Latest blog articles
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About a year ago, this blog published my contribution “Let us not forget about EU fundamental rights,” which addressed the situation at the EU’s external borders. At the time, the decision of the ECtHR in the case of N.D and N.T v. Spain, was heavily criticised for failing to protect the right to...
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Comparing figures on corona infections and mortality can be misleading
The number of people dying in Belgium from the effects of the Coronavirus (COVID-19) is higher than in neighbouring countries. This high mortality rate makes it seem as if Belgium is not doing as well as its neighbours. The...
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Today in times of pandemic hospitals face a crisis of scarce resources. In many places this has already led to measures of triage where critical medical care is rationed to those who are most likely to benefit from it. In other places, it is clear that such measures will soon need to be taken.
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With the prevailing Coronavirus (COVID-19) it is recommended to work from home as much as possible. For frontier workers, however, working from home can be disadvantageous. This is because they then work in another country from one day to the next. International and European rules on the...
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Human rights violations continue to be a major issue at the EU’s external borders and pushbacks have been reported in several EU Member States. Most recently, the spotlight has been on Spain’s long-standing practice of pushbacks at the border of Melilla, as the ECtHR handed down its long-awaited...
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More than ten years after the European Court of Justice ruled that the German Eigenheimzulage was in breach of European law, the EC also started questioning its successor, the Baukindergeld. ITEM had previously concluded that the Baukindergeld was in breach of European law. We now await the...
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In its judgment of 19 September 2019, the ECJ ruled that Dutch legislation excluding frontier workers residing in the Netherlands but working as a mini-jobber in Germany from the Dutch social security system is compatible with EU law. If the Hoge Raad follows the approach taken by the ECJ, the...
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I wrote my PhD towards the last days of the debate over “social rights”. This debate harkens back to the fifties, when the International Covenant on Social and Cultural Rights was being negotiated. Some claimed that social rights could never be true rights. Others claimed that without social rights...
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In this entry I want to mention four considerations that suggest that human rights lawyers should be cautious in embracing basic income as a replacement for human rights. These reflections should be seen as merely exploratory. The basic income in full has never been put in practice, and consequently...
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To speak of economic justice today is to speak of the basic income. A basic income can be defined as an unconditional cash payment to all persons who form part of a political community. As automation increases, there is fear that labor will be replaced by “robots”. The basic income seems to be a...