The European Union: Federal Trends in Disability Rights

In D. Ferri, F. Palermo, G. Martinico, Federalism and the Rights of Persons with Disabilities. Oxford : Hart Publishing (2023) https://www.bloomsbury.com/uk/federalism-and-the-rights-of-persons-with-disabilities-97815099624

20 Pages Posted: 8 Mar 2024

See all articles by Delia Ferri

Delia Ferri

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law

Neza Subic

Independent

Date Written: July 16, 2023

Abstract

The implementation of the CRPD represents a unique challenge for the EU’s sui generis quasi-federal system. After introducing the EU’s federal elements such as supremacy, loyal cooperation, conferral, implied powers and direct effect, this Chapter discusses the EU regulatory role in relation to disability. It first lays out the division of competences set out in the Treaties, and, as the area of disability traverses different competences, it examines the complex relationship between the EU and its Member States in light of the EU’s Declaration of Competence annexed to the Council Decision on the conclusion of the CRPD. It goes on to discuss the ‘Europeanization’ of the concept of disability in non-discrimination law and beyond, the role of the EU in promoting equality, and the importance of Article 114 TFEU in enacting accessibility legislation. Further, the Chapter examines the extent to which the EU has used its supporting competences to enhance participation of persons with disabilities in society. It then looks at the implementation of Article 33 CRPD at the EU level, discussing the ostensible lack of coordination with Member States in that regard. On the whole, the Chapter argues that, with the view of implementing the CRPD, the EU has set an array of binding minimum standards that Member States need to comply with. The protection of disability rights at the EU level has determined the progressive erosion of Member States’ competences, accentuating symmetrical federal elements.

Keywords: EU Disability Law, Principle of Conferral, Concept of Disability, Non-discrimination, European Accessibility Act, Internal Market

Suggested Citation

Ferri, Delia and Subic, Neza, The European Union: Federal Trends in Disability Rights (July 16, 2023). In D. Ferri, F. Palermo, G. Martinico, Federalism and the Rights of Persons with Disabilities. Oxford : Hart Publishing (2023) https://www.bloomsbury.com/uk/federalism-and-the-rights-of-persons-with-disabilities-97815099624, Available at SSRN: https://ssrn.com/abstract=4697115

Delia Ferri (Contact Author)

National University of Ireland, Maynooth (NUI Maynooth) - Faculty of Law ( email )

Maynooth, County Kildare
Ireland

Neza Subic

Independent ( email )

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