The Constitutional Politics of Merit
In: in Mark Tushnet and Dimitry Kochenov (eds.) Handbook on the Politics of Constitutional Law (E.E. 2023).
36 Ergebnisse
Sortierung:
In: in Mark Tushnet and Dimitry Kochenov (eds.) Handbook on the Politics of Constitutional Law (E.E. 2023).
SSRN
Integration is becoming increasingly important in law, due to the growing involvement of the legislative, executive and judicial powers at European, national, regional and local levels. This phenomenon concerns third-country nationals and EU citizens, despite the fundamentally different legal regimes applicable to these groups. In this article, I discuss the expansion of integration duties and the different legal mechanisms which they are based on. I propose four conditions- and obligations-based integration models likely to be found in EU law and national laws: the symbolic model, the meritocratic model, the activation model and the selective model. From a legal perspective, identifying these integration mechanisms is essential for assessing compliance with fundamental rights and EU law. Moreover, such a typology is likely to help researchers, policy-makers and the public obtain a better sense of how the conception of integration evolves in our societies and in the legal field in particular. I conclude by briefly sketching a common trend which I observed throughout the four models: they are imbued with a strong socioeconomic dimension hindering the socioeconomically underprivileged categories.
BASE
In: Maastricht journal of European and comparative law: MJ, Band 28, Heft 6, S. 784-804
ISSN: 2399-5548
Integration is becoming increasingly important in law, due to the growing involvement of the legislative, executive and judicial powers at European, national, regional and local levels. This phenomenon concerns third-country nationals and EU citizens, despite the fundamentally different legal regimes applicable to these groups. In this article, I discuss the expansion of integration duties and the different legal mechanisms which they are based on. I propose four conditions- and obligations-based integration models likely to be found in EU law and national laws: the symbolic model, the meritocratic model, the activation model and the selective model. From a legal perspective, identifying these integration mechanisms is essential for assessing compliance with fundamental rights and EU law. Moreover, such a typology is likely to help researchers, policy-makers and the public obtain a better sense of how the conception of integration evolves in our societies and in the legal field in particular. I conclude by briefly sketching a common trend which I observed throughout the four models: they are imbued with a strong socioeconomic dimension hindering the socioeconomically underprivileged categories.
In: Human rights law review, Band 21, Heft 4, S. 962-1007
ISSN: 1744-1021
Abstract
It is widely agreed that victims of discrimination on traditional status grounds such as gender and race are overrepresented among the poor and undereducated. People living in poverty also face discrimination because of their socioeconomic situation. Many national, European and international antidiscrimination provisions prohibit discrimination on grounds that are related to a person's socioeconomic situation. It is striking, however, that this is hardly applied in practice. On the basis of domestic—Belgian, French and British—and European material, this paper argues that the prohibition of discrimination on grounds of social condition is an empowering legal tool in the protection of disadvantaged people, especially regarding issues of misrecognition. Four reasons for this are considered: the determining role of the prohibition of discrimination on grounds of social condition in applying a direct scrutiny of the socioeconomic underprivileged situation of the applicants, its role in combating stereotypes and stigma against poor people, its important cross-cutting function in cases of multiple discrimination, and its exclusive applicability in some occurrences of discrimination.
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 12, Heft 2, S. 343-354
ISSN: 2190-8249
Socioeconomic disadvantages are amplified by the COVID-19 pandemic all over the world. Public actions and omissions severely affect the poor, alongside their precarious living, health and working conditions. As we slowly prepare for the aftermath of the pandemic, thanks to the progression of vaccination, especially in developed countries, certain measures taken in this context, more specifically the "vaccination certificates", are likely particularly to affect the poor, who usually also belong to other vulnerable groups such as ethnic minorities or single parents, and could eventually constitute for them a state of permanent quarantine. In this contribution, I argue that COVID-19 vaccination certificates are a slippery slope towards exclusion and stigmatisation of the poor through a bureaucratic system based on privileges that raises important questions in light of the fundamental rights of the people who reside at society's margins, struggling to conform to the "phantom of normalcy".
In: Journal of common market studies: JCMS, Band 59, Heft 2, S. 478-479
ISSN: 1468-5965
In: Revue de droit des étrangers, n°209, 2021, p. 5.
SSRN
In: S Ganty, Da Mihi Elimo Sinam Propter Amorem Dei. The Double-edged ECtHR Lăcătuş Judgment on Criminalisation of Begging, European Convention on Human Rights Law Review (forthcoming)
SSRN
In: Revue trimestrielle des droits de l'homme, N°126, 2021, pp. 319-352.
SSRN
In: 21(4) Human Rights Law Review (2021), 962-1007.
SSRN
In: Sarah Ganty, Integration duties in the European Union: Four models, Maastricht Journal of European and Comparative Law (2021) Vol. 28(6) 784–804
SSRN
In: Polish Yearbook of International Law, XV, 151-178.
SSRN
In: (2021) 12 European Journal of Risk Regulation (Forthcoming)
SSRN
In: EUI Department of Law Research Paper No. 2020/12
SSRN
Working paper
In: EUI Department of Law Research Paper No. 2020/12
SSRN
Working paper