Description
Book SynopsisThis thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.
Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis.
Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.
Trade Review‘This valuable book comes at a key time: as the EU and its member states wrestle with the mid to long-term social and economic impacts of the COVID-19 pandemic. The contributions engage effectively with the post-financial crisis EMU as a challenge for social rights enjoyment, while clearly locating that challenge in the historic marginalisation of social rights in EU governance. This volume will be of interest to anyone concerned about existing and potential mechanisms of social rights protection in the EU.’ -- Aoife Nolan, University of Nottingham, UK
Table of ContentsContents: Introduction to Social Rights and the European Monetary Union 1 Maribel González Pascual and Aida Torres Pérez PART I THE BUILDING BLOCKS OF SOCIAL RIGHTS’ PROTECTION IN THE EU 1 The dimensions of the principle of solidarity in the European Union 7 Karl-Peter Sommermann 2 Social rights protection in the EU: unlocking the social content of the EU Charter 25 Maribel González Pascual PART II THE EMU AS A CHALLENGE FOR SOCIAL RIGHTS 3 The emergence of the new over-riding objective of financial stability 51 Klaus Tuori and Fernando Losada 4 Social rights and the disintegration of (and through) law in the Economic and Monetary Union: taking stock and looking forward 71 Francesco Costamagna and Filippo Croci 5 Towards a meaningful integration of fundamental (social) rights in EMU governance 97 Paul Dermine 6 The human rights puzzle of the euro-crisis: why massive breaches of human rights but none of the EU Charter of Fundamental Rights? 121 Claire Kilpatrick PART III THE ROLE OF COURTS WITHIN THE EMU 7 The CJEU as guardian of social rights? The legacy of the European financial crisis 143 Anastasia Poulou 8 The justiciability of ‘social rights’: evidence from crisis-ridden Greece 162 Lina Papadopoulou and Nada Bodiroga-Vukobrat in memoriam 9 The uncertain structure of process-based proportionality review in the EU: looking back at the debate on the CJEU’s Weiss ruling and the German Federal Constitutional Court’s PSPP ruling 187 Oliver Gerstenberg 10 Adjudication of socioeconomic rights by the CJEU: towards a new form of judicial review? 205 Aida Torres Pérez Index
