ECJ´s New Role – Guardian of Open but not Socially Inclusive Europe?

Abstract

The aim of the following article is to fi nd whether the European Court of Justice has reacted in its recent rulings to the growing reluctance of many Europeans and their political representations towards quasi-automatic rights of migrating of European Union citizens to move to another Member State and enjoy there the benefi ts of social policy on equal footing with this country´s nationals. The result of the referendum held in the United Kingdom on 23 June 2016 regarding the UK's membership in the EU demonstrates the importance of the issue in question. The authors analyse recent case law of the European Court of Justice in comparison with its earlier case law regarding the access of Union citizens to social assistance and the status of third country nationals as family members of European Union citizens. The authors have come to the conclusion that so far, the European Court of Justice tightened the interpretation of the European Union law in force in the area of welfare tourists' rights unlike in the case of economically active migrants. First, Martinez-Sala, Grzelczyk, Bidar, Trojani and other judgments are mentioned to remind the previous approach of the European Court of Justice, based on the principle of broad solidarity between Member States.

Data Protection in Law Enforcement and Judicial Cooperation in Criminal Matters

“…The agreement was signed in September 2015 and aimed to create effective cooperation (Lacuška et al, 2021;Panevski et al, 2021;Peráček et al, 2020) between the US and the EU. However, it is questionable to what extent is the agreement compatible with EU law, i.e., whether the entire agreement would withstand an examination by the ECJ at all (Šmejkal & Svobodová, 2018). It is true that EU citizens have the option of bringing legal action before American courts if their rights are violated.…”