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71. Renewed Non-discrimination and Equality Promises for National Minorities in Europe

Author:
Liefke Dolmans and Elisabeth Kühn
Publication Date:
11-2013
Content Type:
Working Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
One of the founding principles of the European Union is the recognition that every individual is of equal value. On top of this, the 2000 Race Directive reaffirms the principle of equal treatment between persons irrespective of racial or ethnic origin. Discrimination and inequality are nevertheless still major problems for vulnerable ethnic and national minorities in Europe, as the results of the most recent EU MIDI-survey describes. Bearing in mind the principle of equality, it is not surprising that two new equality concepts arrived at the Council of Europe and EU level in the last years: 'The new commitment to equality and non-discrimination' and 'full and effective equality.' In a communication Note from July 2008, the European Commission expressed its desire for this 'renewed commitment to non-discrimination and equal opportunity,' which proposes a shift from formal equality to a more substantive equality approach. In this paper, we will consider whether this statement is an exemplary expression of an assumed development in the EU, namely that of broadening and strengthening equality and non-discrimination legislation and, furthermore, whether a possible development from formal to substantive equality is also effectively taking place. We analysed whether this trend is only visible in the European Commission or also present within other players in the non-discrimination and equality field. We then sought to understand whether this trend is visible in theory as well as practice. This paper furthermore analyzes whether this trend enlarges the protection scope against discrimination for national minorities, or if this equality manifestation truly supports national minorities to be recognized as equals with the majority.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Europe

72. EU Privacy Regulation: Implications for U.S. and EI Law Enforcement

Author:
Carlton Forbes and Jacob Victor
Publication Date:
12-2012
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In January 2012, the European Commission released drafts of two new pieces of legislation that would provide more stringent and more uniform regulation to the processing of electronic data relating to EU citizens. The proposed General Data Protection Regulation would govern the processing of data for general purposes, while the proposed Criminal Justice Directive would govern data processed in the specific context of criminal investigations. The Data Protection Regulation has proven controversial because of the significant number of requirements it imposes on private data processors, including requirements that the processor notify a consumer when her data is shared with a third party, and requirements that processors respect a number of new individual rights, such as the right of a consumer to request that her data be deleted (a.k.a. “the right to be forgotten”). Furthermore, the Regulation would mandate that many non-EU corporations would need to comply with its requirements when processing the data of EU citizens, or face harsh penalties. This memo summarizes the existing EU data protection regime, analyzes the changes proposed by the new Data Protection Regulation and Criminal Justice Directive, and explores the implications of this new legislation for U.S. criminal and national security investigations. We arrive at three main conclusions
Topic:
Law Enforcement, Law, European Union, Regulation, and Legal Theory
Political Geography:
Europe, North America, and United States of America

73. National minority groups in post-Lisbon Europe: the presence of Europeanisation and transnational human rights in one policy field

Author:
Tamara Jovanovic
Publication Date:
01-2012
Content Type:
Working Paper
Institution:
European Centre for Minority Issues (ECMI)
Abstract:
This working paper explores the role of some recent components under the European Union legal and political aegis and its coexistence with the CoE, here approached as a potential advancement of the protection, promotion and preservation of national minority groups in European Union member states. Although the European Union has been slow in the development of clear competences on minority rights, several considerations pertinent to national minorities can be depicted across the European Union frameworks. The European Union treaty is committed to the safe guard of human rights and the respect for minorities in its 'values article' which are applicable under Community Action. This basis is further accompanied by other policy functions which stimulate action on the promotion and preservation of minority identities, in particular in the fields of language and culture. Such policies are prescribed in different degrees of European Union competences and modes of implementation, ranging between formal legal effects and informal political consequences, generating varied forms of Europeanization. At the same time, nearly all European Union member states are bound by additional transnational regulations on human and minority rights, such as those developed by the Council of Europe. This level of transnational human rights is gradually also becoming embodied into European Union structures, while already embodied by most European states' constitutions. By taking account of some developments under each process, their interaction, but also coexistence, this paper aims to identify how Europeanization and transnational forces can help to construct and sustain a policy field, namely a national minority policy.
Topic:
Human Rights, Governance, Law, and Minorities
Political Geography:
Europe

74. Much ado about nothing? State-controlled entities and the change in German investment law

Author:
Thomas Jost
Publication Date:
06-2012
Content Type:
Policy Brief
Institution:
Columbia Center on Sustainable Investment
Abstract:
The rise of sovereign wealth funds (SWFs) and state-owned enterprises (SOEs) -- together state-controlled entities (SCEs) -- has led to concerns that SCEs could threaten national security by following political rather than mere commercial goals with respect to their foreign direct investment (FDI). While developed countries acknowledged that the rise of SCEs should not lead to new barriers to FDI, several have changed their legislation to expand government oversight of FDI flows. In 2009, Germany also tightened its foreign investment regime. What are the first experiences with this change in German investment law?
Topic:
Economics, Markets, Foreign Direct Investment, and Law
Political Geography:
Europe and Germany

