16.The Lisbon Treaty
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European Council Council of the European Union
How the Horizontal Social Clause can be made to Work: The Lessons of Gender Mainstreaming
The new article 9 of the Treaty on the Functioning of the European Union (TFEU) requires the EU institutions and the Member States to assess all their policies, laws and activities in light of their implications for the achievement of social goals. In combination with the Charter of Fundamental Rights and the future accession of the EU to the Convention for the Protection of Human Rights and Fundamental Freedoms, it may contribute to a fundamental reorientation of EU legislation and jurisprudence towards social aims. The implementation of gender mainstreaming over the last ten years enables identification of the key factors required if horizontal European policies are to succeed. The experience of gender mainstreaming shows in particular that, in order to develop its full potential, the new Horizontal Social Clause will require a firm commitment on the part of all European actors involved in the fields of employment, social protection, the fight against social exclusion, education and training and human health. Subject to impetus by a strong political will, Article 9 has the potential to prompt significant redirection of the most liberal European policies towards social ends and to contribute to the emergence of a European social model.
(15 ) The Lisbon Treaty
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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
(14) The Lisbon Treaty
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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?
(13 ) The Lisbon Treaty
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THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION
The EU’s New Human Rights Dimension
A CONCRETE EXAMPLE: EQUALITY AS A RIGHT AND A PRINCIPLE
The Development of Equality as a Primary Principle Guaranteeing Fundamental Human Rights
Equality and non-discrimination have a special place among human rights and they have a special position in the Charter as well. Their special position is established by its dual character. First, it is a principle determining the content and exercise of all other fundamental rights and as such, it is unequivocally acknowledged as a constitutive element of international human rights law. Secondly, it is a right of a specific kind, being a precondition of human dignity. This second meaning, the right to equal treatment, in contrast with the principle of equal treatment, is the subject of broad conceptual discussions.
(12 ) The Lisbon Treaty
The Treaty of Lisbon - How much 'Constitution' is left? An Overview of the Main Changes
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THE EU CHARTER AND ITS APPLICATION AND INTERPRETATION
The EU’s New Human Rights Dimension
Second Permissible Objective: Need to Protect the Rights and Freedoms of Others
Since there are many elements which could constitute ‘general interests’ it would appear that the second objective (rights and freedoms of others) would not become the biggest issue. But the first judgment in this respect shows that it is in particular in personal relationships that this objective might become relevant.77
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