LGBT & EU Legislation: An Overview of the Recent Developments

By Júlia-Janka Gáspárik 

The EU’s motto is “United in Diversity”[1], which means that it is a shared community, but member states also preserve their national characteristics. At the same time, this motto can also sum up one of the biggest problems of the EU: the definition of the limit between having common laws and undermining a country’s sovereignty. LGBT (Lesbian, Gay, Bisexual, Transsexual) rights are a very delicate part of the EU legislation, trapped somewhere between universal (and EU-protected) human rights and national sovereignty. The EU – opting towards an ever-closer union – is trying to bring together its member states with social policies in order to reach an integrated society also on the cultural level, and not only on the economic and monetary ones. On the other hand, anti-LGBT/pro-traditional family groups often use the argument of sovereignty against the common EU LGBT framework[2]. This is what partially makes this issue of LGBT so complicated: some people argue that this minority should be protected with a stronger mechanism at EU level, while others say that it would undermine their countries’ sovereignty.

The European Union law mentions the issue of LGBT only in terms of discrimination: discrimination based on sexual orientation is illegal and rights pertaining to this aspect are protected in the Charter of Fundamental Rights of the EU[3]. NGOs and civil right organizations are fighting for the rights of the LGBT people. However, since the attitude towards sexual orientation is considered to be a cultural-societal-religious issue, the EU has not established a compulsory legal framework in any of its member states. On the other hand, it can be argued that this is not a societal issue but one of fundamental rights. When learning about LGBT in the EU, it also becomes clear that the main obstacle in not introducing the civil union and same sex marriages in some European countries is the predominant position of religious values in that state[4].
This article explores the complex issue of LGBT rights in the EU and the member states by examining the issues’ cultural and human rights facade. It will be illustrated with one case, namely the recent case of Coman-Hamilton (Relu Adrian Coman and Others v Inspectoratul General pentru Imigrări and Others). Continue reading “LGBT & EU Legislation: An Overview of the Recent Developments”

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European Arrest Warrant & Detention Conditions in EU Member States

By Giorgia Spolverato

Is the risk of undergoing “inhuman and degrading treatments” enough to refuse the surrender of a prisoner from a European Union country to another?

The Court of Justice of the European Union (CJEU) tried to answer this question on the occasion of the joined cases Aranyosi and Căldăraru.[1] Due to its functions as described in the Treaty on the Functioning of the European Union (TFEU), the CJEU was asked by the Higher Regional Court of Bremen (Germany) to give an interpretation of article 1, paragraph 3 of the European Arrest Warrant Framework Decision (EAW-FD), with a special focus on its compatibility with the prohibition of inhuman and degrading treatment included in the European Charter of Fundamental Rights.[2] This measure was adopted in 2002 by the Council of the European Union to replace the outdated extradition procedure within the EU member states. What is relevant to us is that the new regulation tool is based on the principle of mutual recognition, which is one of the cornerstones of the European Union integration and cooperation process, especially in the fight against international crime.[3] The principle entails a high level of mutual trust among EU member states. In the field of judicial co-operation in criminal matters, it basically means that a decision taken by an authority in one member state may be accepted as it is by another state.[4] However, this supposed “blind trust” among the member states can cause complications in cases where the principle of mutual recognition clashes with other principles; as in the case at stake, the prohibition of inhuman and degrading treatment. Continue reading “European Arrest Warrant & Detention Conditions in EU Member States”

The EU & Minority Languages Promotion

By Roberta Ragucci

The European Union is home to 60 regional or minority languages which are threatened and risk to disappear. Language can constitute more than just a communication tool, as it can be regarded as a bearer of culture and traditions. In such a culturally diverse environment, where the EU can be seen as an engaging multicultural mosaic, is the diversity constituting a key point for our sense of communality? Or is the presence of multiculturalism representing an obstacle for a potential homogeneity?

One of the most varied and endangered linguistic minorities in Europe is the Sami. The Sami is an indigenous people living today in a territory which extends on four countries (Russia, Finland, Sweden and Norway), in a region called Lapland. Sami livelihood and economy was mainly based on the reindeer husbandry, coastal fishing, and hunting. Thus, due to their need to follow reindeers, they have never lived in one and only big community, setting up several smaller communities instead. Consequently, their nomadic life led to the development of different Sami languages, at least ten, which cannot be classified simply as dialects of the same language. Nowadays, the Sami language which counts the larger number of speakers is the North Sami, followed by the Lule Sami and South Sami. It belongs to the finno-ugrian linguistic family and it is commonly divided into three branches, depending on the grade of mutual intelligibility they can reach.

Since the establishment of borders in the Scandinavian peninsula and Russia, the Sami population quickly became a minority and encountered all the correlated difficulties as, for instance, the prohibition to speak their own language and the obligation to learn the new majority (“national”) languages. This was a consequence of the development of the agricultural activities, which implied a progressive settlement in the most Northern-most areas where the reindeers used to graze, and the wish to reach a certain homogeneity amongst the territory after the drawing of new borders. Thus the Sami people was considered a threat to the in-borders safety and homogeneity of the now “national” population. Continue reading “The EU & Minority Languages Promotion”