Equality and non-discrimination are two of the most important foundational values of the European Union. But a rapidly evolving society means that their practical application has to be constantly under review to assess if their content and objectives are being fulfilled. When it comes to the rights of the LGBTIQ community – here in particular of trans when compared with cis women – there is still a long way to go to effectively safeguard them, while reasonably protecting all involved. Terminological confusion around the concepts of “sex” and “gender” has served to justify the curtailment of the fight for equality and non-discrimination, and relegate trans women to a position of second-class citizens. The EU needs to review its approach to this particular issue and enshrine into law the concepts of “sex” and “gender” as a way to continue to push forward in its fight for LGBTIQ rights, doing justice to its moniker of “rainbow Europe”.
{"title":"Trans rights in the European Union – “sex” v. “gender” on the path towards equality and non-discrimination","authors":"Ana Cardoso","doi":"10.21814/unio.8.2.4761","DOIUrl":"https://doi.org/10.21814/unio.8.2.4761","url":null,"abstract":"Equality and non-discrimination are two of the most important foundational values of the European Union. But a rapidly evolving society means that their practical application has to be constantly under review to assess if their content and objectives are being fulfilled. When it comes to the rights of the LGBTIQ community – here in particular of trans when compared with cis women – there is still a long way to go to effectively safeguard them, while reasonably protecting all involved. Terminological confusion around the concepts of “sex” and “gender” has served to justify the curtailment of the fight for equality and non-discrimination, and relegate trans women to a position of second-class citizens. The EU needs to review its approach to this particular issue and enshrine into law the concepts of “sex” and “gender” as a way to continue to push forward in its fight for LGBTIQ rights, doing justice to its moniker of “rainbow Europe”.","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"84 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135594038","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
In 2015, the unprecedented arrival of refugees and irregular migrants in the European Union (EU) put a strain on the Common European Asylum System (CEAS), thus exposing a number of deficiencies in EU external border, asylum and migration policy. The need to reform the system became urgent and the EU was presented with both a challenge and an opportunity to further advance towards a much-needed consensual and long-term solution for the harmonisation of the asylum system, standing on the basis of solidarity and responsibility-sharing. This paper argues that the new comprehensive approach to migration and asylum praised by the European Commission (EC) is still missing in the recent Pact on Migration and Asylum of 2020, which represents more a missed opportunity than the real reform that the CEAS needs. The chosen legislative path, the dualistic understanding concerning the approach to migrants, and the new solidarity mechanism envisioned in the Pact show how the lack of consensus among Member States, the tendency towards the creation of a “Fortress Europe”, and an asymmetric idea of inter-state solidarity prevail, preventing the development of a common European framework for migration management that is both effective and in line with the EU’s values and objectives. This paper further argues that, if the EU fails to shift the paradigm of solidarity, the system is at risk of remaining fractured and incapable of withstanding the future challenges of migration. A new framework must be grounded on the principle of solidarity, as defined in the Article 80 of the Treaty on the Functioning of the European Union (TFEU) which, in turn, needs to move from a state-centred approach to a concept of solidarity based on affected individuals, thus setting its foundations on a human rights basis. The EU needs, in fact, to strongly step up as a humanitarian actor and place protection and responsibility-sharing at the centre of its agenda: the protection of fundamental human rights in its territory and beyond is at stake.
