European Union Policy Case Studies - Paper Example

Part A: Brigittas case

Across the European Union in the last ten years, attempts have been made towards the improvement of accessibility to mainstream transport for the disabled and those who may be "mobility impaired" for different reasons. As such, the voluntary design coupled with service codes have been established and been useful in ensuring support for radical changes in the transport industry. Of utmost importance has been the demonstration projects availed to provide facts on the advantages of accessible transport. As such, the projects have been handling the disabled and equally individuals mobility impaired." Nonetheless, the prospect of concrete laws have not been evidenced by the breaking down of barriers, which prevent disabled and mobility impaired individuals such as late pregnant women with amenities to enable access to public transport.

Brigitta has to maintain awareness that there may be laws that are geared towards handling her issue across the EU. Through the evaluation of the member State regulations, the prospect of direct adoption of the directive is subject to interpretation for each member. Disabled or wheelchair-bound individuals differ in the description. Therefore, from the evaluation of Brigittas case, there are two fundamental aspects to examine regarding the European Union. First and foremost, it is fundamental to examine the level to which European legislation requires all the member States to adopt the directive. Secondly, it is advisable to investigate the level at which Brigitta can challenge failure by the State to ensure public transport amenities are provided to her at her health state.

Developments in Regulations for those with Special Needs, disabilities or mobility issues

Many of the European countries have been adopting an approach towards the improvement towards access to transport for many individuals. As an outright objective, the focus of the European nations has been towards ensuring a comprehensive legislation is set forth. At the national level, Brigitta should be aware of two fundamental actions that could be of assistance. European Conference of Ministers of Transport (2000) was geared towards an examination of the progress in the country's legislation towards the improvement of accessibility to transport by individuals with special needs. As such, the division of the laws was into two main aspects, general rules on the civil rights and the non-discrimination or specific regulations handling the access to public transport. As per the two categories, there was a wide disparity in the level of steps taken in the diverse nations. In some, adoption of the proactive policy was evident, which was in support of the mobility-impaired individuals while in others, only a few steps had been taken. The second report on the evaluation of mobility impaired, in which Brigitta can be included, is the Council of Europe (2003) that is a broad focus coverage of all the legislation that are associated with disabled people. As per the principles and guidelines of non-discrimination, the establishment of various regulations was clear in many nations as member states of Europe. Accordingly, actions such as withholding access to certain amenities by withholding an operating license, legal action would be brought forth to the individual. Germany as a member nation had established the DIN norms, accessibility rules. Under the accessibility rules in Germany, the coverage was on individuals with mobility impairment with a specified focus on Metro train. Under the accessibility rules, the focus was twofold. Increasing passenger numbers and ensuring that equality prevails in the access to public transport for disabled and mobility impaired person. Therefore, apart from the provision of boarding equipment for those in need of a wheelchair, the commitment was a two-fold tactic:

Removal of all obstacles to training transport to all the citizens of the society

Embark on comprehensive marketing plans geared towards promotion of train transport as inclusive and focused towards ensuring that every person in the public can consider and appreciate rail transport

The member States significantly recognized the guidelines set forth by Germany as per the report. As such, the development of increasing demand in the rail transport was achievable through progressive eradication of obstacles to travel impacting on disabled and mobility impaired individuals, both usually and in emergency situations. Despite the fundamental concepts of the standards in the promotion of public transport, effective and efficient enforcement approaches had to be established. While the mechanisms can be straightforward in some rule, it can be complicated coupled with time-consuming in the civil rights analysis. Structural changes ought to be adopted with a focus on promoting the staff in metro stations to offer the best care for individuals with special needs or disabilities.

EU Legislation

There are shortcomings in the European Accessibility Act in the emphasis towards mandating the member States to adopt initiatives towards prohibition against discrimination of the disabled. As such, member states approach to set up laws to dissuade discrimination against the disabled or people with special needs regarding transport has been lagging behind. Nonetheless, regarding employment, European Accessibility Act (EAA) has been comprehensive towards addressing the discrimination prevalent in access to work based on race, gender, health condition or disability.

