Article 2 [The Homogeneity Clause]

Blanke, Hermann-Josef; Mangiameli, Stelio

doi:10.1007/978-3-642-31706-4_3

Cited by 3 publications

(1 citation statement)

References 34 publications

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“…2 of the Treaty on the European Union (hereinafter "TEU"), have provided one of the unifying narratives for EU action. The values found their role to play in a multitude of areas, spanning rule of law, protection of human rights, or judicial independence, at the EU level, but their influences also manifested before judicial bodies of the MSs (Blanke and Mangiameli, 2013;di Gregorio, 2019;Schorkopf, 2020). This role has, over the years, manifested itself in a variety of settings as well, including not only relationship between the EU and its MSs, including in areas where the EU does not have competence of its own (Kováčiková and Blažo, 2019, p. 222), but also throughout the process of its enlargement, as part of its accession criteria, 1 and its external relations as well (Mokrá, 2020;Schroeder, 2021;Smilov, 2006), for example in the area of trade agreements through human rights clauses with trade partners of the EU (Bartels, 2014;Mckenzie and Meissner, 2017).…”

Section: Introductionmentioning

confidence: 99%

Impact of European Union Tariff Preferences on International Human Rights Treaties

Máčaj¹

2022

SYEUL

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Tariff preferences of the EU seek to, inter alia, incentivize third countries through more beneficial scheme of preferences to act in accordance with international human rights standards and other values prioritized by the EU. The aim of this contribution is to assess whether this motivation has real impact on third countries as regards their approach to core international human rights treaties and provide answer to the question whether improved tariff preferences influenced conduct of those countries, as regards accession to the said treaties and expansion of their territorial applicability. Through this assessment, the research seeks to analyse impact the positive conditionality had on acceptance and ratification of human rights treaties by countries that have not showed previous inclination to ratifications without the prospect of obtaining tariff preferences by the EU. The central method is to consider the international human rights treaty ratification years of all states benefitting from the EU regime of tariff preferences. By comparing the time of ratifying the required human rights treaties, and the year in which the respective states became beneficiaries of tariff preferences, the study confirms that, safe for several specific cases, the states receiving tariff preferences had little to no new obligations in terms of ratifying human rights conventions they were previously not bound by.

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Section: Introductionmentioning

confidence: 99%

Impact of European Union Tariff Preferences on International Human Rights Treaties

Máčaj¹

2022

SYEUL

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Parameters of EU and Member State Constitutional Identity: A Topic in Development

Schyff

2023

European Yearbook of Constitutional Law

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As minorias na União Europeia

Porras Ramírez

2024

Rev. Bras. de Dir. Constitucional

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Welcoming a growing demand for International Law, the European Union recognizes the need to protect the rights of the members of the minorities it houses in its territory. To this end, it is committed to the adoption of a model of “complex citizenship”, capable of combining the acceptance of the identity traits that these people manifest, with the identification of universal axiological references, which, acting as channels of integration and essential factors of organization of coexistence, are none other than fundamental rights expressly guaranteed by the Charter. The sum of all of them constitutes the expression of a kind of “European identity”, based on common values and principles shared by its Member States. Thus, currently, Europe has provided itself with a double standard of protection of the rights of people belonging to minorities, the one expressed by the Council of Europe and the one that the European Union itself has gradually created. However, a growing tension has been noted between this legitimate claim for recognition and the aspiration of Member States to preserve certain elements that distinguish their national identity. In the increasingly numerous and complex migrant minority, European protection policies are summarized, putting their sincerity to the test.

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Article 2 [The Homogeneity Clause]

Cited by 3 publications

References 34 publications

Impact of European Union Tariff Preferences on International Human Rights Treaties

Impact of European Union Tariff Preferences on International Human Rights Treaties

Parameters of EU and Member State Constitutional Identity: A Topic in Development

As minorias na União Europeia

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