2015年，前所未有的难民和非正规移民涌入欧盟，给欧洲共同庇护制度(CEAS)带来了压力，暴露出欧盟在外部边境、庇护和移民政策方面的一些缺陷。改革这一制度的需要变得紧迫，欧盟面临着挑战和机遇，可以在团结和责任分担的基础上，进一步推动达成一项亟需的共识和长期解决方案，以协调庇护制度。本文认为，在最近的《2020年移民和庇护公约》(Pact on migration and asylum of 2020)中，欧盟委员会(EC)称赞的移民和庇护的新综合方法仍然缺失，这与其说是CEAS需要的真正改革，倒不如说更像是错失了机会。所选择的立法路径、对移民处理方式的二元理解以及《公约》所设想的新的团结机制表明，成员国之间缺乏共识、建立“欧洲堡垒”的趋势以及国家间团结的不对称观念盛行，阻碍了既有效又符合欧盟价值观和目标的欧洲共同移民管理框架的发展。本文进一步认为，如果欧盟不能转变团结的范式，该体系将面临继续分裂的风险，无法承受未来移民的挑战。新的框架必须以《欧洲联盟运作条约》第80条所界定的团结原则为基础，而这一原则又需要从以国家为中心的做法转向以受影响个人为基础的团结概念，从而在人权基础上奠定其基础。事实上，欧盟需要大力加强作为人道主义行动者的作用，并将保护和责任分担置于其议程的中心:保护其领土内外的基本人权受到威胁。
{"title":"The crisis of the Common European Asylum System: rethinking solidarity in light of Human Rights","authors":"Paola Di Nunzio","doi":"10.21814/unio.8.2.4760","DOIUrl":"https://doi.org/10.21814/unio.8.2.4760","url":null,"abstract":"In 2015, the unprecedented arrival of refugees and irregular migrants in the European Union (EU) put a strain on the Common European Asylum System (CEAS), thus exposing a number of deficiencies in EU external border, asylum and migration policy. The need to reform the system became urgent and the EU was presented with both a challenge and an opportunity to further advance towards a much-needed consensual and long-term solution for the harmonisation of the asylum system, standing on the basis of solidarity and responsibility-sharing. This paper argues that the new comprehensive approach to migration and asylum praised by the European Commission (EC) is still missing in the recent Pact on Migration and Asylum of 2020, which represents more a missed opportunity than the real reform that the CEAS needs. The chosen legislative path, the dualistic understanding concerning the approach to migrants, and the new solidarity mechanism envisioned in the Pact show how the lack of consensus among Member States, the tendency towards the creation of a “Fortress Europe”, and an asymmetric idea of inter-state solidarity prevail, preventing the development of a common European framework for migration management that is both effective and in line with the EU’s values and objectives. This paper further argues that, if the EU fails to shift the paradigm of solidarity, the system is at risk of remaining fractured and incapable of withstanding the future challenges of migration. A new framework must be grounded on the principle of solidarity, as defined in the Article 80 of the Treaty on the Functioning of the European Union (TFEU) which, in turn, needs to move from a state-centred approach to a concept of solidarity based on affected individuals, thus setting its foundations on a human rights basis. The EU needs, in fact, to strongly step up as a humanitarian actor and place protection and responsibility-sharing at the centre of its agenda: the protection of fundamental human rights in its territory and beyond is at stake.","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"38 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135594040","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article aims to assess the possibility of convening a referendum linked to the initiation of a constitutional amendment to recognise Catalonia’s right to secede from Spain. With this purpose in mind, we will analyse the legal institution of the referendum and other forms of popular consultations provided for in the Spanish legal system, with particular emphasis on the institution of the “consultative referendum on issues of special political importance” enshrined in Article 92 of the Spanish Constitution. This will serve to bring knowledge and rationally challenge the theoretical proposals of some authoritative sources in the legal doctrine, who have argued that before formally initiating a constitutional reform process in Spain, it would be convenient to verify whether such a desire for independence actually exists in Catalonia by holding a consultative referendum in this region, which would be in accordance with the Constitution.
{"title":"Referendums and popular consultations in the Spanish constitutional system: reflecting on the possibility of holding a referendum on the independence of Catalonia from Spain","authors":"Valentina Maglietta","doi":"10.21814/unio.8.2.4698","DOIUrl":"https://doi.org/10.21814/unio.8.2.4698","url":null,"abstract":"This article aims to assess the possibility of convening a referendum linked to the initiation of a constitutional amendment to recognise Catalonia’s right to secede from Spain. With this purpose in mind, we will analyse the legal institution of the referendum and other forms of popular consultations provided for in the Spanish legal system, with particular emphasis on the institution of the “consultative referendum on issues of special political importance” enshrined in Article 92 of the Spanish Constitution. This will serve to bring knowledge and rationally challenge the theoretical proposals of some authoritative sources in the legal doctrine, who have argued that before formally initiating a constitutional reform process in Spain, it would be convenient to verify whether such a desire for independence actually exists in Catalonia by holding a consultative referendum in this region, which would be in accordance with the Constitution.","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135950915","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Understanding that the nations and nation states that have historically contributed the least to climate change suffer the most from its impacts and have fewer opportunities to protect themselves or adapt to them is the first step in the process of understanding the importance of a just and inclusive transition for all. In an immense diversity of realities, this very notion is no different in the context of the European Union. This article seeks to show the need to find concrete tools, through the European Union’s protagonism, for an ecological transition with social justice.
