Advancing Disability Rights in the EU
A blueprint in the social agenda of the Spanish presidency
Abstract
The 2023 Spanish Presidency of the Council of the European Union marks the fifth time Spain has taken on this presidency since joining the former European Community (EC) in 1986. This presidential term arrives at a key juncture for the European Union (EU) as it falls in the final stretch of the EU institutional cycle before the European Parliament elections, scheduled in May 2024, which will see the appointment of a new Commission. In such a critical period, Spain is challenged with completing negotiations on strategic issues related to the digital and green transitions and a broad social agenda. Notably, at the beginning, Spain announced that “promoting greater social and economic justice” was one of the four thematic areas characterising its aspirations for its presidency. This area is quite wide-ranging, but includes specific actions related to the protection of vulnerable groups, including people with disabilities, and places strong emphasis on the advancement of the European Disability Card (EDC) as a vital instrument to enhance free movement of people with disabilities in the EU. Against this background, this article discusses the role of the Spanish Presidency in advancing disability rights within the remit of its social agenda. It focuses on the EDC as testbed for the Presidency. In fact, the Spanish support and vision will be key to bringing this forward and preparing the ground for adoption of the EDC directive, before “passing the baton” to the forthcoming Belgian Presidency.
Downloads
References
ANGHEL, V. and JONES, E., “Is Europe Really Forged Through Crisis? Pandemic EU and the Russia - Ukraine War” Journal of European Public Policy 30(4) (2023) pp. 766-786
BLAUBERGER, M. and SCHMIDT, S.K., “Welfare migration? Free movement of EU citizens and access to social benefits” Research & Politics 1(3) (2014)
BRODERICK, A. and FERRI, D., International and European Disability Law and Policy. Text, Cases and Materials, Cambridge University Press, Cambridge, 2019
CASTILLO-ORTIZ, P., “Constitutionalism and the Radical Right: The Case of the Spanish Party Vox” International Journal of Constitutional Law 20(2) (2022) pp. 733-757
COMMISSION OF THE EUROPEAN COMMUNITIES, Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions – Medium Term Social Action Programme 1995 – 1997 COM(95) 134 final
COUNCIL OF THE EUROPEAN UNION, Taking forward the Strategic Agenda 18-month Programme of the Council (1 July 2023 - 31 December 2024), 10597/23, 20 June 2023 available at https://data.consilium.europa.eu/doc/document/ST-10597-2023-INIT/en/pdf
DE JONGE, L, and HEINZE, A-S., “How to Respond to the Far Right” (VerfBlog, 14 August 2023) available at https://verfassungsblog.de/how-to-respond-to-the-far-right
DE LA FUENTE, A., “The economic consequences of Covid in Spain and how to deal with them” Applied Economic Analysis 29(85) (2021) pp. 90-104
DIRECTORATE-GENERAL FOR EMPLOYMENT, SOCIAL AFFAIRS AND INCLUSION (DG EMPL) (EUROPEAN COMMISSION), ERNST AND YOUNG, IRVAPP, “Study assessing the implementation of the pilot action on the EU Disability Card and associated benefits Final Report” Publications Office of the European Union, Luxembourg, 2021
EUROPEAN BLIND UNION (EBU), “The European Disability Card - A Wider Perspective from the European Disability Forum (EDF)” available at https://www.euroblind.org/newsletter/2022/june/en/european-disability-card-wider-perspective-european-disability-forum-edf-0
EUROPEAN COMMISSION, “AccessibleEU” available at https://accessible-eu-centre.ec.europa.eu/index_en
EUROPEAN COMMISSION, “Call for proposals to support national projects on a mutually recognised European Disability Card and associated benefits” VP/2015/012 (2015) available at https://ec.europa.eu/social/main.jsp?catId=629&langId=en&callId=456
EUROPEAN COMMISSION, Proposal for a Council Directive on Business in Europe: Framework for Income Taxation (BEFIT) COM(2023) 532 final
EUROPEAN COMMISSION, Proposal for a Council Directive on implementing the principle of equal treatment between persons irrespective of religion or belief, disability, age or sexual orientation COM (2008) 426 final
EUROPEAN COMMISSION, Proposal for a Directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities COM(2023) 512 final
EUROPEAN COMMISSION, “Taxation: new proposals to simplify tax rules and reduce compliance costs for cross-border businesses” (Press Release, 12 September 2023) available at https://ec.europa.eu/commission/presscorner/detail/en/ip_23_4405
EUROPEAN COMMISSION, “The European Pillar of Social Rights Action Plan” available at https://op.europa.eu/webpub/empl/european-pillar-of-social-rights/en/
