EU Fundamental Rights Legislation: The Constitutional Imbroglio

Muir, Élise; Muir, Edwin

doi:10.5040/9781509933280.ch-005

Cited by 4 publications

(11 citation statements)

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“…Instead, governments and health planners must react to the 21 E Pavolini and E Kuhlmann, 'Health workforce development in Europe: a matrix for comparing trajectories of change in the professions' (2016) 120 Health Policy 654 <www.ncbi.nlm.nih.gov/pubmed/27021776> accessed 2 June 2016. 22 H Davies, 'EUA Briefing Note on Directive 2013/55/EU, containing the amendments to Directive 2005/36/EC on the Recognition of Professional Qualifications' (2014) <www.eua.be/Libraries/highereducation/EUA_briefing_note_on_amended_Directive_January_2014.pdf?sfvrsn=0> accessed 2 June 2016, 1. 23 ibid 2.…”

Section: Iiii Eu Health Professional Workforce and Mobility Flows: Fmentioning

confidence: 99%

“…21 Of course, the national measures which restrict the freedom of establishment may be justified by reasons of general interest, as is the case with the other freedoms like the freedom to receive healthcare services. 22 Apart from EU primary law, freedom of movement of healthcare professionals is protected by EU secondary legislation on the recognition of professional qualifications, enacted to facilitate free movement of persons, services and establishment within the EU. This Professional Qualifications Directive has been generally well implemented by the Member States.…”

Section: Free Movement Of Healthcare Professionalsmentioning

confidence: 99%

“…21 They are furthermore encouraged to set minimum purchase ages at 18 years and develop strong systems for licensing the sale of alcohol. Second, Member States should 'have systems in place to prevent inappropriate and irresponsible alcohol advertising and marketing that targets children and young people', 22 and are urged to consider the following options: regulating the content of advertising; regulating sponsorship by alcohol brands; regulating alcohol marketing in new media; and restricting or banning promotions that target children. The European action plan specifically notes that supranational action is needed with respect to commercial communications that cross borders.…”

Section: Eu Judicial Scrutiny Of National Alcohol Control Measuresmentioning

confidence: 99%

“…This is clear, for example, in the now-declassified TTIP negotiation mandate, where audiovisual services 15 are excluded, but health services are not. 22 Health, social or educational services thus remain in a legal grey area.…”

Section: III Jurisdiction and Competencementioning

confidence: 99%

“…Overall, the recent Directives (both the Working Time and the Professional Qualifications Directive) mark a further step towards sectoral regulation of an EU single market and the blurring of boundaries between the labour market and healthcare sectors. For instance, the Briefing Note on the amended EU Qualifications Directive mentioned health professional mobility in the context of changing demand of healthcare services systems 22 and highlighted the benefits of common training frameworks. 23 As Baeten and Vanhercke argue, the 'Eurozone crisis created a policy 'window of opportunity' to push through fiscal surveillance of health systems as part of the solution to the crisis.…”

mentioning

confidence: 99%

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Research Handbook on EU Health Law and Policy

Hervey¹,

Young²,

Bishop³

2017

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PART 4: PUBLIC HEALTH 4. Chapter 15: EU public health law and policyon the rocks? A few sobering thoughts on the growing EU alcohol problem PART 5: THE EXTERNAL DIMENSION 5. Chapter 17: Trade and health in the European Union 6. Chapter 18: The EU's (emergent) global health law and policy CONCLUSIONS 7. Chapter 19: The impediment of health laws' values in the constitutional setting of the EU 1 For further information, see N Azzopardi-Muscat and others, 'The impact of the EU Directive on patients' rights and cross border health care in

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Section: Iiii Eu Health Professional Workforce and Mobility Flows: Fmentioning

confidence: 99%

Section: Free Movement Of Healthcare Professionalsmentioning

confidence: 99%

Section: Eu Judicial Scrutiny Of National Alcohol Control Measuresmentioning

confidence: 99%

Section: III Jurisdiction and Competencementioning

confidence: 99%

mentioning

confidence: 99%

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Research Handbook on EU Health Law and Policy

Hervey¹,

Young²,

Bishop³

2017

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From Legal to Political Reasoning: National Parliaments' Use of Reasoned Opinions in the Area of Freedom, Security and Justice^*

Tacea¹

2021

J of Common Market Studies

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The Lisbon Treaty emphasized the importance of subsidiarity control in relation to the Area of Freedom, Security and Justice (AFSJ). The article demonstrates that the types of reasoning national parliaments use to raise subsidiarity objections in the AFSJ depend less on the institutional strength of national parliaments in EU affairs and more on the institutional evolution and material scope of EU proposals. Relying on the AFSJ case, the article shows that national parliaments use a narrow legal interpretation of subsidiarity when the EU legislation threatens Member States' legal traditions and State powers. However, concerns about the respect of national legal diversity are replaced by a more political approach to subsidiarity control when politically sensitive and contentious issues are at stake.

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Micro-Harmonisation of the Fundamental Right to An Effective Judicial Remedy in the Proposed Return Directive and Beyond: a Dangerous Path?

Muir

Molinari

2020

SSRN Journal

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Treaty on the functioning of the European Union ('TFEU') opens with the following statement: "the Union shall constitute an area of freedom security and justice with respect for fundamental rights and the different legal systems and traditions of the Member States." This affirmation, contained in art. 67 TFEU sets the Union's shared competence in the Area of freedom security and justice ('AFSJ') on a path of caution, immediately highlighting two features of the field: (i) its far reaching fundamental rights implications; and (ii) its potential for conflicts with national legal system.This contribution turns the spotlight on a regulatory technique that amplifies both features, namely detailed (or 'micro'-)harmonisation of standards of judicial protection at the EU level.Micro-harmonisation of this kind can be limited to minimum standards, or go as far as to impose maximum standards of protection. It is a characteristic of several EU measures the asylum and migration fields of the AFSJ field and it culminates in the surprising level of procedural detail of the proposed recast of the Return Directive (Commission 2018 -'Proposed Return Directive').The following analysis will explore and problematise the consequences of the use of this regulatory technique. It will identify examples of micro-harmonisation of rules of judicial procedure in the Proposed Return Directive and other instruments in the area of migration and asylum, and then explore its implications for fundamental rights and the legal systems of the member states. Micro-harmonisation of rules on judicial protection in the Proposed Return Directive: examplesAs mentioned, the micro-harmonisation of standards of judicial protection reaches its apex in the Proposed Return Directive, which contains several examples not only of minimum, but also

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EU Fundamental Rights Legislation: The Constitutional Imbroglio

Cited by 4 publications

References 0 publications

Research Handbook on EU Health Law and Policy

Research Handbook on EU Health Law and Policy

From Legal to Political Reasoning: National Parliaments' Use of Reasoned Opinions in the Area of Freedom, Security and Justice^*

Micro-Harmonisation of the Fundamental Right to An Effective Judicial Remedy in the Proposed Return Directive and Beyond: a Dangerous Path?

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EU Fundamental Rights Legislation: The Constitutional Imbroglio

Cited by 4 publications

References 0 publications

Research Handbook on EU Health Law and Policy

Research Handbook on EU Health Law and Policy

From Legal to Political Reasoning: National Parliaments' Use of Reasoned Opinions in the Area of Freedom, Security and Justice*

Micro-Harmonisation of the Fundamental Right to An Effective Judicial Remedy in the Proposed Return Directive and Beyond: a Dangerous Path?

Contact Info

Product

Resources

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From Legal to Political Reasoning: National Parliaments' Use of Reasoned Opinions in the Area of Freedom, Security and Justice^*