La costituzione culturale dell'Unione europea
In: Pubblicazioni della Facoltà di Giurisprudenza
In: 3, Monografie 22
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In: Pubblicazioni della Facoltà di Giurisprudenza
In: 3, Monografie 22
In: International review of intellectual property and competition law: IIC, Band 55, Heft 1, S. 89-109
ISSN: 2195-0237
AbstractThe Marrakesh Treaty to Facilitate Access to Published Works for Persons Who Are Blind, Visually Impaired or Otherwise Print Disabled (Marrakesh Treaty) requires State Parties to introduce limitations and exceptions to national copyright rules in order to allow the reproduction, distribution and making available of published works in formats that are accessible to persons who are blind, visually impaired or otherwise print disabled. This Treaty was concluded by the European Union (EU) on behalf of its Member States in 2018. It was then implemented by means of a Directive and a Regulation. On the tenth anniversary of its adoption, and six years after the enactment of the EU implementing acts, this article reflects on the implementation of the Marrakesh Treaty in the EU, highlighting its strengths and shortcomings. It then discusses, from a disability perspective, the impact of the Marrakesh Treaty within Europe on foot of a multimethod empirical study conducted within the project ReCreating Europe. On the whole, this article argues that, in spite of some weaknesses of the Marrakesh Directive, which leaves room for differences across the Member States, the ratification of the Marrakesh Treaty by the EU has supported access to printed materials for people with disabilities.
In: Delia Ferri, 'The Role of the European Union in Ensuring Accessibility of Cultural Goods and Services: All about that … Internal Market?' ELRev (2023 Forthcoming)
SSRN
In: Rossana Deplano, Giulia Gentile, Luigi Lonardo, Tobias Nowak (eds), Interdisciplinary Research Methods in EU Law: A Handbook (Edward Elgar), Forthcoming
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In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 12, Heft 1, S. 176-195
ISSN: 2190-8249
This article discusses the role of European Union (EU) State aid law in the COVID-19 crisis. It contends that different Treaty derogations have played unique roles in addressing the core determinants of the economic risk linked to the pandemic (ie the "exposure" to lockdown measures and the "vulnerability" of certain sectors to them), and in increasing the resilience of national economies. Moreover, this article examines the extent to which EU State aid law has been used to manage and mitigate health risks, by allowing Member States to enhance the preparedness and capacity of their healthcare sector (broadly conceived) to respond to the pandemic. On the whole, this article maintains that State aid control has been used by the European Commission as an important "risk management tool", and it highlights the role of the Commission as the crisis management authority.
The UN Convention on the Rights of Persons with Disabilities (CRPD) explicitly embeds the concept of reasonable accommodation within the principle of non-discrimination. Article 2 of the CRPD unambiguously recognizes that reasonable accommodation is vital in enabling persons with disabilities to enjoy and exercise their rights on an equal basis with others. This article argues that in the ten years since its entry into force, the CRPD has stimulated a process of cross-fertilization. In particular, it contends that the CRPD has played a crucial role in the advancement of disability equality, and in the recognition of reasonable accommodation as a gateway to the equal enjoyment of all human rights within the European human rights system. By adopting a legal perspective and a traditional doctrinal approach, this article focuses on relevant European Court of Human Rights (ECtHR) case law. It shows the gradual adoption by the ECtHR of the concept of reasonable accommodation as an essential element to remove specific barriers or disadvantages to which a particular disabled individual would otherwise be subject. The primary emphasis of this short article is on the ECtHR case law and on the extent to which it has translated the CRPD and the work of the CRPD Committee into the European human rights system.
BASE
In: Social Inclusion, Band 6, Heft 1, S. 40-50
ISSN: 2183-2803
The UN Convention on the Rights of Persons with Disabilities (CRPD) explicitly embeds the concept of reasonable accommodation within the principle of non-discrimination. Article 2 of the CRPD unambiguously recognizes that reasonable accommodation is vital in enabling persons with disabilities to enjoy and exercise their rights on an equal basis with others. This article argues that in the ten years since its entry into force, the CRPD has stimulated a process of cross-fertilization. In particular, it contends that the CRPD has played a crucial role in the advancement of disability equality, and in the recognition of reasonable accommodation as a gateway to the equal enjoyment of all human rights within the European human rights system. By adopting a legal perspective and a traditional doctrinal approach, this article focuses on relevant European Court of Human Rights (ECtHR) case law. It shows the gradual adoption by the ECtHR of the concept of reasonable accommodation as an essential element to remove specific barriers or disadvantages to which a particular disabled individual would otherwise be subject. The primary emphasis of this short article is on the ECtHR case law and on the extent to which it has translated the CRPD and the work of the CRPD Committee into the European human rights system.
