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The right to take collective action in EU law based on the European Pillar of Social Rights and the recent case law of the CJEU
9-24Views:216This paper is built around the workers’ fundamental right to take collective action and collective bargaining. Although, this right is firmly embedded in the majority of labour law systems in the social policy (meaning labour law, too) of the European Union, it is worth analysing it separately with an independent meaning. We can approach this right from the fundamental rights, the fundamental treaties or from certain directives, so we can find several questions that are difficult to answer properly. These problems are mostly catalysed by the necessary collision between the need for socially motivated legal protection and the fundamental economic freedoms. In my research, I analyse this right – along with some other connected ones – with the help of the recent case law of the Court of Justice of the European Union and the European Pillar of Social Rights because the latter highlights the holistic approach in the current reforms of EU social policy.
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Right to a Healthy Environment in the Theory
24-38Views:216To protect the environment with the help of human rights is one possible way among others to fight against environmental degradation. Yet, does this idea fit into the system of human rights, taking into consideration the fact that the upmost goal of human rights is the protection of human dignity? Is the connection between the environment and the human dignity strong enough to protect the environment by human rights? The following conceptual paper searches for reasonable answers to these questions by analyzing the so-called right to a healthy environment. By doing so the links between human and environmental rights and the specialties of human rights will be examined in order to show why the right to a healthy environment could in theory fit into the system of human rights protection.
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Limits of Environmental Liability: Summary of the Guest Editor
189-198Views:189This summary is an attempt to demonstrate that despite all the differences in how limits of environmental liability are perceived by the authors of this special issue due to different approaches to environmental liability, a common framework can nevertheless be drawn encompassing them all. Each article of the special issue elaborates some of the aspects of the concept of environmental liability. Despite the differences in the evaluation and assessment by the authors of the role of stakeholders and of the facts having an impact on the concept of environmental liability, it is shown that all of them are analysing the very same subject. The apparent differences are due to the different contexts in which environmental liability is examined and evaluated. Thus, the summary underlines that there is a need for system thinking related to environmental liability.
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Regulatory Proposal of the Ombudsman for Future Generations
10-28Views:210The most important provisions of environmental liability are available, but the effective enforcement still requires the regulation of several legal conditions. The ombudsman for future generations, following a wide professional and social coordination issued a complex regulatory proposal. The proposal is based upon the EU Environmental Liability Directive within the framework of the existing liability scheme, with a broader understanding of liability, and with the most inclusive approach of the polluter pays principle. Among other elements it covers the financial guarantees, the formation of the financial coverage of state intervention, the implementation of environmental liability attached to the real estates, the availability of and access to the environmental information, the more effective enforcement of environmental liability, and also the setting of conditions of implementation within public administration. The main objective is to promote responsible environmental behaviour.
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The Indigenous Peoples’ Right to Cultural Identity in the Case-law of the Inter-American Court of Human Rights
145-163Views:247The present paper examines the protection of cultural identity in the case-law of the Inter-American Court of Human Rights (IACHR), where this question has primarily been dealt with in connection with the rights of indigenous peoples. Although not expressly guaranteed in the American Convention on Human Rights (ACHR), the right to cultural identity is found to be protected in the treaty due to the IACHR’s evolutionary interpretation of the right to life and the right to property, as well as other first-generation human rights contained in the ACHR. Issued in the Spring of 2020, the IACHR decision in the case Lhaka Honhat vs Argentina puts into a new perspective the protection of the right to cultural identity. Unlike before, it was clearly established that cultural rights are autonomous and judicially enforceable under Article 26 of the ACHR. At the same time, the ICHR’s revolutionary approach provides new opportunities for the judicial protection of environmental rights claims based on Article 26 of the ACHR as well.
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Balancing Work and Life: New Developments in the Field of Legal Protection of Workers
25-44Views:171The present study deals with the current labour law questions of balancing work and private life. The topicality of the study is supported by Directive (EU) 2019/1158 which, built on the existing legislative basis, brings several novelties in this regulative area refreshing the key elements of the criteria of equal employment referring to the employees raising children. The researched regulation fits into the high level, socially motivated; worker-protection Directive designated by the European Pillar of Social Rights, consequently, this aspect also plays a role in elaboration. In my analysis, I concentrate on the regulative background, subject of the new Directive, as well as its connection to fundamental social rights and the new norms describing the potentially strengthening legal protection of workers. I draw conclusions based on their synthesis about the predictable future effects of the new regulation.