European Economic and Social Constitutionalism after the Treaty of Lisbon

Author: Dagmar Schiek
Publisher: Cambridge University Press
ISBN: 1139499343
Format: PDF, Docs
Download Now
European studies frequently regard the economic and social dimensions of EU integration as diametrically opposed, maintaining that this state of affairs is beyond change. This edited collection challenges this perceived wisdom, focusing on the post-Lisbon constitutional landscape. Taking the multi-layered polity that is Europe today as its central organising theme, it examines how the social and the economic might be reconciled under the Union's different forms of governance. The collection has a clear structure, opening with a theoretical appraisal of its theme, before considering three specific policy fields: migration policy and civic integration, company law and corporate social responsibility and the role of third sector providers in public healthcare. It concludes with three case studies in these fields, illustrating how the argument can be practically applied. Insightful and topical, with a unique interdisciplinary perspective, this is an important contribution to European Union law after the Lisbon Treaty.

The EU Economic and Social Model in the Global Crisis

Author: Dagmar Schiek
Publisher: Routledge
ISBN: 1317033434
Format: PDF, ePub, Mobi
Download Now
This book addresses the viability of the EU economic and social model within and after the global economic crisis. It identifies four key issues which warrant further discussion: (1) the asymmetry of the legal and policy framework of the euro and potential recalibration; (2) substantive tensions between the EU ’economic constitution’ and its normative aim of social justice and impacts on national policy; (3) the role of civil society, including the two sides of industry in overcoming these tensions; and (4) the EU’s global aspirations towards the creation of a viable socio-economic model. Its chapters offer two perspectives on each of the four main issues. In drawing these debates together, the book provides a broad understanding as well as starting points for future research. Bringing together different disciplinary approaches, ranging from legal studies to political economy, sociology and macroeconomics, it is a valuable contribution to the debate on the European social model and introduces new insights by focusing on legal and political tensions, the impact of the financial crisis and other economic contexts as well as global dimensions.

Elder Law

Author: Ann Numhauser-Henning
Publisher: Edward Elgar Publishing
ISBN: 1785369091
Format: PDF, Mobi
Download Now
The ageing population poses a huge challenge to law and society, carrying important structural and institutional implications. This book portrays elder law as an emerging research discipline in the European setting in terms of both conceptual and theoretical perspectives as well as elements of the law.

Economic and Social Integration

Author: Dagmar Schiek
Publisher: Edward Elgar Publishing
ISBN: 1781005176
Format: PDF, Docs
Download Now
'Dagmar Schiek has written a timely and vital book. Following financial and sovereign debt crises, the European Union is in crisis. As responses to crisis – for example fiscal union – appear to be couched in wholly technocratic terms, a European public is entitled to ask whether the European Union has any respect for established national traditions of social constitutionalism and social welfare. Dagmar Schiek addresses these questions, both in a historical and contemporary context of social constitutionalism, arguing forcefully for the need to establish social legitimacy within Europe. I recommend this book to all researchers and students of European Union.' – Michelle Everson, Birkbeck College, University of London, UK 'Is there a "European social space"? What is the place of "social integration" alongside "economic integration" in the EU? Has a "socially embedded constitutionalism" been developed in parallel with the internal market case law of the CJEU? Dagmar Schiek in her comprehensive and interdisciplinary study gives refreshing new answers under the recent Lisbon Treaty.' – Norbert Reich, Universität Bremen, Germany 'At a time of crisis and therefore a crucial juncture in European politics, Dagmar Schiek offers us an inspiring vision of the potential of the European Union. In her brilliant study, she exposes the obstacles that economic integration has posed for achievement of social justice, and provides a bold solution. Rejecting more limited models of constitutionalism, she presents a convincing alternative which is socially embedded, allowing space for action by manifold actors at multiple levels of governance.' – Tonia Novitz, University of Bristol, UK This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judicial constitution' contrasts with EU Treaties after the Treaty of Lisbon in that their new value base enhances European social integration. However, the Treaties too seem contradictory in that they do not expand the EU's competence regime accordingly. In the light of these contradictions, Dagmar Schiek proposes a 'constitution of social governance': the Court and EU institutions should encourage steps towards social integration at EU level to be taken by transnational societal actors, rather than condemn their relevant activity. Economic and Social Integration will appeal to academics and postgraduate students in EU law, EU politics, European sociology, international relations, international law, labour law, and welfare state theory. Undergraduate students in labour law, policy advisors on EU social policy and welfare state, government departments and EU Commission departments will also find much to interest them in this book.

The Politics of Europeanization and Post Socialist Transformations

Author: N. Lindstrom
Publisher: Springer
ISBN: 1137352183
Format: PDF, Kindle
Download Now
This study examines conflicts arising from the dual processes of Europeanization and post-socialist transformations, from gaining independence in 1991 to facing the current economic crisis. Through an in-depth comparison of Estonia and Slovenia over time, it shows how elite actors within these two very different welfare capitalist states resisted EU pressures to change their cohesive and successful national models.

EU Law After Lisbon

Author: Andrea Biondi
Publisher: Oxford University Press
ISBN: 0199644322
Format: PDF, ePub, Docs
Download Now
The implementation of the Lisbon Treaty is profoundly changing many areas of EU law and policy. This volume gathers leading specialists in the field to analyse the implementation process and the directions of legal reform post-Lisbon, situating the Lisbon reforms in the broader context of on-going policy programmes.

