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Human Rights

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Commission Management of EU Funds Questioned at the General Court on the Grounds of Discrimination Against Persons with Disabilities

Three disability rights organizations have brought an action of annulment before the General Court against the European Commission, for failing to halt EU infrastructure funding used by Bulgarian authorities to build institutions for persons with disabilities. Having failed to suspend the projects in Bulgaria, the organizations turned to the European Commission to halt funding to Bulgaria until...

Charter Applicability Under More Favourable Provisions of National Law. The TSN Judgment and the Future of Article 51.1 of the Charter

Yesterday all the attention was focused on the judgment of the Court of Justice on the Polish judiciary (more on that will follow in this blog). But on the same day, the Grand Chamber and the same reporting judge issued another important judgment that has passed by more discretely: the TSN case, on the scope of application of the Charter when Member States increase the level of protection...

Book Review: The Horizontal Effect of Fundamental Rights in the European Union, by E. Frantziou, OUP, 2019

  Horizontal effect is a classic of EU law. Horizontality of Directives, or of free movement rules, are among the pillars of EU Law 101. But the horizontal effects of EU fundamental rights are quite a different creature. In fact, the doctrine of Drittwirkung, or of positive obligations of the State, are highly sophisticated categories in the field of human rights law that pre-exist EU law...

The Charter of Fundamental Rights Turns Ten – A Brussels Celebration

Yesterday, the European Commission, together with the Finnish Presidency and the Fundamental Rights Agency, organized a conference celebrating the tenth anniversary of the entry into force of the Charter of Fundamental Rights of the EU. Academics, public officials from the Member States and the EU Institutions, NGOs, as well as judges from the Court of Justice, the General Court and the European...

Blogging on Professional Matters After Work. Strasbourg Strikes a Balance in Herbai v. Hungary

Workers are entitled to freedom of expression outside work. But how is that freedom affected by their work contracts when they give their opinions on work-related matters? Is a human resources analyst protected by the Convention when he or she shares personal opinions on professional matters in a blog outside work? If the employer decides to dismiss the worker on the grounds that commercial...

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