Suchergebnisse

The article scrutinizes the issue of horizontal effect in the field of fundamental freedoms. In that regard two main sub-issues are explored: First, the ratione materiae and ratione personae scope of horizontal direct effect of the Treaty provisions on freedom of movement for workers, freedom to provide services and freedom of establishment is examined with their main rationales. Second, in addition to indirect horizontal direct of the Treaty provisions on free movement of goods, it is examined whether horizontal direct effect in the field of free movement of goods is provided by these provisions on the basis of the same rationales, if not, by the general principle of non-discrimination on grounds of nationality of EU law.

BEN FINE IS WELL KNOWN in Marxian and radical cirdes for his research, his teaching at Birkbeck College and SOAS, and his involvement with the CSE. A superficial look at Fine's publications gives the impression that his intellectual trajectory is badly fragmented. Fine seems to have abandoned his highly acclaimed (by Marxists) work on value theory in the mid-80s (especially Fine and Harris, 1979, and Fine 1980, 1982, 1986; see, however, Fine, 1989 (1st ed. 1975), 1990a, 1992a), in order to pursue a disparate collection of 'softer' themes such as the South African industrialisation (Fine and Rustomjee, 1997), the contemporary British economy (Fine and Harris, 1985), the history of the British coal industry (Fine, 1990b), female participation in the labour market (Fine, 1992b), and labour market theory and the political economy of food and consumption (in the books discussed below).

Private law and private law relationships in Member States of the European Union are increasingly influenced by EU law. Sometimes, this influence is predictable, for instance because EU law provides expressly that violation of a rule shall produce a specific private law effect (Article 101(2) TFEU). Less predictable are the consequences where the Court of Justice interprets provisions of EU law ostensibly addressed to the Member States such as creating, modifying or extinguishing rights and obligations in legal relationships between individuals. Since 1974 the Court has given interpretations to such direct horizontal effect to some of the TFEU provisions on free movement --Back cover

The proposal for a minimum wage directive has met with partly harsh criticism in many countries. Lack of EU legal competence is one of the main points contested. The present German Ministry of Labour and Social Security is in favour of the proposal seeing it as a means to strengthen welfare and peace in Europe and to improve overall wage levels. The same is true of the majority of German trade unions, whereas employers' associations are strictly against this piece of legislation. In legal literature strong opposition can be found as well as voices who support the proposal but recommend amendments with a view to the legal base problem.

Wealth-related inequity in the use of maternal healthcare services continues to be a substantial problem in most low- and middle-income countries. One strategic approach to increase the use of appropriate maternal healthcare services is to encourage the expansion of the role of the private sector. However, critics of such an approach argue that increasing the role of the private sector will lead to increased inequity in the use of maternal healthcare services. This article explores this issue in two South Asian countries that have traditionally had high rates of maternal mortality—Nepal and Bangladesh. The study is based on multiple rounds of nationally representative household survey data collected in Nepal and Bangladesh from 1996 to 2011. The methodology involves estimating a concentration index for each survey to assess changes in wealth-related inequity in the use of institutional delivery assistance over time. The results of the study suggest that the expansion of private sector supply of institutional-based delivery services in Nepal and Bangladesh has not led to increased horizontal inequity. In fact, in both countries, inequity was shown to have decreased over the study period. The study findings also suggest that the provision of government delivery services to the poor protects against increased wealth-related inequity in service use.

Whether and to what extent private actors are directly bound by the provisions on free movement of the EU Treaties, also known as horizontal direct effect of the freedoms, has in the last years been subject to intensive and controversial academic debate. The Court of Justice of the European Union has attributed horizontal direct effect to the free movement of persons, under Articles 45, 49 and 56 TFEU. In sharp contrast, the Court has refused to apply the free movement of goods, Article 34 TFEU, directly to the conduct of private actors, not explaining the reasons for this different approach. This article aims to contribute to understanding the Court's approach and seeks answers to a number of key outstanding questions, namely what role horizontal direct effect does play currently, what role it can and should play in the free movement of goods, and whether a uniform approach to fundamental freedoms is desirable. In doing so it will be tried to assign the free movement of goods an appropriate place in a coherent overall approach to horizontal direct effect in free movement law. This approach, it is argued, should respect the nature of the different free movement provisions, their genesis and the Court's case-law on horizontal direct effect.

This paper examines the role of climate change in trade relations between the EU and the Americas and the manners in which inter-regional Free Trade Agreements (FTAs) address climate change. The assessments of these FTAs demonstrate a need for more ambitious climate provisions, going beyond commitments in trade and sustainable development (TSD) chapters and including the provision of incentives to exchanges in green goods and technologies. Besides making climate commitments more enforceable, it argues, climate ambition requires acting 'horizontally' on FTAs. Thus, the EU should prioritize careful drafting of non-TSD chapters over more extensive but less enforceable TSD chapters, since actual climate friendly through specific trade commitments are the way forward.

To the extent that Horizontal Inequalities (HIs), or inequalities between groups in access to economic, social and political resources, are an important source of conflict, then correcting them should form a significant aspect of policy design in the post-conflict period. The paper reviews what this might mean in relation to policies towards group access to assets and incomes; to social services; and political participation. It argues that the types of policies aimed at correcting group inequalities, in fact are fairly common in ethnically divided societies, sometimes taking the form of corrections to unfair processes, and sometimes of quotas and targets. Moreover, in some cases (including Malaysia and N. Ireland) they seem to have been effective in sustaining or promoting peace. Yet, despite their importance in many post-conflict situations, they rarely form an explicit part of the post-conflict development agenda. This is illustrated in this paper by reviewing general statements about post-conflict policies, and through examining two case studies – Mozambique and Guatemala. In each of these cases, HIs were one of the sources of conflict. Yet in Mozambique these have been ignored in the post-war era, and in fact most policies have tended to accentuate them, while in Guatemala some of the peace protocols did contain provisions which would have helped correct the HIs but these mostly have not been put into effect. Political obstacles can prevent such policies being adopted, such as in Guatemala. Moreover, the policies need to be adopted with political sensitivity as they can become a source of conflict themselves, as arguably occurred in Sri Lanka.