Suchergebnisse

[Abstract: A powerful narrative exists in European Union Law that argues that the Union and its main legal actor, the European Court of Justice, have placed the individual at the centre of the European project. The creation of the European individual (worker/consumer/producer/employer.) is largely the result of a legal technique which consists in granting individuals with subjective rights opposable to the Member States. EU legislation and jurisprudence are replete with such rights. In the past two decades, the language of market rights has developed in the grammar and semantic of citizenship rights. This paper is an attempt to address some of the shortcomings of this construction by relying on the concept of status. A concept of status has recently emerged in the case law of the European Court of Justice. The paper argues that, beyond its purely rhetorical value, the concept may be constructed in normative terms so as to offer a new conceptualization of individual autonomy at the EU level. A conception that preserves the emancipatory character of EU law but is more sensitive to the protection of affected interests.]

[Abstract: A powerful narrative exists in European Union Law that argues that the Union and its main legal actor, the European Court of Justice, have placed the individual at the centre of the European project. The creation of the European individual (worker/consumer/producer/employer.) is largely the result of a legal technique which consists in granting individuals with subjective rights opposable to the Member States. EU legislation and jurisprudence are replete with such rights. In the past two decades, the language of market rights has developed in the grammar and semantic of citizenship rights. This paper is an attempt to address some of the shortcomings of this construction by relying on the concept of status. A concept of status has recently emerged in the case law of the European Court of Justice. The paper argues that, beyond its purely rhetorical value, the concept may be constructed in normative terms so as to offer a new conceptualization of individual autonomy at the EU level. A conception that preserves the emancipatory character of EU law but is more sensitive to the protection of affected interests.]

The reference to "social market economy" introduced in the Lisbon Treaty seems to fit with the political theory guiding the Court of Justice in its recent decisions in Viking and Laval. Through these judgments, the Court promotes the ideal of a European Community which integrates not only in economic but also in social terms. The article discusses the practical ways and the legal means by which it realizes this ideal. First, the Court first has to make clear the relevance of EC internal market law in the field of collective labour action (industrial action). The Court uses both the Directive on posted workers and the Treaty–based rights to economic freedom. Second, the Court has to reconcile market and social elements of the European integration. It uses a model of balancing of economic and social objectives. However, at both these two stages, difficulties arise.

This book is a reflection of the social reality of mass migration in the EU from a legal perspective. It consists of a collection of essays reflecting on important current issues including the scope of the powers allocated to the EU, the cooperation of the EU with third countries and the emergence of international migration legal norms.