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引用次数: 0
摘要
本文对欧盟共同农业政策(CAP)最新改革中引入的 "社会条件 "机制进行了理论法律分析。在此分析的基础上,文章进而评估了社会条件机制改善欧盟农业工人条件的可能性,从而实现欧盟立法者为其设定的目标。文章的结论是,由于其法律架构存在诸多问题,包括范围有限、缺乏对农民的新要求,以及其执行机制的劝阻作用相当有限,社会附加条件不太可能改善欧盟农业工人的条件。因此,最终建议将社会附加条件视为 CAP 中 "再清洗 "的一个例子,而不是应对欧盟农业工人所面临挑战的适当法律对策。
Social conditionality: An adequate legal response to challenges faced by agricultural workers in the EU, or an example of redwashing within the Common Agricultural Policy?
This article provides a doctrinal legal analysis of the ‘social conditionality’ mechanism introduced in the latest reform of the EU's Common Agricultural Policy (CAP). Building on that analysis, the article proceeds to assess the likelihood of social conditionality improving the conditions of agricultural workers in the EU, thereby achieving the objectives set out for it by the EU legislator. The article concludes that due to numerous issues regarding its legal architecture, including limitations in its scope, the absence of novel requirements imposed on farmers, and the rather limited dissuasive effect of its enforcement mechanism, social conditionality is unlikely to improve the conditions for agricultural workers in the EU. Therefore, it is ultimately proposed that social conditionality might more appropriately be considered as an example of ‘redwashing’ within the CAP rather than an adequate legal response to the challenges faced by agricultural workers in the EU.