European Constitutionalism Beyond Lisbon

Author: Jan Wouters
Publisher: Intersentia Uitgevers N V
ISBN: 9789050958882
Format: PDF, ePub, Mobi
Download Now
As Europe's leaders seek to finally secure the ratification of the Treaty of Lisbon after the Irish "no" vote, it is time to take a step back and review, in a broader perspective, the past decade of attempts at European constitutional reform. This book discusses the changes that had been envisaged under the EU's Constitutional Treaty and the Treaty of Lisbon. It also shows, in a number of areas of European integration, the continuity of Europe's constitutional development before and beyond Lisbon. The subjects covered include treaty-making and understanding the outcome of referendums; the process of de-pillarization and the development of the EU's human rights agenda; citizenship, migration, and foreign policy; the EU's "social market economy;" the role of national parliaments and the search for more executive accountability and democratic legitimacy in the EU; and the issue of democracy and transparency. Views on the future of European constitutionalism conclude the discussion.

Governing Social Inclusion

Author: Kenneth A. Armstrong
Publisher: Oxford University Press
ISBN: 0199278377
Format: PDF, ePub
Download Now
In May 1997, European leaders met in Amsterdam to agree a further round of revisions to the founding Treaties of the European Union. Embedded within its new social policy provisions was an objective for the EU and the Member States to combat social exclusion. By 2000, a new governance technique - the 'Open Method of Co-ordination' - had emerged as the means of taking forward this objective, utilising a combination of EU-level objective-setting and decentralised policy-making. May 1997 also saw a new Labour government sweep to power, promising constitutional change - including devolution of powers to Scotland, Wales and Northern Ireland - and pledging to tackle poverty and social exclusion. Strategies to tackle social exclusion are now conducted in a multi-level context. On the one hand, the EU is seeking to steer national systems through the open method of co-ordination. On the other hand, in the United Kingdom, it is not only central government policies that aim to tacklesocial exclusion, but also the devolved administrations and local government. It is not only the levels of governance that have changed but also the techniques and the actors involved. New forms of partnership have emerged at EU, national and sub-national levels between governmental and non-governmental organisations. All of which raises challenges to orthodox democratic constitutionalism, and possibilities for democratic experimentalism. In all of this, law, and in particular, European Union law, seems to have been decentred in favour of new normalising practices associated with social indicators and the mapping of exclusion. By exploring this changing governance context, the book addresses the impact of new modes of governance on the conduct of social inclusion strategies in the EU and UK.

The Labour Constitution

Author: Ruth Dukes
Publisher: OUP Oxford
ISBN: 0191038601
Format: PDF, ePub
Download Now
Exploring different approaches to the study of labour law, this book examines different ways of conceiving of the subject and of describing, analysing, and criticizing current legislation and policy in the field. In particular, it assesses the validity of the suggestion that 'old ways' of thinking about the subject have become outdated. Detailed consideration is given to two such old ways: the idea of the labour constitution, developed by Hugo Sinzheimer in the early years of the Weimar Republic, and the principle of collective laissez-faire, elaborated by Otto Kahn-Freund in the 1950s. It asks whether, and how, these ideas could be abstracted from the political, economic, and social contexts within which they were developed so that they might still usefully be applied to the study of labour law. The central argument of this book is that the labour constitution can be developed so as to provide an 'enduring idea of labour law', and this is constructed against a critique of modern arguments which favour reorienting labour law to align more closely with the functioning of labour markets. As compared with the posited 'law of the labour market', the labour constitution highlights the inherently political nature of labour laws and institutions, as well as their economic functions. It provides a framework for analysing labour laws, labour markets, and labour market institutions, which does not limit the capacity of scholarship in the field to retain its critical edge. It focuses our attentions on important questions, and important fields of enquiry: on questions, not least, of the consequences for workers of the narrowing and disappearance of spaces for democratic deliberation and democratic decision-making as markets continue to expand.

European Union Constitutionalism in Crisis

Author: Nicole Scicluna
Publisher: Routledge
ISBN: 1317624432
Format: PDF
Download Now
Several years after the first Greek bailout, the integration project of the European Union faces an interlocking set of political, economic, legal and social challenges that go to the very core of its existence. Austerity is the order of the day, and citizens in both debtor and creditor states increasingly turn to the political movements of the far left and right, anti-politics and street protests to vent their frustration. This book demonstrates the limits of constitutionalism in the EU. It explores the ‘twin crises’ - the failure of the Constitutional Treaty in 2005 and the more recent Eurozone crisis - to illuminate both the possibilities and pitfalls of the integration project. It argues that European integration overburdened law in an attempt to overcome deep-seated political deficiencies. It further contends that the EU shifted from an unsuccessful attempt at democratisation via politicisation (the Constitutional Treaty), to an unintended politicisation without democratisation (the Eurozone crisis) only a few years later. The book makes the case that this course is unsustainable and threatens the goal of European unity. This text will be of key interest to students and scholars in the fields of EU studies, EU law, democracy studies, constitutional studies and international relations.