75. Commission v. Gazprom: The antitrust clash of the decade?

Author:
Alan Riley
Publication Date:
10-2012
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
It may well be that the Gazprom antitrust case launched by DG Competition on September 4th will turn out to be the landmark antitrust case of this decade, as Microsoft was of the last decade. The argument of this paper is that, for a host of political and economic reasons, this case is likely to be hard fought by both sides to a final prohibition decision and then onwards into the EU courts. In the process, the European gas market and the powers of DG Competition in the energy field are likely to be transformed.
Topic:
Economics, Markets, Natural Resources, and Law
Political Geography:
Europe

76. A Bridge or Barrier to Incorporation? Germany's 1999 Citizenship Reform in Critical Perspective

Author:
Triadafilos Triadafilopoulos and Karen Schönwälder
Publication Date:
04-2012
Content Type:
Journal Article
Journal:
German Politics and Society
Institution:
German Politics and Society Journal
Abstract:
This article probes the consequences of Germany's 1999 citizenship reform as it pertains to the incorporation of immigrants. We maintain that the law's principled rejection of dual citizenship and related stipulation that children born into German nationality via the law's revolutionary jus soli provision choose between their German citizenship or that of their non-German parents between the ages of eighteen and twenty-three is unfair, potentially unconstitutional, and likely unworkable in administrative terms. We also argue that the decline in naturalization rates in Germany since 2000 is due to a combination of legal, administrative, and symbolic barriers in the law, as well as a lack of incentives for naturalization for immigrants from European Union member states and other rich industrialized countries. We believe that progress in the area of incorporation will require a shift in outlooks on the part of German political elites, such that immigrants are seen as potential members of a diverse community of free and equal citizens rather than untrustworthy and threatening outsiders.
Topic:
Law
Political Geography:
Europe and Germany

77. European Asylum Law and the ECHR: An Uneasy Coexistence

Author:
Laurens Lavrysen
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
During the last two decades the European Union has become a major actor in the field of asylum law. Meanwhile, human rights law, in particular the European Convention on Human Rights (ECHR), has become of paramount importance in this field. This paper highlights certain areas of concern in the European Asylum System from the viewpoint of the ECHR. It particularly focuses on the Dublin II Regulation, the reception conditions and the detention of asylum seekers.
Topic:
Human Rights and Law
Political Geography:
Europe and Dublin

78. The EU Charter of Fundamental Rights and its Impact on Labor Law: a Plea for a Proportionality-Test "Light"

Author:
Herman Voogsgeerd
Publication Date:
06-2012
Content Type:
Journal Article
Journal:
The Goettingen Journal of International Law
Institution:
The Goettingen Journal of International Law
Abstract:
Traditionally, fundamental human rights have occupied an important place in labor law. The ILO constitution of 1919 focuses, for example, on the right of freedom of association. Subsequent ILO documents stress other fundamental rights such as the right to non-discrimination in the field of labor. The fundamental rights of the worker did begin to get some attention in the EU too, especially in non-binding documents such as the Community Charter of the Rights of the Worker from 1989. Since the entry into force of the Treaty of Lisbon in 2009, the Charter of Fundamental Rights introduced at the summit in Nice is legally binding to the same extent as the EU Treaty itself. The Charter includes fundamental rights in the field of labor law under the heading 'solidarity'. In this article two basic questions will be addressed. The first question will address the 'old' issue of the clash between fundamental (labor) rights and the four economic freedoms of the EU, which are seen by the ECJ as of fundamental nature as well. Since the seminal cases of Viking and Laval, a lot has been written about this theme by both European and labor lawyers. I will not revisit the literature that has been written about these cases, but the more dogmatic issue of a (potential) clash between the four economic freedoms and the fundamental rights is still in need of clarification. The second question is whether the fundamental human rights will get a more important place in the case law of the European Court of Justice now that the Charter of Fundamental Rights is of binding character, or, will there be just a continuation of the already developed relationship between fundamental freedoms and rights or between two different kind of fundamental human rights? I will focus here on case law in the field of labor law. The article will finish with a plea for a proportionality test 'light' in order to limit the interference of EU law with the essence of fundamental rights.
Topic:
Economics, Human Rights, and Law
Political Geography:
Europe

79. Pre-empting Technical Barriers in the Single Market

Author:
Jacques Pelkmans and Anabela Correia de Brito
Publication Date:
07-2012
Content Type:
Policy Brief
Institution:
Centre for European Policy Studies (CEPS)
Abstract:
Effective enforcement and compliance with EU law is not just a legal necessity, it is also of economic interest since the potential of the Single Market will be fully exploited. Enforcement barriers generate unjustified costs and hindrances or uncertainty for cross-border business and might deprive consumers from receiving the full benefit of greater choice and/or cheaper offers.
Topic:
Economics, Markets, Monetary Policy, and Law
Political Geography:
Europe

80. The Future of Electoral Observation

Author:
Rubén Perina
Publication Date:
05-2012
Content Type:
Journal Article
Journal:
Americas Quarterly
Institution:
Council of the Americas
Abstract:
The OAS needs to strengthen its election observation missions.
Topic:
Governance and Law
Political Geography:
United States and Europe