Zusammenfassung
Die Charta der Grundrechte der Europäischen Union enthält die Grund- und Menschenrechte ihrer Bewohner. Die Charta folgt dem Beispiel der Europäischen Menschenrechtskonvention und der Europäischen Sozialcharta sowie den verfassungsrechtlichen Prinzipien der EU Mitgliedstaaten.
In sechs zentralen Abschnitten werden die Rechte und Grundsätze zur Würde des Menschen, den Freiheiten, der Gleichheit, der Solidarität, den Bürgerrechte sowie den justiziellen Rechten behandelt.
Die Charta verpflichtet alle Organe, Einrichtungen und sonstige Stellen der EU bei der Anwendung von Unionsrecht.
Jeder von einem Akt eines der Organe, Einrichtungen oder sonstigen Stellen der EU Betroffene kann dagegen vor dem Gerichtshof der EU Klage erheben. Ganz unabhängig davon hat der Gerichtshof bei allen ihm vorliegenden Klagen einen etwaigen Verstoß gegen die Grundrechte zu prüfen.
Vorteile auf einen Blick
- erster Artikel-für-Artikel Kommentar in englischer Sprache
- umfassend
Abstract
The Charter of Fundamental Rights of the European Union enshrines the key political, social and economic rights of EU citizens and residents in EU law. In its present form it was approved in 2000 by the European Parliament, the Council of Ministers and the European Commission. However its legal status remained uncertain until the entry into force of the Treaty of Lisbon in December 2009. The Charter obliges the EU to act and legislate consistently with the Charter, and enables the EU’s courts to strike down EU legislation which contravenes it. The Charter applies to EU Member States when they are implementing EU law but does not extend the competences of the EU beyond the competences given to it in the treaties.
This commentary on the Charter, the first in English, written by experts from several EU Member States, provides an authoritative but succinct statement of the how the Charter impacts upon EU, domestic and international law. Following the conventional article-by-article approach, each Commentator offers an expert vies of how each article is either being interpreted in the courts, or is likely to be interpreted. Each commentary is referenced to the case law and is augmented with extensive references to further reading. Six cross-cutting introductory chapters explain the Charter’s institutional anchorage, its relationship to the Fundamental Rights Agency, its interaction with other parts of international human rights law, the enforcement mechanism, extraterritorial scope, and the all-important ‘Explanations’.
- 1194–1203 Article 44 – Right to Petition 1194–1203
- 1582–1599 Article 54 – Abuse of Rights 1582–1599
- 1868–1903 Appendix 1868–1903
- 1904–1937 Index 1904–1937
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- „... Article 23Article 23Equality between Women and Men Equality between women and men must be ensured ...” „... Bettio et al, The Impact of the Economic Crisis on the Situation of Women and Men and on Gender Equality ...” „... equality between women and men thus affects any activity the EU engages in, as well as any implementing ...”
- „... to reconcile work and family life are essential for the achievement of equality between men and women ...” „... women and men’: ‘Equality between women and men must be ensured in all areas, including employment, work ...” „... , Social and Cultural Rights (CESCR Committee) has produced a General Comment on equality for women.64 ...”
- „... underlying message is that women could only receive equality in termination payments by conforming to male ...” „... Article 20Article 20Equality Before the LawEveryone is equal before the law.Text of Explanatory ...” „... University Press, 1999) 517.L Waddington, ‘The expanding role of the equality principle in European Union law ...”
- „... addition, according to Article 8 of that Treaty, equality between women and men is a fundamental principle ...” „... http://europa.eu/familyalliance/about/index_en.htm.5 See also the chapters of this commentary on Art 23 (equality between women and men) and Art 33 ...” „... commitment to equality between women and men came in 2010 when it adopted the ‘Women’s Charter’15 which ...”
- „... on assessment of the results of the 2006–2010 Roadmap for Equality between women and men, and ...” „... the law (Art 20), the right to equality between men and women under Article 23 and the right to ...” „... equality and non-discrimination (Art 2). It also establishes the right of men and women to marry and found ...”
