The Ethical Spirit of EU Law

Frischhut, Markus

doi:10.1007/978-3-030-10582-2

Cited by 12 publications

(5 citation statements)

References 25 publications

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“…'Yes,' they reply, 'but the water will come in and flood the boat for all of us'.-AG Sharpston, 2019 49 In the 'ethical spirit of EU law', I have argued, "being a community could also be seen as a value, as long as it is not used simply to exclude others". 50 The same is true for identity, which establishes a certain delimitation that should not lead to exclusion. 51 Since the Lisbon treaty, EU law has been 'lisbonised', meaning changing terminology from Community, etc.…”

Section: A More Communitarian Unionmentioning

confidence: 93%

Future Direction of Travel (De Lege Ferenda)

Frischhut

2022

The Ethical Spirit of EU Values

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Based on the previous chapters, this chapter addresses the need of an additional EU narrative, complementing and not replacing the initial narrative of safeguarding peace. This chapter also argues for an additional value of environmental protection, shifting from an anthropocentric to a more bio-centric approach. The EU has initially focussed on humans, the ECJ has recently added ‘animal welfare’ as an additional value, and following the ‘one health’ approach, this book argues for also adding environmental protection as a new EU value. The book also argues for a more communitarian Union, not replacing rights of individuals, but at the same time strengthening the sense of community. Finally, as various values mainly address the EU and/or the EU Member States, this book also suggests certain virtues (character traits that also need to be practiced), drawing on inspiration from other parts of the world.

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Section: A More Communitarian Unionmentioning

confidence: 93%

Future Direction of Travel (De Lege Ferenda)

Frischhut

2022

The Ethical Spirit of EU Values

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“…Already in the first Jean Monnet book, I have argued to embrace principlism 191 and moral disunitarianism. 192 According to the latter, "moral generalities, to the extent that they exist, are at best domain-specific". 193 As we have seen above, 194 values are described as "assets that a legal system recognizes as predetermined and imposed".…”

Section: Relation Values and Selected (Legal And Ethical) Principlesmentioning

confidence: 99%

Relations

Frischhut

2022

The Ethical Spirit of EU Values

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This chapter addresses various dimensions of relations. These comprise the relations of values to each other (for instance the question of the ranking of values), the relation to other provisions of EU law (covering both primary and secondary EU law), as well as the relation to other concepts. The latter category comprises the relation of values to economic and political objectives, as well as the relation of values to selected (legal and ethical) principles. These selected (legal and ethical) principles comprise the protection of vulnerable people, responsibility (including the question of human rights and human obligations), precaution, sustainability, as well as proportionality and balance.

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“…This requires a profound international reflection on and harmonisation of the ethical values upon which the globalising law should be founded. The gradual 'ethicalisation' of the EU law (Frischhut, 2019), also fostered by the work of the European Group on Ethics in Science and New Technologies (Frischhut and Pirs,Chapter 16), might provide a model for analogous processes at a global level. States and international institutions should actively promote alternative cultural goals of self-achievement based on the ultimate, fundamental value of the human person, such as human rights and liberties and the values that are instrumental to protect them, such as integrity, transparency, accountability, legality, solidarity, sustainability, inclusivity etc.…”

Section: Towards a Globally Harmonised System Of Positive Preventionmentioning

confidence: 99%

The global anti-corruption framework

Pasculli¹,

Ryder²

2020

Corruption, Integrity and the Law

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Where were we?Our previous book Corruption in the Global Era (Pasculli and Ryder, 2019a) aimed at improving our understanding of the global causes, means, forms of perpetration and effects of corruption through an interdisciplinary dialogue between academics and practitioners, taking advantage also of the partnership between the Financial Crime Research Network (FCRN) at the University of the West of England and the Global Integrity Research Network (GIRN) at the Centre for Financial and Corporate Integrity (CFCI) of Coventry University. This volume complements those studies by focusing on global and local regulatory responses to corruption. It is not a handbook or a commentary, but a research book aimed at advancing the still limited assessment of the effectiveness of anti-corruption laws (cf. Isenring, Chapter 14) and enriching the scarce British literature on corruption and financial crime (cf. Ryder, 2018a: p. 247). Many of the authors are practitioners and the approach is still interdisciplinary: different fields of the law (criminal law, tax law, European law, corporate law, competition law), as well as issues in ethics, criminology, restorative justice, governance and political philosophy are covered. The perspective is international and comparative. The book explores not only international regulations but also their implementation in different countries, such as the United Kingdom (UK), the United States (US), Italy, Switzerland, Luxembourg, and Nigeria.This chapter brings together the findings of this book and formulates recommendations for future policies and research. One of its purposes is precisely to coordinate such findings with those of our previous research. Therefore, remands to our own works are not selfcongratulatory, but necessary to avoid reiterating arguments and references already expressed elsewhere. In the first section, we will outline the sources of the current global anti-corruption framework and their limits. In the second section, we will illustrate the shortcomings of negative anti-corruption measures, while in the third we will analyse positive measures. In the fourth section, we will articulate some recommendations. Finally, we will draw our conclusions.

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The Ethical Spirit of EU Law

Cited by 12 publications

References 25 publications

Future Direction of Travel (De Lege Ferenda)

Future Direction of Travel (De Lege Ferenda)

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The global anti-corruption framework

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