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How to save Europe’s centre left
THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION
The EU’s New Human Rights Dimension
Rights and Principles provided for by Title III of the EU Charter
Title III on Equality contains seven Articles, from 20 to 26: equality before the law (20); non-discrimination (21); cultural, religious and linguistic diversity (22); equality between women and men (23); the rights of the child (24); the rights of the elderly (25); and the integration of persons with disabilities (26). The obviously eclectic type and nature of the provisions (rights, principles, social goals) may, in their totality, target a certain level of social equality and cohesion, but concrete definition of such a level depends very much on the meaning given to them by the institutions, authorities, administrative and judicial bodies responsible for their application and implementation.
i. Article 20 CFREU: General Principle of Equal Treatment
The history of the European Union
European Union Law - Wikipedia
MEDIEVAL ROOTS
The first defining feature of the medieval experience of the law, which we will now begin to examine in depth, is its profound discontinuity with the experience that precedes it. Medieval legal thought begins to define itself amongst the strategies and innovations with which the society of the fourth, and especially the fifth, centuries AD sought to reorient itself in the void generated by the collapse of the Roman political structure and of the culture that existed within that structure. Historically, the most salient point is the manner in which the society of the time dealt with that sudden absence of power. For now, we shall deal with the void as it affected the political sphere, which was the most consequential and the most problematic difficulty the new system of law had to face.
On 24 June 2016, shortly after the full results of the referendum were known, the online edition of the Financial Times quoted the senior Labour MP, Margaret Hodge, attacking the leader of her own party, Jeremy Corbyn, over his allegedly inadequate campaign for Remain: ‘The EU referendum was a test of leadership and I think Jeremy failed that test. He came out too slowly. He was very halfhearted about his attempts to campaign and Labour voters simply didn’t get the message’ (Pickard et al. 2016). In the same article, Lord Mandelson, a key figure in Tony Blair’s government, is quoted as saying of Corbyn’s campaign, ‘At best his voice was curiously muted but when he did say anything, there were mixed messages.’ Over the next five days twenty-one members of Corbyn’s shadow cabinet resigned, all citing dissatisfaction with their leader’s lackluster performance in the build-up to the referendum as a major reason for doing so, while the shadow foreign secretary, Hilary Benn, displayed such disloyalty that he left Corbyn with little option but to sack him.
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Upholding the Rule of Law in the European Union
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THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION
The EU’s New Human Rights Dimension
The Relationship between the Principle of Equality and Legislative Acts
After discovering the contradiction between the different-in fact, opposite- meanings of ‘principles’ in Article 52(5) CFREU, on the one hand, and in the case law of the Court on the other, the question is what the impact of this conceptual conflict might be on the application of the classification under Article 52(5) CFREU. Would the resolution of the ‘principles versus principles’ dispute be able to preclude subordinating the principle of equal treatment to the classification under Article 52(5) CFREU?