The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives

Tzemos, Vasileios G.; Margaritis, Konstantinos

doi:10.3390/laws10040076

Cited by 2 publications

(2 citation statements)

References 2 publications

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“…At a later stage, the Charter of Fundamental Rights of the European Union, defined as the constitutional framework for recognition and the application of a legally binding catalog of fundamental rights (Tzemos and Margaritis 2021), states that gender equality occupies a separate place, in particular, in the provisions of Art. 21 and Art.23 (Yonkova 2017) 2 .…”

Section: Legal Framework: Methods and Methodologymentioning

confidence: 99%

EU Institutions: Revisiting Gender Balance and Women’s Empowerment

Belova

Ivanova

2022

Laws

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Equality Gender balance between men and women is one of the most current controversial issues in recent years that provokes a number of debates, questioning whether it really exists or is instead a myth. This article examines how the issue is regulated by European Union (EU) law and to what extent the legal framework is implemented into the current composition and work of European institutions. The trend of women’s empowerment is examined on the example of some of the EU institutions, mainly the European Commission and the European Parliament. The authors point out that, at the moment, three of the institutions included in the single institutional framework of the EU are headed by women—Ursula von der Leyen, Roberta Metsola, and Christine Lagarde—and the European Ombudsman is a woman. This represents an undisputed achievement in the field of gender balance at a higher political level within the EU as well as the appointment of the first-ever commissioner for equality. The newest secondary legislation framework is observed: Directive 2019/1158/EU on work–life balance and the latest development with regard to the female representation on corporate boards (Women on Boards Directive). The article also concludes that while some of the institutions have managed to make steps towards a real gender balance during recent years, not all of the Member States have experienced such progress, and this is evident in the organization and work of the Council of the EU. Although the introduction of quotas for women on company boards has been assessed ambiguously, it represents a necessary action ‘to break the glass ceiling’ and would give a new impetus to women’s empowerment within the EU.

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Section: Legal Framework: Methods and Methodologymentioning

confidence: 99%

EU Institutions: Revisiting Gender Balance and Women’s Empowerment

Belova

Ivanova

2022

Laws

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“…If such information reveals a potential criminal offence, then the privilege against self-incrimination is activated, in favor of both the lawyer and the taxpayer. This usually results from the criminal procedure provisions of each member state and directly from the relevant European legal instruments (Tzemos and Margaritis 2021), such as the Convention and the Charter (Avtonomov 2021). There are legislations, such as the Italian one, which explicitly provide an exemption from the reporting obligation as the report would trigger the intermediary's own criminal liability.…”

Section: Comparative View Of Dac6 National Transposition In Other Mem...mentioning

confidence: 99%

The Professional Conflict Pertaining to Confidentiality—The Obligation of Disclosure for Intermediaries of Financial Transactions

Tofan,

Arseni

2023

Laws

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The present study aims at providing an overview of the international, European, and national legal frameworks relating to the obligation of intermediaries of financial transactions to report to tax authorities, and the professional secrecy which applies to their professions, as well as the conflict between the two. The authors address these topics from theoretical and jurisprudential perspectives, both at national and European levels, using doctrinaire, documentary, and comparative approaches. The analyses pointed out that the focus is placed on lawyer–intermediaries’ activities and liabilities when their activity is covered by confidentiality and legal privilege. Specific attention was revealed to be necessary when the conditions under which an exemption from the reporting obligation applies, and the particularities of the effects of the regulation in these scenarios. The topic of observing the legal framework and solving the possible conflicts generated by the divergent regulation of the law enforced has been the subject matter of recent European case laws that impact all the legal systems of the European Union’s member states, which has necessitated an examination of the hierarchy of law systems within the European Union member states and to emphasize the practical jurisprudential effects.

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The Charter of Fundamental Rights of the European Union: The First Ten Years-New Challenges and Perspectives

Abstract: Since 1 December 2009, the time when the Treaty of Lisbon came into force, the Charter of Fundamental Rights of the European Union (hereinafter: the EU Charter, the Charter) has been formally included in the EU legal order as primary EU law [...]

Cited by 2 publications

References 2 publications

EU Institutions: Revisiting Gender Balance and Women’s Empowerment

EU Institutions: Revisiting Gender Balance and Women’s Empowerment

The Professional Conflict Pertaining to Confidentiality—The Obligation of Disclosure for Intermediaries of Financial Transactions

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