- „... matters, 343see also Equality between women and men (Article 23); gender equality; Non-discrimination ...” „... unjustifi ed dismissal, 805–32young people:protection at work, 869–89see also Equality between men and women ...” „... sources, 567–68UN treaties, 567Equality between women and men (Article 23)Defrenne II ruling, 642division ...”
- „... assistance (Art 34). Certain classes of people (women (Art 23), children (Art 24), the elderly (Art 25 ...” „... provisions for children (education, immunisation), women (maternity leave, pay, pregnancy dismissal ...” „... , including against scientific and technological innovations. ‘Equitable’ does not mean ‘absolute equality ...”
- „... equality before the law, and Article 23 on equality between men and women. Both Article 20 and Article 23 ...” „... Article 3 TEU include equality between men and women, and combating discrimination. Moreover, the ...” „... to Non-discrimination in the ECHR’ (2009) 29 Legal Studies 211.S Peers, ‘Implementing Equality? The ...”
- „... survey on gender-based violence against women, the Agency interviewed 42,000 women across the 27 EU ...” „... Member States, collecting data on the extent, frequency and severity of violence against women in the EU ...” „... , including data on women’s access to and experience of police, healthcare and victim support services.14 The ...”
- „... .——, ‘Equality’s False Summits: New Varieties of Disability Discrimination, “Excessive” Equal Treatment and ...” „... obvious that the Charter itself elevates laws dealing with the equality/non-discrimination principle ...” „... , which 119 Art 2 of the TEU.120 C O’Brien, ‘Equality’s False Summits: New Varieties of Disability ...”
- „... Review 546.H Askola, Legal Responses to Trafficking in Women for Sexual Exploitation in the European ...” „... Union (Oxford, Hart Publishing, 2007).——, ‘Violence Against Women, Trafficking, and Migration in the ...” „... International Relations 37.——, ‘Biopolitical Management, Economic Calculation and “Trafficked Women”’ (2010 ...”
- „... , non-discrimination, tolerance, justice, solidarity and equality between women and men prevail’. Article 2 TEU not ...” „... TEU, and include ‘respect for human dignity, freedom, democracy, equality, the rule of law and respect ...” „... somewhat on the previous Article 6(1) TEU by adding the explicit reference to human dignity, equality and ...”
- „... diversity.Article 23Equality between women and menEquality between women and men must be ensured in all areas ...” „... Union.Explanation on Article 23—Equality between women and menThe first paragraph has been based on Articles 2 and ...” „... III—EQUALITYExplanation on Article 20—Equality before the lawThis Article corresponds to a general principle of law which ...”
- „... state. Secondly, the Defrenne case law of the Court of Justice raised equality between sexes in the ...” „... Scandinavian, the Anglo-Saxon, and the Continental. 8 I recall that despite equality before law being one of ...” „... notion of real economic equality underpinning the protection of certain workers’ rights as fundamental ...”
- „... Forms of Discrimination against Women (CEDAW) requires states to incorporate the principle of equality ...” „... of men and women in their legal system, abolish discriminatory laws and adopt appropriate ones ...” „... prohibiting discrimination against women, so that women can enjoy all their human rights and fundamental ...”
- „... and women is avoided; and (3) an emerging set of entitlements linked to citizenship of the Union. Each ...” „... the progressive implementation of the principle of equal treatment for men and women in matters of ...” „... provision:C102 Social Security (Minimum Standards) Convention 1952.C118 Equality of Treatment (Social ...”
- „... on non-discrimination and Article 23 on equality between men and women provide specific reference ...” „... , Minster for Justice, Equality and Law Reform (21 December 2011).14 Council Directive 2001/23/EC on the ...” „... unjustified without the need to look at motive or to use EU gender equality law to establish unequal treatment ...”
- „... , nondiscrimination, tolerance, justice, solidarity and equality between women and men prevail.Article 6 TEU1. The ...” „... , democracy, equality, the rule of law and respect for human rights, including the rights of persons ...” „... human dignity, the principles of equality and solida rity, and respect for the principles of the United ...”
- „... for Older Persons’ (2011) European Human Rights Law Review 398–418.S Fredman, ‘The Age of Equality’ in ...” „... S Fredman and S Spencer (eds), Age as an Equality Issue: Legal and Policy Perspectives (Oxford, Hart ...” „... Policy Group, 2005).——, ‘Age Discrimination and the European Court of Justice: EU Equality Law Comes of ...”