EUROPEAN COMMISSION, Union of Equality: Strategy for the Rights of Persons with Disabilities 2021 – 2030 COM(2021) 101 final
European Disability Forum, “European Parliament event: A Disability Card recognised in all EU.” (Andre Felix, 5 December 2022) available at https://www.edf-feph.org/european-parliament-event-a-disability-card-recognised-in-all-eu/
EUROPEAN DISABILITY FORUM, “Recommendations for strengthening the EU Parking Card European Disability Forum Position Paper” (European Disability Forum Position Paper, February 2021) available at https://www.edf-feph.org/publications/edf-recommendations-for-strengthening-the-eu-parking-card-2020/
EUROPEAN DISABILITY FORUM, “Spanish Presidency of the Council – new focus on disability rights” (20 July 2023) available at https://www.edf-feph.org/spanish-presidency-of-the-council-new-focus-on-disability-rights/
EUROPEAN ECONOMIC AND SOCIAL COMMITTEE (EESC), “The European Disability Card” (Rapporteur: Ioannis Vardakastanis, 27 April 2023) available at https://www.eesc.europa.eu/en/our-work/opinions-information-reports/opinions/european-disability-card
EUROPEAN PARLIAMENT, “Draft Report on the proposal for a directive of the European Parliament and of the Council establishing the European Disability Card and the European Parking Card for persons with disabilities (COM(2023)0512 – C9-0328/2023 – 2023/0311(COD))” (Committee on Employment and Social Affairs, Rapporteur: Lucia Ďuriš Nicholsonová, 31 October 2023) available at https://www.europarl.europa.eu/doceo/document/EMPL-PR-754831_EN.pdf
EUROPEAN PARLIAMENT, “Hungary: MEPs denounce deliberate and systematic efforts to undermine EU values” (Press Release, 1 June 2023) available at https://www.europarl.europa.eu/news/en/press-room/20230524IPR91910/hungary-meps-denounce-deliberate-and-systematic-efforts-to-undermine-eu-values
EUROPEAN SOCIAL NETWORK, “Social Services Leading Care in the Community. 9 October – 10 October 2023 Barcelona, Spain” available at https://www.esn-eu.org/events/social-services-leading-care-community
FERRI, D. and CORTESE, F., “Introduction” in FERRI, D. and CORTESE, F. (eds), The EU Social Market Economy and the Law. Theoretical Perspectives and Practical Challenges for the EU, Routledge, London-New York, 2018
FERRI, D., “Op-Ed: The Road to towards a ‘European Disability Card’” (EULawLive, 28 July 2023) available at https://eulawlive.com/op-ed-the-road-towards-a-european-disability-card-by-delia-ferri/
FERRI, D., “The Commission’s Proposal for a Directive Establishing a European Disability Card: Is the Glass Half Empty or Half Full?” (EU Law Live, 3 November 2023) available at https://eulawlive.com/weekend-edition/weekend-edition-no161/
FERRI, D., “Analysis of the European Disability Card The Proposed Directive: Shortcomings, Strengths and Opportunities” European Parliament, Policy Department for Economic, Scientific and Quality of Life Policies, November 2023 available at https://www.europarl.europa.eu/thinktank/en/document/IPOL_STU(2023)754192
FOSSUM, J.E., “In what Sense does Right-Wing Populism Pose a Democratic Challenge for the European Union?” Social & Legal Studies 32(6) (2023) pp. 930-952
HERLIN-KARNELL, E., “The Swedish Change of Government: Will Swedish Courts Start Asking the EU Court of Justice More Often?” (VerfBlog, 1 November 2022) available at https://verfassungsblog.de/the-swedish-change-of-government/
HOMEL, L. and JOURDAIN, M., “Five Things to Expect from Spain’s EU Presidency” (Atlantic Council, 17 July 2023) available at https://www.atlanticcouncil.org/blogs/new-atlanticist/five-things-to-expect-from-spains-eu-presidency/
HOUSES OF THE OIREACHTAS, “Priorities of the Spanish EU Presidency: Discussion with Spanish Ambassador” (Joint Committee on European Union Affairs debate, Wednesday, 5 July 2023) available at https://www.oireachtas.ie/en/debates/debate/joint_committee_on_european_union_affairs/2023-07-05/2/
HÄGE, F.M., “The scheduling power of the EU Council Presidency” Journal of European Public Policy 24(5) (2017) pp. 695-713
IRISH TAX INSTITUTE, “Business in Europe: Framework for Income Taxation (BEFIT)” available at https://taxinstitute.ie/tax-insight/international-tax-policy/european-commission/business-in-europe-framework-for-income-taxation-befit/
JAKAB, A., “Three misconceptions about the EU rule of law crisis” (VerfBlog, 17 October 2022) available at https://verfassungsblog.de/misconceptions-rol/
KAYESS, R. and FRENCH, P., “Out of Darkness into Light? Introducing the Convention on the Rights of Persons with Disabilities” Human Rights Law Review 8(1) (2008) pp. 1-34
LA MONCLOA, “Pedro Sánchez reiterates Europe’s support for Ukraine’s territorial integrity in the UN Security Council” (President’s News, 20 September 2023) available at https://www.lamoncloa.gob.es/lang/en/presidente/news/Paginas/2023/20230920_un-security-council.aspx
