Introduction
‘EU policies and EU legislation need to be based on objective, reliable and comparable date on the respect of fundamental rights in the EU.’ After enforcing the Charter of Fundamental rights as primary law, the national courts have been using the Charter frequently on different cases. The Charter had a great impact upon the nationals Court’s decision on protecting social rights related to employment and labour law. This essay will focus on the development of the Charter within the EU law through different cases. The first part of the essay will be based on a historical background, to give a better understanding of the social rights and the development and evolution of those rights throughout the years. The second part of the essay will discuss the EU Treaties and their approach towards the protection of the social rights. The third part of the essay will focus on the implementation of the EU Charter as a legal binding document to all Member States and the opt-outs from the Charter. This essay will conclude on the influence that the EU Charter has on the Courts decisions, in order to evaluate the impact that has on social rights within the EU.
Historical Background:
The Council of Europe adopted the European Social Charter in 1961 and was revised in 1996 and is considered as being the inspiration for the social objectives in the EU. The Charter included employment protection rights, such as the right to work, or the right to work in a safe environment, the right for collective bargain for trade unions and the right to organize. Also, there were welfare rights, such as access to medical and social assistance, protection of health and social welfare and the right for social security services. Additionally, th...
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• Judgment of the Court, Joined Cases C-297/10 and C-298/10 Hennigs v Eisenbahn and Land Barlin v Alexander Ma, 8 September 2011.
• Judgment of the Court, Case C-438/05, International Transport Workers’ Federation and Finnish Seamen’s Union v Viking Line ABP and OÜ Viking Line Eesti, 11 December 2007.
• Handbook on European non-discrimination law, 2011, Luxembourg: Publications Office of the European Union.
• Press Release, Judgment of the Court of Justice in Case C-84/94, United Kingdom v Council, 12 November 1996.
• Press Release No 98/07, Judgment of the Court of Justice in Case C-341/05, Laval un Partneri Ltd v Svenska Byggnadsarbetareförbundet and Others, 18 December 2007.
• Voogsgeerd H., The EU Charter of Fundamental Rights and its Impact on Labor Law: a plea for Proportionality- Test ‘Light’, 2012, Goettingen Journal of International Law 4, 313-337.
As instructed in the outline for this assignment, I have read and analysed the case of R. v. Keegstra. I have understood the allegations placed and the defence of the same. Also, I have answered the questions provided explaining the rights at stake, the procedure that court adopted to reach to a final decision and that whether or not it was able to reach a balance between the individual and the group rights.
To answer this question I will firstly explain how EU law became incorporated within the member states I will then explain the various types of EU legislation's in circulation. This is important to define as the various types of methods will involve different enforcement procedures. Finally I will explain how EU law is enforced and the ways EU law will effect the member state and individual businesses. I will summarise my findings at the end of the essay, this will give details of all the key ideas I have ut across.
Equuscorp Pty Ltd v Haxton; Equuscorp Pty Ltd v Bassat; Equuscorp Pty Ltd v Cunningham's Warehouse Sales Pty Ltd (2012) 246 CLR 498
9. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003). Legal Studies for Queensland, Volume 1, ForthEdition, Legal Eagle Publications: Queensland. 10. Woodgate, R., Black, A., Biggs, J., Owens, D. (2003).
Gillick v West Norfolk & Wisbeck Area Health Authority [1986] AC 112 House of Lords
At the behest of Solicitor General John Les, an inquiry was launched in February o...
"Summary of United States V. Emerson." FindLaw: Cases and Codes. Thomson Reuters. Web. 29 May 2010. .
The purpose of this paper is to analyze a specific, hypothetical employment situation encountered and to include the information regarding employment conflicts, questions, grievances, lawsuits, etc., in terms of how the situation was handled or resolved. Employment conflicts are a constant issue everyday in any organization; it is how you handle them both legally and professionally that counts.
The Incorporated Council of Law Reporting for England & Wales. - Counsel [24] See footnote 22 – but page 61 [25] GEOFFREY, Marshall, Constitutional Theory, Clarendon Law Series, Oxford 1971 Chapter1 – the Law and the constitution, part 3. Dicey’s doctrine and its critics. [26] REGINA v HER MAJESTY'S TREASURY, Ex parte SMEDLEY, [COURT OF APPEAL], [1985] Q B 657, 19 December 1984, (c)2001 The Incorporated Council of Law Reporting for England & Wales [27] MITCHELL, JDB, Constitutional Law, 2nd edition, Edinburgh, W Green & SON LTD, 1968, Convention, page 31 [28] See footnote 22 but page 64
R v Secretary of State for Transport, ex parte Factortame Ltd and others [1999] All ER (D) 1173.
part of the Doctrine Hedley Byrne and Co. Ltd V Heller and. Partners Ltd (1964), Rondel V Worsley (1969).
"50 Years of EU Gender Equalitylaw." EUROPA. N.p., 25 Oct. 2007. Web. 09 Mar. 2014.
* Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms ("European Convention on Human Rights"), which has now been ratified by 39 European states and signed by three others.
The courts of England and Wales acknowledge that the above must be something of value, in order to amount to consideration. A valuable consideration in the perspective of the English La...
Weiler, Joseph H.H.: «Community, Member States and European Integration: Is the Law Relevant?», Journal of Common Market Studies 21 (1982), pp. 39-56.