The author discusses how and to what extent EU directives ensure the protec¬tion of migrants with disabilities and meet the standard of protection of the UN Convention on the rights of People with Disabilities. ; L'autore discute come e in che misura le direttive UE garantiscano la protezione dei migranti con disabilità e soddisfino lo standard di protezione della Convenzione delle Nazioni Unite sui diritti delle persone con disabilità.
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In: Journal of common market studies: JCMS, Band 53, Heft 1, S. 177-177
ISSN: 1468-5965
In: Perspectives on Federalism, Band 5, Heft 3, S. E-56
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In: Routledge research in EU law
The EU between market state ideals and social market economy objectives : placing the social market economy within the Union's constitutional history / Charles Edward O'Sullivan -- The EU transformation of the social state / Marco Dani -- Social rights, social market economy, and the European social model : tracing conceptual boundaries / Stefano Civitarese Matteucci -- EU citizenship and the social market economy : shifting balances / Giacomo Delledonne -- W(h)ither social Europe : labour rights in a social market economy / Michael Doherty -- The social dimension of EU public procurement and the social market economy / Christopher Bovis -- Social considerations in EU competition law : the protection of competition as a cornerstone of the social market economy / Andreas Heinemann -- State aid law in a social market economy / Delia Ferri and Juan Jorge Piernas Lopez -- Services of general economic interest and social considerations / Juan Jorge Piernas Lopez -- Social services, service providers, and non-economic activities in the realm of the EU "social market economy" / Silvia Pellizzari -- Cross-border healthcare and the social market economy / Lucia Busatta and Tamara Hervey -- Social considerations in EU consumer law : the legislator, the court, and a rhapsody in blue / Vanessa Mak -- Towards a more socially orientated EU copyright law : a soft paradigm shift after Lisbon? / Caterina Sganga -- The social dimension of EU energy law / Gokce Mete and Raphael Heffron -- The social dimension of the common commercial policy / Vivian Kube and Luigi Pedreschi -- The social dimension of EU investment law and policy / Sondra Faccio
In: Research handbooks in European law
In: Law in context
Building the foundations : disability theory and core themes -- The protection of the rights of persons with disabilities under international human rights law before the adoption of the United Nations Convention on the Rights of Persons with Disabilities -- The United Nations Convention on the Rights of Persons with Disabilities -- Equality and non-discrimination for persons with disabilities -- Accessibility for persons with disabilities -- Legal capacity and human dignity -- Persons with disabilities and the justice system -- The right to work for persons with disabilities -- Disability rights, social inclusion and core policy issues -- Disability law and policy in the European Union -- Disability discrimination in European Union law -- Accessibility in European Union law -- Disability law and policy in the Council of Europe -- Disability law and policy in the inter-American human rights system -- Disability law and policy in the African human rights system and in the Asian transnational regime.
In: Disabilities, Band 4, Heft 3, S. 539-555
ISSN: 2673-7272
Arts and culture are central to the political struggles of people with disabilities and have the potential to transform how societies relate to disability and to realize the human rights model of disability enshrined in the Convention on the Rights of Persons with Disabilities. Yet, low levels of participation in arts by people with disabilities are reported in many countries. We also lack research to support policy making that promotes positive measures. This article presents some of the findings from a large qualitative study across 28 European countries addressing factors perceived as facilitative of cultural participation by people representing organizations of people with disabilities. Identifying these factors is a step in supporting the deployment of policies aiming to end the exclusion of people with disabilities from the cultural sphere both as audiences and artists and to realize the human rights model of disability. In particular, findings point to the need to change the knowledge base and ethos of cultural bodies and to reform, amongst other issues, funding mechanisms, governance structures, and consultation processes. We argue that making disability inclusion more intrinsic to cultural policy has the potential to enhance diversity and ultimately to foster the participation of people with disabilities in society more broadly.
In: The sociological review
ISSN: 1467-954X
This article critically discusses participation by people with disabilities in the arts, drawing on Pierre Bourdieu's concept of cultural capital. It is informed by a qualitative study with representatives of organisations working on arts and disability in 22 European countries. The article highlights that experiences of inequality at various levels, including within education systems, and medicalised understandings of what disability is, continue to hamper arts participation and development of cultural capital by people with disabilities. A Bourdieusian analysis unveils how organisations working on arts and disability consciously engage in 'high' arts practices as an expression of distinction and in a way that is designed to reframe what is culturally valued within their fields. It also demonstrates the continued relevance of Bourdieu's theorising of cultural capital and of arts practices as distinction for potentially marginalised groups. Furthermore, participants often linked arts participation involving high artistic standards to potential change in how societies understand and relate to disability, connecting cultural practices and political struggles.