NADKARNI, I. and HUCKSTEP, L., “EU: Our Guide to the Spanish Presidency of the Council” (Instinctif Partners, 27 June 2023) available at https://instinctif.com/articles/eu-our-guide-to-the-spanish-presidency-of-the-council/
OCVIRK, M., “Spain’s EU Presidency: The Agenda to Bring “Europe, Closer”” (Wilson Centre, 18 July 2023) available at https://www.wilsoncenter.org/article/spains-eu-presidency-agenda-bring-europe-closer
OXFAM INTERNATIONAL, “EU leaves big loopholes open for tax dodging companies in new tax reform” (Press Release, 12 September 2023) available at https://www.oxfam.org/en/press-releases/eu-commission-leaves-big-loopholes-open-tax-dodging-companies-new-tax-reform
PRIESTLEY, M., “Disability assessment, mutual recognition and the EU Disability Card - Progress and opportunities” PE 739.397 (European Parliament, Committee on Petitions, 28 November 2022)
ROEDERER-RYNNING, C. and GREENWOOD, J., “The Culture of Trilogues” Journal of European Public Policy 22(8) (2015) pp. 1148-1165
SPANISH PRESIDENCY COUNCIL OF THE EUROPEAN UNION, “High Level Meeting on the Rights of Persons with Disabilities” (Meeting of experts/ officials, 16 November 2023) available at https://spanish-presidency.consilium.europa.eu/en/events/high-level-meeting-on-the-rights-of-people-with-disabilities/
SPANISH PRESIDENCY COUNCIL OF THE EUROPEAN UNION, “Priorities” available at https://spanish-presidency.consilium.europa.eu/en/programme/priorities/
SPANISH PRESIDENCY COUNCIL OF THE EUROPEAN UNION, “Programme Spanish presidency of the Council of the European Union Second Half of 2023 Europe, closer” available at https://spanish-presidency.consilium.europa.eu/media/e4ujaagg/the-spanish-presidency-programme.pdf
SPANISH PRESIDENCY COUNCIL OF THE EUROPEAN UNION, “Social Protection Committee meeting” (Meeting of experts/ officials, 26 September 2023) available at https://spanish-presidency.consilium.europa.eu/en/events/social-protection-committee-meeting
STEINBERG, F. and ARNAL, J., “What to Expect from the Spanish Presidency of the Council of the European Union” (Centre for Strategic & International Studies, 27 June 2023) https://www.csis.org/analysis/what-expect-spanish-presidency-council-european-union
TOMKIN, J., “Article 57 TFEU” in KELLERBAUER, M., KLAMERT, M. and TOMKIN, J. (eds), The EU Treaties and the Charter of Fundamental Rights: A Commentary, Oxford University Press, Oxford, 2019
UITZ, R., “The Rule of Law in the EU: Crisis, Differentiation, Conditionality” European Papers 7(2) (2022) pp. 929-948
URSO, G., FAGGIAN, A. and PALMA, A., “Discontent in the ‘peripheries’: an investigation of the rise of populism in Italy” Territory, Politics, Governance 11(5) (2023) pp. 833-854
VAN DER MEI, A.P., “Freedom of movement for persons with disabilities and coordination of social security within the EU” in FERRI, D. and BRODERICK, A. (eds), Research Handbook on EU Disability Law, Edward Elgar, Cheltenham, 2020
VERSCHUEREN, H., “Preventing “benefit tourism” in the EU: A narrow or broad interpretation of the possibilities offered by the ECJ in Dano?” Common Market Law Review 52(2) (2015) pp. 363-390
VON PAPP, K., ““Benefit-Tourism” post- Brexit: Tackling the Ghost by More EU Social Engagement” Northern Ireland Legal Quarterly 69 (2018)
WADDINGTON, L., “Future prospects for EU equality law: lessons to be learnt from the proposed Equal Treatment Directive” European Law Review 36(2) (2011) pp. 163-184
WADDINGTON, L., “The potential for, and barriers to, the exercise of Active EU Citizenship by persons with disabilities: the right to free movement” in HALVORSEN, R. ET AL. (eds), The Changing Disability Policy System. Active Citizenship and Disability in Europe Volume 1, Routledge - Routledge Advances in Disability Studies, Abingdon, 2017
WADDINGTON, L. and VAN DER MEI, A.P., “Free Movement of Disabled People in the European Union: An examination of relevant Community provisions and a discussion of the barriers to free movement” European Disability Forum, Brussels, 1999
XENEDIS, R., “Shaking the normative foundations of EU equality law: Evolution and hierarchy between market integration and human rights rationales” EUI Working Papers 4/2017 available at https://cadmus.eui.eu/bitstream/handle/1814/45489/LAW_2017_04.pdf
Copyright (c) 2023 Annals of Law
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
The journal is object of publication in electronic and printed form. With the object of the first one, the author is supposed aware, being presumed that he lends his consent to such form of publication by the circumstance of presenting his manuscript. At the time of the printed edition the author will receive, of free form, 25 offprints of his contribution.