- „... equality set out in Article 20 overlaps with the rule that remedies for breach of EU law rules should be ...” „... specified. In General Recommendation No 525 the Committee on the Elimination of Discrimination against Women ...” „... action, preferential treatment, or quota systems to advance women’s integration into education, the ...”
- „... Charter6 Catherine Duprétreatment for men and women as regards access to employment, vocational training ...” „... and promotion, and working conditions;7 Directive 75/117/EEC on equal treatment for men and women;8 ...” „... Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity ...”
- „... and 23 of Title III on Equality. Article 21 specifies the grounds on which discrimination is ...” „... discrimination based on any ground such as …’. Article 23, with a focus solely on gender equality, makes clear ...” „... the wide scope of the equality guarantee, extending the gender equality guarantee to ‘all areas ...”
- „... in its requirement that ‘equality between women and men must be ensured in all areas, including ...” „... Article 31 must be construed by reference to the requirement in Article 23 that ‘equality between women ...” „... ) in the domain of EU equality law as specified, for example, in Article 2(3) of the Equal Treatment ...”
- „... Article 3. But the Strasbourg Court held that this article implies ‘the principle of equality of treatment ...” „... of the will of the electors; (c) To have access, on general terms of equality, to public service in ...” „... Article 7 CEDAW (‘ensure to women, on equal terms with men, the right … to vote in all elections and ...”
- „... Committee on Women’s Rights and Gender Equality and the Committee on Foreign Affairs with its subcommittee ...”
- „... , Marine and Natural Resources, Minister for Justice, Equality and Law Reform, The Commissioner of the ...” „... equality of all cultures, states are nonetheless permitted to adopt measures aimed at protecting and ...” „... Women (CEDAW), the CEDAW Committee has suggested that women should be entitled to information about ...”
- „... .................................................................................................................630Article 23 – Equality between Women and Men ...” „... equality), the need for subjecting the EU’s decision-making to human rights review has become ever more ...” „... ..............................................................................183 I. Gender Equality ...”
- „... exclusion and discrimination, and shall promote social justice and protection, equality between men and ...” „... women, solidarity between generations and protection of the rights of the child.’ In addition to this ...” „... trafficking can include specific measures to combat trafficking in women and children under Article 79(2)(d ...”
- „... Department and ME and Others v Refugee Applications Commissioner and Minister for Justice, Equality and Law ...” „... Human Rights Council of 15 January 2008 focusing on strengthening the protection of women from torture ...” „... Violence against Women and Domestic Violence (2011)64 and the Convention on the Protection of Children ...”
- „... referred to Article 20 CFR on equality before the law as a basis for justifying the public policy aim of ...” „... [71]–[77].61 Ibid [71].62 Case C-127/08 Metock and Others v Minister for Justice, Equality and Law Reform (CJEU ...” „... Commissioner and Minister for Justice, Equality and Law Reform (CJEU, Judgment 21 December 2011) [86], [94 ...”
- „... should also be made of the EU equality directives, which require each Member State to designate a body or ...” „... principle of equal treatment between men and women in the access to and supply of goods and services [2004 ...” „... opportunities and equal treatment of men and women in matters of employment and occupation (recast) [2006] OJ L ...”
- „... which pluralism, non-discrimination, tolerance, justice, solidarity and equality between women and men ...” „... dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights ...”
- „... conviction, the principle of double jeopardy or ne bis in idem and the equality between spouses, was not ...” „... the equality of all High Contracting Parties.’101 The EU should thence, as a matter of principle ...”
- „... Member State shall enjoy equality of treatment as regards membership of trade unions and the exercise of ...” „... combined responsibility on the of both Russia as well as Cyprus for the transnational trafficking of women ...”
- „... Articles 23 (equality between men and women) 33 (family and professional life) and 34 (social security and ...”
- „... Swedish law, which sought to implement Regulation 3950/92, complied with the principle of equality.27 That ...” „... and women of marriageable age have the right to marry and to found a family, according to the national ...”