliorate the consequences of market-led policies for the least advantaged. However, the Charter of Rights, which places socio-economic rights on an equal footing with civil and political rights, is a novel and bold initiative. It has stimulated debate on whether the Charter could rebalance the EU’s economic agenda by paying attention to the social consequences of predominantly market-led policies. This paper examines the potential impact of the EU Charter, in the context of member states international human rights obligations, to create an environment where member states of the EU have fewer obstacles to the “progressive realization” of ESC rights. Full article

(This article belongs to the Special Issue The Charter of Fundamental Rights of the European Union: The First Ten Years - New Challenges and Perspectives)

15 pages, 282 KiB

Open AccessArticle

Environmental Legislation in European and International Contexts: Legal Practices and Social Planning toward the Circular Economy

by Grigorios L. Kyriakopoulos

Laws 2021, 10(1), 3; https://doi.org/10.3390/laws10010003 - 14 Jan 2021

Cited by 28 | Viewed by 6262

Abstract

Environmental issues and relevant policy plans are steadily involving the circular economy (CE) concept into business development. Such significant approaches to achieve environmentally sustainable economic development, they are supported and reinforced by dissatisfaction with the linear traditional approach of “take-make-dispose” model. This traditional [...] Read more.

Environmental issues and relevant policy plans are steadily involving the circular economy (CE) concept into business development. Such significant approaches to achieve environmentally sustainable economic development, they are supported and reinforced by dissatisfaction with the linear traditional approach of “take-make-dispose” model. This traditional production model is bounded on large quantities of directly accessible resources and energy. Therefore, at this study the transition of the linear take-make-dispose model was investigated toward the circularity approach of cost-effectiveness over eco-efficiency. In this respect the study focused on, mainly European, environmental legislation at the industrial sector and the abiding legal practices and social planning regarding CE. The collective presentation of directives and regulations was accompanied by representing those research considerations, social reflections, and legal practices’ impacting. The challenging issues and the key developmental prospects for future researches have been conclusively denoted. Full article

(This article belongs to the Special Issue The Charter of Fundamental Rights of the European Union: The First Ten Years - New Challenges and Perspectives)

12 pages, 217 KiB

Open AccessArticle

Diplomatic and Consular Protection with Special Reference to Article 46 of the EU Charter of Fundamental Rights

by Riaan Eksteen

Laws 2020, 9(4), 32; https://doi.org/10.3390/laws9040032 - 21 Dec 2020

Viewed by 4328

Abstract

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with [...] Read more.

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU. Full article

(This article belongs to the Special Issue The Charter of Fundamental Rights of the European Union: The First Ten Years - New Challenges and Perspectives)

23 pages, 360 KiB

Open AccessArticle

Interrogating the Role and Value of Cultural Expertise in Law

by John R. Campbell

Laws 2020, 9(4), 29; https://doi.org/10.3390/laws9040029 - 30 Nov 2020

Cited by 5 | Viewed by 5347

Abstract

It is common for litigation to draw upon expert evidence to assist a judge to arrive at a balanced decision. This paper examines the role of one type of expert evidence submitted to courts, namely cultural expertise (CE), which provides information on socio-cultural [...] Read more.

It is common for litigation to draw upon expert evidence to assist a judge to arrive at a balanced decision. This paper examines the role of one type of expert evidence submitted to courts, namely cultural expertise (CE), which provides information on socio-cultural issues such as kinship, family, marriage, customs, language, religion, witchcraft and so on. This type of evidence is primarily the result of qualitative, ethnographic research. I begin by examining the views of experts who have provided CE to courts/mediators; I then look at how judges view and make use of CE, and finally I examine lawyers’ views on CE. To address gaps in published research, I interviewed British barristers to understand how they make use of experts in the cases they litigate. Finally, I have surveyed legal decisions made by all British appellate courts to arrive at an approximate idea of the extent to which CE has been submitted in English and Welsh courts. I conclude that the extent to which CE—and other types of socio-legal evidence—is submitted varies considerably depending upon the legal/evidentiary procedures followed in different jurisdictions and in different countries. Full article

(This article belongs to the Special Issue The Charter of Fundamental Rights of the European Union: The First Ten Years - New Challenges and Perspectives)

21 pages, 315 KiB

Open AccessArticle

A ‘Wellbeing’ Paradigm: A Concept-Based Study of Body Art and Regulatory Challenges

by Nicola Glover-Thomas

Laws 2020, 9(4), 22; https://doi.org/10.3390/laws9040022 - 15 Oct 2020

Viewed by 6063

Abstract

In this paper, I trace the changing characterisation of health and consider the evolution of health within a shifting paradigmatic landscape. I argue that understanding health now encompasses the importance of wellbeing as a key determinant of longer-term good health. I use the [...] Read more.

In this paper, I trace the changing characterisation of health and consider the evolution of health within a shifting paradigmatic landscape. I argue that understanding health now encompasses the importance of wellbeing as a key determinant of longer-term good health. I use the case study of body modification and body art to explore this further. I argue that, while body modification and body art, as a means of self-expression and empowerment, is relatively easy to access, there are critical gaps in the regulatory framework that may undermine the notion of wellbeing and individual choice. I critique the Court of Appeal’s decision in R v BM, [2018] EWCA Crim 560 which raises particular public interest concerns, but conclude that it is a missed opportunity in relation to how the law understands the promotion of ‘self’ within a model of wellbeing. Full article

(This article belongs to the Special Issue The Charter of Fundamental Rights of the European Union: The First Ten Years - New Challenges and Perspectives)

8 pages, 242 KiB

Open AccessArticle

The UK Government’s Covid-19 Response and Article 2 of the ECHR (Title I Dignity; Right to Life, Charter of Fundamental Rights of the EU)

by Miroslav Baros

Laws 2020, 9(3), 19; https://doi.org/10.3390/laws9030019 - 31 Aug 2020

Cited by 3 | Viewed by 7452

Abstract

The purpose of this article is to assess the impact of the UK government’s response to the Covid-19 outbreak from a human rights perspective, particularly its apparent tension with Article 2 of the European Convention on Human Rights (ECHR) in relation to non-Covid-19 [...] Read more.

The purpose of this article is to assess the impact of the UK government’s response to the Covid-19 outbreak from a human rights perspective, particularly its apparent tension with Article 2 of the European Convention on Human Rights (ECHR) in relation to non-Covid-19 patients whose lives were put at risk by not being able to attend appointments and treatments for pre-existing conditions and illnesses. The UK has also rejected the application of the Charter of Fundamental Rights of the European Union with the European Union Withdrawal Act 2018, which will leave the population even more exposed to potential human rights violations. This seems to be a direct consequence of the narrative and slogan employed by the government: “Stay Home; Protect the NHS; Save Lives”. Other potentially threatened categories, the NHS staff and prisoners are also mentioned in the same context. The latter have already launched a judicial review application along the same lines: Article 2 of the ECHR and the due regard duty stemming from the Equality Act 2010. The NHS staff were directly at risk, and evidence was emerging almost on a daily basis that implied authorities’ responsibility for the shortage of personal protective equipment and testing kits. While there have been a number of discussions on other issues in relation to the lockdown and the strategy directly or indirectly impacting human rights, it appears that no discussion on the impact of the strategy for non-Covid-19 patients and other categories from a human rights perspective has taken place. This gap in analyses and literature merits the present analysis. Full article

(This article belongs to the Special Issue The Charter of Fundamental Rights of the European Union: The First Ten Years - New Challenges and Perspectives)

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