Zasada równego traktowania kobiet i mężczyzn w zakresie dostępu do zatrudnienia oraz warunków pracy w świetle orzecznictwa Trybunału Sprawiedliwości Unii Europejskiej Keywords: sex discrimination, access to employment and working conditions, equal treatment for men and women, exceptions to the prohibition of gender discrimination, protection of women in relation to pregnancy and maternity, male and female workers
The principle of non-discrimination lies at the heart of the socio-economic order of the EU, the main parameters of which are sustainable economic growth, price stability, a highly competitive social market economy aiming at full employment and social progress, inclusion and social cohesion, non-discrimination, including equality between women and men and social justice (TEU: art. 3.3). Therefore, the prohibition of discrimination becomes a sine qua non condition for achieving EU treaty goals, strongly correlated with the theory of ordoliberalism.The aim of the article is to analyse the normative way of securing the principle of non-discrimination in EU law in the perspective of ordoliberalism and its implications for Polish law. The authors intend to answer the research question about the extent to which ordoliberal theory had an impact on the development of the principle of non-discrimination, understood as a subjective right to equal treatment, regardless of individual characteristics, other than nationality, through the comparison of relevant provision of EU law and the Polish Labour Code.
The purpose of this article is to try to outline the essence of membership of the European Union. This international organization, by virtue of the decision of its creators, i.e. the Member States, has been equipped with attributes, which have determined its unique – supranational – character. As a new legal order, the European Union has been granted some scope of autonomy, but ontologically it is dependent on the Member States. It is the Member States that have taken decision on setting up a new integration structure with a center of decision-making located not only outside but also above them, the scope of its competences and instruments of their exercising, and as “masters of the Treaties”, may decide to dissolve it. The decision to join the European Union seems to be determined pragmatically and praxiologically – upon benefits of cooperation within the framework of the EU. In this perspective solidarity, understood as the unity and equality of the Member States, based on common values, becomes a factor legitimizing the EU, and at the same time – a guarantor of its existence, especially in times of crisis.
SUMMARYThe semi-permanent presidency of the European Council, introduced by virtue of the Lisbon Treaty, has restructured the organizational space of the EU presidency, becoming the new leadership centre in the EU institutional engineering. Consequently the institutional balance in the whole system has been changed, however without a clear jurisdictional delimitation of the competences between the components of this multi-centre political system. In the imprecisely deined conceptual framework of the new space of the EU presidency, there exists a question of the possibility of various levels multiplying and overlapping with each other, giving rise to a potential conlict of power in this area.The aim of this article is to provide the assessment of the scope of implications of the introduced changes on the basis of analysis of the structural relations between the President of the European Council and his institutional partners in the EU hybrid presidency system, i.e. the President of the European Commission, the High Representative of the Union for Foreign Affairs and Security Policy and the rotating country presidency. Keywords: EU Presidency; President of the European Council; High Representative of the Union for Foreign Affairs and Security Policy; President of the European CommissionThe Presidency of the European Union, deined as an institutionalised procedure for leading the European Union, that is assuming the role of its leader Aleksandra Szczerba-ZawadaThe Jacob of Paradyż University of Applied Sciences in Gorzów Wielkopolski DOI: 10.17951/sil.2016.25.2.193 szczerba.aleksandra@gmail.com The President of the European Council and Other Formats of Presidency in the European Union: (Un)Constructive Ambiguity in the EU Political System Przewodniczący Rady Europejskiej a inne formaty unijnej prezydencji: (nie)konstruktywna niejednoznaczność kompetencyjnaPobrane z czasopisma Studia Iuridica Lublinensia http://studiaiuridica.umcs.pl Data: 29/03/2019 06:38:01 U M C S 194 combined with an at least alleged political responsibility 1 , has been transformed as a result of the Lisbon reform, which gave it a hybrid character. As a result of the changes, the EU presidency is exercised in two ways, both in the most traditional dimension, that is by the Member States within the framework of a rotating presidency, and in the denationalised dimension, in which the presidency over a speciic institution is entrusted for the duration of a speciic term to a personal substrate of said institution 2 . However, after the Lisbon Treaty the semi-permanent presidency mechanism, encompassing currently also the Foreign Affairs Council and the European Council, was markedly broadened.Institutionalized presidency of the European Council, by restructuring the organizational space of the EU presidency 3 , has undoubtedly changed the institutional balance in the whole EU political system. This statement, as right as obvious -such a consequence of the creation of the position of the permanent President of the European Council was antici...
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