European Law Review

The article examines the new Work-Life Balance Directive of June 2019 which aims to enhance women’s participation in employment by increasing the possibilities for men to take up family-related leave. The Directive includes provisions on paternity leave, nontransferability and payment of (part of) parental leave, carers’ leave and extended possibilities for parents and carers to request flexible working arrangements. These provisions will have a significant impact in most Member States, obliging them to increase paid reserved periods of child-related leave for both mothers and fathers. The new Directive was one of the initiatives where the European Pillar of Social Rights has proved to be successful up to now, and at the time of writing was one of only two directives (together with the European Accessibility Act) the Union adopted since 2010 in the area of equality—which gives food for thought.

Álvaro Oliveira

Miguel De la Corte-Rodríguez

Fabian Lütz

The new Directive on work-life balance: towards a new paradigm of family care and equality?

新工作与生活平衡指令：迈向家庭照护与平等的新范式？

In a quarter-century of judicial scrutiny and scholarly debate, the relation between Union citizenship and the right to free movement has mostly been considered from the perspective of host Member States and their obligations. The role of home Member States has remained marginal and only been considered in conjunction with a restricted set of situations. This article presents the perspective of home Member States. Through a systematic analysis of the relevant case law, it distinguishes between three sets of obligations of home Member States in the context of the right to free movement: facilitation, guarantee and non-deprivation obligations. These obligations substantiate a key role of home Member States that finds only formal definition in the Treaties: home Member States are the very enablers of supranational citizenship and, in doing so, they transform and upgrade national citizenship. This upgrade points to alternative explanations for the “return to the national” that part of the literature equates with the supranational citizenship’s failure. It also yields a novel perspective on two unsolved problems in the relation between citizenship and free movement, namely the source of transnational solidarity, and the place of non-mobile citizens.

Francesca Strumia

Supranational Citizenship’s Enablers: Free Movement from the Perspective of Home Member States

超国家公民身份的促进因素：从母国成员国角度看自由流动

In Rimsēvics v Latvia and ECB v Latvia the ECJ had the opportunity to consider for the first time the interpretation of art.14.2 of the ECSB Statute which provides for redress where central bank Governors are relieved from their position in the Governing Council of the ECB. In a bold judgment, the Court held that, even though the decision to dismiss a Governor is a national act, art.14.2 vests the Court with jurisdiction to annul it. The judgment departs from the national-EU dichotomy in the exercise of public power that determines the allocation of jurisdiction between EU and Member State courts. Although correct in its context, Rimsēvics is of limited exportability to other EU institutional or administrative contexts. It is, however, indicative of a trajectory of increasing hybridity where traditional boundaries between EU and national action as separate expressions of pouvoir public break down.

Takis Tridimas

Luigi Lonardo

When can a national measure be annulled by the ECJ? Case C-202/18 Ilmārs Rimšēvičs v Republic of Latvia and case C-238/18 European Central Bank v Republic of Latvia

欧洲法院何时可以宣布一项国家措施无效？案例C-202/18 Ilmārs Rimšēvičs诉拉脱维亚共和国及案例C-238/18 欧洲中央银行诉拉脱维亚共和国

This article considers the pervading influence of the Charter of Fundamental Rights of the European Union for the UK following Brexit. The UK Government has been clear in its wish that the Charter have no influence in the UK after the UK’s withdrawal from the European Union (EU). However, the government position shows a misunderstanding of the Charter, its potential ongoing effects notwithstanding Brexit, and the nature of the UK’s Withdrawal Agreement with the EU. This article looks to inform British understandings of the Charter. The article argues that in the myriad positions that the UK may find itself following Brexit the Charter ought to and likely will have some role to play. This proposition is based on a legalistic discussion of the relevant instruments but also on the theoretical understandings of one’s “right to have rights” based upon the work of Hannah Arendt and furthered by Emmanuel Levinas.

Adam Ramshaw

What Could Have Been And May Yet Still Be: Brexit, the Charter of Fundamental Rights of the European Union and the Right to Have Rights

《曾经可能与未来仍有可能：英国脱欧、欧盟基本权利宪章与拥有权利的权利》

Annelieke Mooij

The legality of the ECB's Pandemic Emergency Purchase Programme

欧洲央行疫情紧急购买计划的法律性

Tonia A Novitz

Sustainable Labour Conditionality in EU Free Trade Agreements?: Implications of the EU-Korea Expert Panel Report

欧盟自由贸易协定中的可持续劳工条件？欧盟-韩国专家小组报告的影响

欧盟自由贸易协定中的可持续劳动条件？欧盟-韩国专家小组报告的影响

Abbreviation	Eur. Law Rev.
Journal Impact	0.90
Quartiles(Global)	LAW(Q2)

ISSN	0307-5400, 2754-1800
h-index	27

Publication Information	Publisher: Sweet & Maxwell Ltd.，Publishing cycle: ，Journal Type: journal，Open Access Journals: No
Basic data	Year of publication: 2008，Proportion of original research papers: 97.67%，Self Citation Rate:12.50%， Gold OA Rate: 0.00%

European Law Review

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The new Directive on work-life balance: towards a new paradigm of family care and equality?

Supranational Citizenship’s Enablers: Free Movement from the Perspective of Home Member States

When can a national measure be annulled by the ECJ? Case C-202/18 Ilmārs Rimšēvičs v Republic of Latvia and case C-238/18 European Central Bank v Republic of Latvia

What Could Have Been And May Yet Still Be: Brexit, the Charter of Fundamental Rights of the European Union and the Right to Have Rights

The legality of the ECB's Pandemic Emergency Purchase Programme

Sustainable Labour Conditionality in EU Free Trade Agreements?: Implications of the EU-Korea Expert Panel Report

Sustainable Labour Conditionality in EU Free Trade Agreements?: Implications of the EU-Korea Expert Panel Report

Sustainable Labour Conditionality in EU Free Trade Agreements?: Implications of the EU-Korea Expert Panel Report

Sustainable Labour Conditionality in EU Free Trade Agreements?: Implications of the EU-Korea Expert Panel Report

Sustainable Labour Conditionality in EU Free Trade Agreements?: Implications of the EU-Korea Expert Panel Report