Minimum Harmonisation after Alemo-Herron: The Janus Face of EU Fundamental Rights Review

@article{Bartl2015MinimumHA,
  title={Minimum Harmonisation after Alemo-Herron: The Janus Face of EU Fundamental Rights Review},
  author={Marija Bartl and Candida Leone},
  journal={European Constitutional Law Review},
  year={2015},
  volume={11},
  pages={140 - 154}
}
While Alemo-Herron v Parkwood Leisure Ltd (case C-426/11) has obtained much criticism in recent months, one fundamental constitutional question has passed-by unnoticed. In Alemo Herron the Court of Justice expanded the scope of EU fundamental rights review in the field of minimum harmonisation to include, in particular, member states action that goes beyond the EU minimum rules. This expansion of EU fundamental rights review is bound to unsettle the division of powers both horizontally (between… Expand
9 Citations
A tale of two approaches to Social Europe: The CJEU and the Advocate General drifting apart in Case C-201/15 AGET Iraklis
Antitheses form the backbone of the European project. Intergovernmentalism versus federalism, enlargement versus containment – these are only some of the contradictory pairs that have informed theExpand
Labour rights in the making of the EU and in the CJEU case law
The present article inquires on the approach to labour rights that has characterized the development of the EU. First, it analyses the way in which the EU policy making refers to social and labourExpand
First or Second Best? Judicial Law-Making in European Private Law
This paper examines the interaction among institutions in European private law in times of societal change. It is submitted that a translation of national constitutional models of division of powersExpand
A DEFENCE OF THE MARGIN OF APPRECIATION AND AN ARGUMENT FOR ITS APPLICATION BY THE HUMAN RIGHTS COMMITTEE
  • D. Mcgoldrick
  • Political Science
  • International and Comparative Law Quarterly
  • 2015
Abstract The margin of appreciation (MoA) has become the central conceptual doctrine in the institutional and jurisprudential architecture of the European Convention on Human Rights (ECHR). ThisExpand
The Political as an Analytical Category in the Critical Study of Case Law (Theoretical Model and Case Study)
The aim of the present paper is to operationalise the concept of the political in order to make it available as an analytical category for the critical study of judicial decisions (case law). TheExpand
Symbolic Violence in Technocratic Law and Attempts at Its Overcoming: Politicisation through Humanization?
Technocratic law inflicts symbolic violence on human subjects by imposing upon them a reductionist vision of their existence, limited to the aspect of homo oeconomicus passivus. At the same time,Expand
Krytyka Prawa. Niezależne studia nad prawem. Tom 12, nr 3/2020
The aim of the present paper is to operationalise the concept of the political in order to make it available as an analytical category for the critical study of judicial decisions (case law). TheExpand
Collective Autonomy in the European Union : Theoretical, Comparative and Cross-border perspectives on the Legal Regulation of Collective Bargaining
‘Collective Autonomy in the European Union’ explores the question of collective autonomy by investigating the relationship between collective bargaining and legal regulation and its current evolutionExpand
Idee polityczne i prawne a kultura unijnego prawa prywatnego - przyczynek do dalszych badań
Artykul powstal w ramach projektu badawczego Narodowego Centrum Nauki nr UMO-2016/21/B/HS5/03221.

References

SHOWING 1-10 OF 19 REFERENCES
Dilemmas of European Integration: The Ambiguities and Pitfalls of Integration by Stealth
If one lesson emerges clearly from fifty years of European integration it is that political aims should be pursued by overtly political means, and not by roundabout economic or legal strategies. TheExpand
The Double-Headed Approach of the ECJ Concerning Consumer Protection
The extent to which consumers are to be ‘protected’ is part of the larger debate on how interventionist States ought to be. Whatever background views on political theory one may hold, in the EU ofExpand
WHEN IS THE EU CHARTER OF FUNDAMENTAL RIGHTS APPLICABLE AT NATIONAL LEVEL
Whilst the Charter of Fundamental Rights of the European Union, which became part of binding primary EU law on 1 December 2009, constitutes an important codification and clarification of fundamentalExpand
Minimum Harmonisation and the Role of the Principle of Proportionality
In a number of areas of policy, including environmental law, consumer protection, social policy and public health, the EC Treaty provides that the Member States may lay down rules which are "moreExpand
Keeping the dream alive: the European Court of Justice and the transnational fabric of integrationist jurisprudence
  • A. Vauchez
  • Sociology
  • European Political Science Review
  • 2011
How does the European Court of Justice (ECJ) firmly maintain a now 45-year-old consistent integrationist jurisprudence when exerting virtually no control over the recruitment of its members (aExpand
The Constitution Besieged: The Rise & Demise of Lochner Era Police Powers Jurisprudence
The Constitution Besieged offers a compelling reinterpretation of one of the most notorious periods in American constitutional history. In the decades following the Civil War, federal and stateExpand
On Beauty and Being Fair: The Interaction of National and Supranational Judiciaries in the Development of a European Law on Remedies
‘Truth is not only stranger than fiction, it is more interesting’, a famous saying by William Randolph Hearst goes. It rings true not only for newspaper men, but also for judges who have to decide onExpand
What Purpose Does Article 16 of the Charter Serve
This article examines the history, purpose and meaning of Article 16 of the Charter of Fundamental Rights of the EU, which concerns the freedom to conduct a business. The roots of this provision inExpand
Constructing Polities and Markets: An Institutionalist Account of European Integration1
As institutions and governance structures develop in modern markets, they tend to “feed back” onto economic activity. Through such feedback loops, market and political arenas can developExpand
EU Law: Text, Cases and Materials
1: The Development of European Integration. 2: The Institutions of the Community. 3: Community Legislation and Policy-Making. 4: The Nature of EC Law: Direct and Indirect Effect. 5: The ApplicationExpand
...
1
2
...