Women's Rights in the Aftermath of Egypt's Revolution. Arab Citizenship Review No. 9, 26 August 2015 [also EUSpring Working Paper No. 5]

Addressing the issue of “women’s rights” in Egypt may seem like an easy topic from a purely legal standpoint, but the most enlightening way to do so is to adopt a holistic approach by understanding the political, social, cultural and class effects of this issue. Since 1952, people in Egypt have looked at “women’s rights” as a purely state matter, one characterised mainly by legal reforms. Until 2011, women’s rights were manipulated via a top-down approach by making changes in some policies and laws. Since 2011, with the emergence of the question of social movements, tackling women’s rights has been transformed via the use of certain tools and different perspectives. This is clearly manifested in the vast mobilisation that took place in governorates outside Cairo, which featured the use of artistic tools such as graffiti, story-telling performances, the production of feminist songs, open-microphone sessions, etc., in addition to the extensive use of social media and online campaigning to mainstream feminist ideologies and highlight violations experienced by women. Before 2011, the public space in Egypt was limited to citizens, political groups and civil society for employing legal approaches such as litigations and policy changes by direct pressure on authorities. The 2011 revolution opened the public space to the use of new tools that are not limited to protests and sit-ins, but also new media windows and new political forces who carried the question of certain rights in their agendas as well as the accessibility of different governmental actors. This paper will highlight different topics around women’s rights and gender issues in Egypt after 2011. This paper will review different gender issues after 2011, including the targeting of women in public spaces, women’s representation in decision-making bodies, legal reform, economic and social rights, and sexual and reproductive rights. It will also investigate how the feminist movement has changed and evolved since 2011, and to what degree women's issues and feminism can be analysed in a multidisciplinary way.

The Court of Justice of the European Union as a fundamental rights tribunal: challenges for the effective delivery of fundamental rights in the area of freedom, security and justice. CEPS Paper in Liberty and Security in Europe No. 49, 29 August 2012

This paper reflects on the challenges facing the effective implementation of the new EU fundamental rights architecture that emerged from the Lisbon Treaty. Particular attention is paid to the role of the Court of Justice of the European Union (CJEU) and its ability to function as a ‘fundamental rights tribunal’. The paper first analyses the praxis of the European Court of Human Rights in Strasbourg and its long-standing experience in overseeing the practical implementation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. Against this analysis, it then examines the readiness of the CJEU to live up to its consolidated and strengthened mandate on fundamental rights as one of the prime guarantors of the effective implementation of the EU Charter of Fundamental Rights. We specifically review the role of ‘third-party interventions’ by non-governmental organisations, international and regional human rights actors as well as ‘interim relief measures’ when ensuring effective judicial protection of vulnerable individuals in cases of alleged violations of fundamental human rights. To flesh out our arguments, we rely on examples within the scope of the relatively new and complex domain of EU legislation, the Area of Freedom, Security and Justice (AFSJ), and its immigration, external border and asylum policies. In view of the fundamental rights-sensitive nature of these domains, which often encounter shifts of accountability and responsibility in their practical application, and the Lisbon Treaty’s expansion of the jurisdiction of the CJEU to interpret and review EU AFSJ legislation, this area can be seen as an excellent test case for the analyses at hand. The final section puts forth a set of policy suggestions that can assist the CJEU in the process of adjusting itself to the new fundamental rights context in a post-Lisbon Treaty setting.

Fundamental rights in the EU: three years after Lisbon, the Luxembourg perspective. Research Paper in Law (Cooperative Research Paper) 02/2013

For more than 10 years after the signature of the Treaty of Rome in 1957, the question of the protection of human rights had never been in issue. The emphasis was on the creation and consolidation of the common market establishing the free movement of persons, of services, of goods and of capital. Neither the initial Treaties nor the jurisprudence of the Court made any reference to the protection of human rights in the process of the creation of the common market. It all started in 1969 in the Stauder case with this very short sentence: “Interpreted in this way the provision at issue contains nothing capable of prejudicing the fundamental human rights enshrined in the general principles of Community law and protected by the Court”. Forty years later, with the adoption of the Treaty of Lisbon, which came into force on 1 December 2009, fundamental rights are part of primary law. The achievement has been remarkable if we consider the very beginning of the process. It is not an exaggeration to say that the Court with its jurisprudence has been the driving force and the source of inspiration for this achievement.

Cittadinanza, lavoro e diritti sociali nella crisi europea = Citizenship, work and social rights in the European crisis. WP C.S.D.L.E. “Massimo D’Antona”.INT – 100/2013

This paper explores the limits and potentials of European citizenship as a transnational form of social integration, taking as comparison Marshall's classical analysis of the historical development of social rights in the context of the national Welfare State. It is submitted that this potential is currently frustrated by the prevailing negative-integration dimension in which the interplay between Union citizenship and national systems of Welfare State takes place. This negative dimension pervades the entire case law of the Court of Justice on Union citizenship, even becoming dominant – after the famous Viking and Laval judgements – in the ways in which the judges in Luxembourg have built, and limited, what in Marshall’s terms might be called the European collective dimension of “industrial citizenship”. The new architecture of the economic and monetary governance of the Union, based as it is on an unprecedented effort towards a creeping constitutionalisation of a neo-liberal politics of austerity and welfare retrenchment, is destined to strengthen the de-structuring pressures on the industrial-relation and social protection systems of the member States. The conclusions sum-up the main critical arguments and make some suggestions for an alternative path for re-politicising the social question in Europe.