{"title":"How can there be an ecological transition without a just transition? – starting with the European Union","authors":"Nataly Machado","doi":"10.21814/unio.8.2.4699","DOIUrl":"https://doi.org/10.21814/unio.8.2.4699","url":null,"abstract":"Understanding that the nations and nation states that have historically contributed the least to climate change suffer the most from its impacts and have fewer opportunities to protect themselves or adapt to them is the first step in the process of understanding the importance of a just and inclusive transition for all. In an immense diversity of realities, this very notion is no different in the context of the European Union. This article seeks to show the need to find concrete tools, through the European Union’s protagonism, for an ecological transition with social justice.","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135951064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The rule of law is a foundational and fundamental value of the European Union, embodied by the complete and coherent system of legal remedies based on the fundamental right to effective judicial protection. In some Member States, the rule of law has been facing challenges and difficulties of varying degrees of severity, leading to what has been called a “rule of law backsliding” in those States. The urgency to tackle these challenges has led to the search for immediate solutions within the European Union’s tools and mechanisms, which has increased the focus given to the infringement procedure, a judicial procedure whose goal is to review the behaviours of Member States and find breaches of European Union law committed by them. The past uses of this judicial mechanism by the European Commission and the decisions of the Court of Justice of the European Union (“CJEU”) that followed have showed positive results and opened promising paths to follow in the fight to uphold the rule of law in the European Union
{"title":"What is the role of the infringement procedure in tackling rule of law backsliding in the EU?","authors":"Gonçalo Martins de Matos","doi":"10.21814/unio.8.2.4697","DOIUrl":"https://doi.org/10.21814/unio.8.2.4697","url":null,"abstract":"The rule of law is a foundational and fundamental value of the European Union, embodied by the complete and coherent system of legal remedies based on the fundamental right to effective judicial protection. In some Member States, the rule of law has been facing challenges and difficulties of varying degrees of severity, leading to what has been called a “rule of law backsliding” in those States. The urgency to tackle these challenges has led to the search for immediate solutions within the European Union’s tools and mechanisms, which has increased the focus given to the infringement procedure, a judicial procedure whose goal is to review the behaviours of Member States and find breaches of European Union law committed by them. The past uses of this judicial mechanism by the European Commission and the decisions of the Court of Justice of the European Union (“CJEU”) that followed have showed positive results and opened promising paths to follow in the fight to uphold the rule of law in the European Union","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135950914","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 1965-05-01DOI: 10.1097/00043764-196505000-00042
J. Gilman, H. Herchen
{"title":"THE EFFECT OF PHYSICAL FORM OF IMPLANT ON NICKEL SULPHIDE TUMOURIGENESIS IN THE RAT.","authors":"J. Gilman, H. Herchen","doi":"10.1097/00043764-196505000-00042","DOIUrl":"https://doi.org/10.1097/00043764-196505000-00042","url":null,"abstract":"","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"81 1","pages":"615-9"},"PeriodicalIF":0.0,"publicationDate":"1965-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"91230113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"EXPERIMENTAL CONTRIBUTION TO THE QUESTION OF EMOTIONAL STRESS REACTIONS ON THE GROWTH OF TUMORS IN ANIMALS.","authors":"T MATTHES","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"20 ","pages":"1608-10"},"PeriodicalIF":0.0,"publicationDate":"1964-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"23793677","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"NON-SPECIFIC RESISTIBILITY OF THE ORGANISM AND BLASTOMIC PROCESS.","authors":"N V LAZAREV","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"20 ","pages":"1611-2"},"PeriodicalIF":0.0,"publicationDate":"1964-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"23793678","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"SOME EFFECTS OF VASODILATOR AND VASOCONSTRICTOR DRUG UPON TUMOUR OXYGEN TENSION.","authors":"D B CATER","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"20 ","pages":"1641-4"},"PeriodicalIF":0.0,"publicationDate":"1964-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"23793689","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"[TUMOR GROWTH AND WOUND HEALING DISORDERS].","authors":"G KUHLGATZ","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":6966,"journal":{"name":"Acta - Unio Internationalis Contra Cancrum","volume":"20 ","pages":"1555-7"},"PeriodicalIF":0.0,"publicationDate":"1964-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"23793880","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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