The role of soft law in advancing the rights of persons with disabilities in the EU: A ‘hybridity’ approach to EU disability law

IF 1.4 2区社会学 Q1 LAW European Law Journal Pub Date : 2023-02-27 DOI:10.1111/eulj.12454

Delia Ferri

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Abstract

This article discusses the role of soft law in advancing the rights of persons with disabilities in the European Union (EU). In doing so, it revisits the emergence of the standalone, yet cross-cutting, field of ‘EU disability law’ through the lens of the ‘hybridity theory’ advanced inter alia by Trubek and Trubek. Being speculative in nature, this article construes EU disability law as a fruitful area for an enquiry into the dynamic relationship between hard and soft law. Until the entry into force of the Treaty of Amsterdam, soft law was crucial to attract disability within the sphere of action of the EU and to embed the social model of disability, displaying a value-setting role. In the post-Amsterdam period, soft law and hard law coexisted, being complementary to one another. Both contributed to a common objective, namely that of advancing equality of opportunities for persons with disabilities. After the conclusion of the UN Convention on the Rights of Persons with Disabilities, the dynamic relationship between hard and soft law has become more complex and akin to what Trubek and Trubek define as ‘transformation’.

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软法律在促进欧盟残疾人权利方面的作用:欧盟残疾法的“混合”方法

本文讨论了软法律在促进欧盟残疾人权利方面的作用。在此过程中，它通过Trubek和Trubek等人提出的“混合理论”的视角，重新审视了“欧盟残疾法”这一独立但交叉领域的出现。本文从思辨的角度出发，将欧盟残障法解释为软硬法动态关系研究的一个富有成果的领域。在《阿姆斯特丹条约》生效之前，软法律对于将残疾人吸引到欧盟的行动范围内，并嵌入残疾人的社会模式，发挥价值设定作用至关重要。在后阿姆斯特丹时期，软法和硬法并存，相辅相成。两者都有助于实现一个共同的目标，即促进残疾人的机会平等。在《联合国残疾人权利公约》缔结后，硬法与软法之间的动态关系变得更加复杂，类似于Trubek和Trubek所定义的“转型”。

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来源期刊

European Law Journal LAW-

CiteScore

2.10

自引率

21.10%

发文量

期刊介绍： The European Law Journal represents an authoritative new approach to the study of European Law, developed specifically to express and develop the study and understanding of European law in its social, cultural, political and economic context. It has a highly reputed board of editors. The journal fills a major gap in the current literature on all issues of European law, and is essential reading for anyone studying or practising EU law and its diverse impact on the environment, national legal systems, local government, economic organizations, and European citizens. As well as focusing on the European Union, the journal also examines the national legal systems of countries in Western, Central and Eastern Europe and relations between Europe and other parts of the world, particularly the United States, Japan, China, India, Mercosur and developing countries. The journal is published in English but is dedicated to publishing native language articles and has a dedicated translation fund available for this purpose. It is a refereed journal.