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Law, Solidarity and the Limits of Social Europe
Constitutional Tensions for EU Integration
9781800885509 Edward Elgar Publishing
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com.
This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
More Information
Critical Acclaim
Contributors
Contents
More Information
This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.
Covering areas such as posting of workers, the right to collective bargaining, political rights and free movement for EU citizens, and asylum policy, chapters provide a cross-disciplinary and policy-oriented treatment of these subjects alongside focused legal analysis. Complementing traditional concepts and methodologies with newly emerged empirical elements, the book exposes the EU’s inherent tensions while also offering new perspectives on the ways in which EU constitutional principles, rooted in solidarity, could inform a future Social Europe.
Law, Solidarity and the Limits of Social Europe will be a stimulating read for scholars and students of EU law and social policy. It will also be of interest to legal practitioners, policy makers and civil society organisations working in fields related to Social Europe.
Covering areas such as posting of workers, the right to collective bargaining, political rights and free movement for EU citizens, and asylum policy, chapters provide a cross-disciplinary and policy-oriented treatment of these subjects alongside focused legal analysis. Complementing traditional concepts and methodologies with newly emerged empirical elements, the book exposes the EU’s inherent tensions while also offering new perspectives on the ways in which EU constitutional principles, rooted in solidarity, could inform a future Social Europe.
Law, Solidarity and the Limits of Social Europe will be a stimulating read for scholars and students of EU law and social policy. It will also be of interest to legal practitioners, policy makers and civil society organisations working in fields related to Social Europe.
Critical Acclaim
‘The book Law, Solidarity and the Limits of Social Europe discusses important and timely issues connected to EU social law, constitutional tensions, and solidarity. The book includes chapters interesting for the researchers, students, and practitioners dealing with EU labour and social law, constitutional law, and the values of the EU at a more theoretical level.’
– Annika Rosin Turku, Common Market Law Review
‘This excellent book offers an inspirational vision of Europe. It faces up to the broad range of challenges that now confront the project of European integration. By bringing together social science and law, it offers a critical analysis of how to construct a European social space that is both shared and fair. Dedicating the publication to the memory of the originator of the project, Reza Banakar, the editors have done an admirable job of turning initial ideas into a valuable publication.’
– Marina Kurkchiyan, University of Oxford, UK
– Annika Rosin Turku, Common Market Law Review
‘This excellent book offers an inspirational vision of Europe. It faces up to the broad range of challenges that now confront the project of European integration. By bringing together social science and law, it offers a critical analysis of how to construct a European social space that is both shared and fair. Dedicating the publication to the memory of the originator of the project, Reza Banakar, the editors have done an admirable job of turning initial ideas into a valuable publication.’
– Marina Kurkchiyan, University of Oxford, UK
Contributors
Contributors: Joxerramon Bengoetexea, Filip Dorssemont, Sacha Garben, Ann-Christine Hartzén, Andrea Iossa, Caroline Johansson, Eleni Karageorgiou, Antonios Kouroutakis, Antonio Lo Faro, Tonia Novitz, Pieter Pecinovsky, Fotis Vergis
Contents
Contents:
Foreword by Jörgen Hettne x
Acknowledgements xiii
Introduction to Law, Solidarity and the Limits of Social Europe xiv
Ann-Christine Hartzén, Andrea Iossa and Eleni Karageorgiou
PART I SOCIAL RIGHTS, LABOUR LAW AND
COLLECTIVE BARGAINING
1 Addressing ‘social dumping’ and ‘unfair competition’ – an
analysis of EU pillar initiatives from a sustainability perspective 2
Tonia Novitz
2 Posting from a letterbox: transnational mobility of
workers, social dumping and the economic fundamental
freedoms’ veil 22
Antonio Lo Faro
3 Some observations on the EPSU case: a bad judgment for
democracy and subsidiarity, alias a textbook example of
not promoting the European Social Dialogue 43
Filip Dorssemont
4 EU economic governance: a tool to promote or threaten
social rights? The example of the right to collective bargaining 62
Pieter Pecinovsky
5 The Swedish model of labour market regulation and the
EU: is there room for national characteristics in today’s
constitutional framework? 82
Caroline Johansson
PART II MOBILITY, BREXIT AND THE QUESTION
OF SOLIDARITY
6 Strong economic rights, weak political rights in the EU:
a constitutional cacophony 104
Antonios Kouroutakis
7 The solidarity constitution in the EU: refugees and asylum
as litmus test 117
Joxerramon Bengoetxea
8 European dys-integration, popular disillusionment and
Brexit: could ‘substantive constitutionalisation’ help win
back minds and hearts? 136
Fotis Vergis
9 Dignity- and reciprocity-based solidarity as the normative
framework of the EU’s constitutional settlement 158
Sacha Garben
Select bibliography 182
Index
Foreword by Jörgen Hettne x
Acknowledgements xiii
Introduction to Law, Solidarity and the Limits of Social Europe xiv
Ann-Christine Hartzén, Andrea Iossa and Eleni Karageorgiou
PART I SOCIAL RIGHTS, LABOUR LAW AND
COLLECTIVE BARGAINING
1 Addressing ‘social dumping’ and ‘unfair competition’ – an
analysis of EU pillar initiatives from a sustainability perspective 2
Tonia Novitz
2 Posting from a letterbox: transnational mobility of
workers, social dumping and the economic fundamental
freedoms’ veil 22
Antonio Lo Faro
3 Some observations on the EPSU case: a bad judgment for
democracy and subsidiarity, alias a textbook example of
not promoting the European Social Dialogue 43
Filip Dorssemont
4 EU economic governance: a tool to promote or threaten
social rights? The example of the right to collective bargaining 62
Pieter Pecinovsky
5 The Swedish model of labour market regulation and the
EU: is there room for national characteristics in today’s
constitutional framework? 82
Caroline Johansson
PART II MOBILITY, BREXIT AND THE QUESTION
OF SOLIDARITY
6 Strong economic rights, weak political rights in the EU:
a constitutional cacophony 104
Antonios Kouroutakis
7 The solidarity constitution in the EU: refugees and asylum
as litmus test 117
Joxerramon Bengoetxea
8 European dys-integration, popular disillusionment and
Brexit: could ‘substantive constitutionalisation’ help win
back minds and hearts? 136
Fotis Vergis
9 Dignity- and reciprocity-based solidarity as the normative
framework of the EU’s constitutional settlement 158
Sacha Garben
Select bibliography 182
Index
