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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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.
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Herring characterises the present law of the welfare principle is individualistic . A ceaseless debate has begun between several writers about the potential conflict between the welfare principle and the ECHR. Article 8 provides that there should be respect for everybody’s right to private and family life. This right is subject to certain restrictions as specified in article 8(2). The European Court on Human Rights (ECtHR) has been referred children’s rights. In Johansen v Norway it considere...
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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.
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The EU Charter of Fundamental Rights is a document which brings together all of the Fundamental Human Rights together in one, single document. Before the inception of EU Charter of Fundamental Rights, the member states of the European Union had many conflicting opinions on what exactly a human right entailed, therefore the need for a single, codified document outlaying the basic Fundamental Human Rights was great. The Charter was issued in 2000 and at this time, according to Jesse Norman, The Parliamentary Undersecretary of State for Industry and Energy, ‘The charter was then described as a ‘solemn proclamation’ and was designed to strengthen the EU’S political legitimacy, containing rights and freedoms as well as strengthening the rights of
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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...
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