Description
Book SynopsisThis 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.
Trade 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
Table of ContentsContents: 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