Nonetheless, despite the apparent lack of holistic legislation calling for states to eliminate public transport discrimination, there prevail various narrow provisions. Pundits emphasize that the narrow clauses address specific forms of transport. As a prominent example, the Bus and Coach Directive (2000) makes it mandatory for urban buses to conform to several accessibility standards. As an example, the buses ought to have ramps or a lift. As well, the coaches ought to possess a kneeling system coupled with wheelchair designated spaces. Of somewhat significance to Brigitta is the establishment of designated seats for people with reduced mobility. The railway transport has been lagging behind. Nonetheless, the High-Speed Trains Directive (1996) has been undergoing significant amendments that are inclusive of similar requirements as per the buses. Significantly, there have been ongoing debates on the need for the railway companies to adopt an avenue where there is a voluntary charter on service quality. The charter would include the evaluation of issues relevant to special needs people and those with mobility impairment. From an EU perspective, Brigitta ought to comprehend that the different patchwork of regulations or directives do not make it mandatory for the Member States to adopt transparent, holistic, and non-discrimination approaches. However, the aim is towards addressing the issues of either both design and construction.

Significantly, recent advocacy efforts have been effective towards the transformation of the rail transport sector. Through Article 5 (2) (a), a comprehensive description of requirements for the member nations was set forth. As per the article, it was dictated vividly that all types of public transport should be accessible to individuals with mobility impairment or special needs. Accordingly, all new or old transport facilities should be refitted with vehicles or facilities to achieve accessibility. The issue of design coupled with construction would be handled as per the directive that was open to further amendments in future. All forms of transport as per the article cover numerous individuals such as the elderly who may require transport assistance. A further important document whose recommendations have been adopted by many nations such as Germany is the White Paper European Transport Policy for 2010: Time to Decide. As per the document, the establishment of directives towards dismantling numerous disabling barriers to transport among individuals with impairment is in place. To some, it is a step forward towards the adoption of an all-inclusive transport sector while to others; there is a need for reassessment of the regulations to address the incomplete or patchy aspects of public transport.

An additional defense that Brigitta can adopt is the emphasis on the European Convention on Human Rights (ECHR). Deviating from the absence of any domestic anti-discrimination law, individuals with special needs and mobility impairment facing inaccessible transport systems can challenge the prospect of discomfort or seclusion. Accordingly, the rights under ECHR stipulate that public transport for disabled or those with mobility impairment in which humiliation or undignified conditions prevail constitute a breach of Article 3. According to the Article, three individuals have the right not to be exposed to inhuman or degrading treatment that Brigitta had to endure while trying to access the railway transport.

Lastly, with Brigitta not labeled as disabled but mobility impaired due to the progress of her pregnancy, the European Social Charter (ESC) may be a necessary remedy. According to article 15 of the amended ESC, individuals with special needs have to right to independence and social integration coupled with interaction in the life of the society. As per article 15 (3), the prevalent signatories have to undertake various measures towards promotion of complete social integration coupled with participation in the community. As such, provision of technical aids should prevail towards overcoming various barriers such as communication and transport. All in all, from the above evaluation, it is evident that there are various Directives and Conventional Rights that Brigitta may be able to use as per the European Law. Accordingly, the prospect that Germany Adopted the directive 2010/99 entails that the nation will be mandated as per the European law to conform to the set standards. Using various transport directives, Brigitta can argue her case in the national courts.

Part B: Janet and Rafael Case

Janet exudes a special case from the evaluation of the case detail. Accordingly, Janet presents an individual who wanted to undertake a bar job, which is in line with her hospitality and tourism course that she would take. Based on the notion that she is Sweedish and is a member of the EU, it is imperative to examine the various aspects of European Union Policy to enhance learning mobility across the region. Janet can argue based on the established Erasmus program on learning mobility. As per diverse pundits, it is imperative to comprehend that EU has established a commission that is geared towards the promotion of EUs Lifelong Learning Programme. Accordingly, through the programme, there has been support for students, academic exchange and the emphasis on knowledge transfer among institutions. As such, the Commission maintains partnerships actively towards the implementation of the adopted bologna process coupled with conformity among the EU nations towards the creation of a European Higher Education Area. Thus, as per the fundamental aspects of the European Union towards the promotion of mobility in the learning process, there prevail various court rulings that have led to an enabling avenue for one to argue.

According to several researchers, the primary role of the Member States is towards the generation of an effective and streamlined environment for the empowerment process. However, EU authority does not entail the authority enacting different influential legislation on education. Accordingly, the rules are holistically based on the Treaty Provisions, which are defined by the court ruling. Therefore, inherent freedom of the students ought to be developed and widened progressively over a given period. Since the evident process is...