While the story of the company is a little history of European integration in itself, it was the decision of the European Court of Justice in the case Van Gend & Loos v Nederlandse Administratie der Belastingen (1963) that gave Van Gend & Loos a place in European Union law. The case itself was...
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.
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...
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...
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...
Union citizens have the right to be accompanied by their ‘spouse’ when exercising their mobility rights. But what if your spouse is denied right of residence because the destination Member State does not recognise your marriage?
Trevor Burrus claims that health care cannot be a fundamental right. He is not alone in saying this, but the way he says it is noteworthy. His article is not original (nor does it claim to be), but it represents an admirably clear retelling of an old story: Positive rights cannot be rights, this is...
Can Member States prohibit pupils from attending education abroad, simply on the belief that it might hamper the integration of the children into society? But what of possible justification grounds?
Can Member States of the EU prohibit pupils from attending education abroad, simply on the belief that it might hamper the integration of these children into society? If this sounds extreme, read on.
The Central European University is facing severe restrictions after a modification to the Hungarian Higher Education Act. This blog article argues that EU free movement law could be relied upon to challenge that amendment and that, considering the particularly egregious violation of Union law at...
