Law Solidarity And The Limits Of Social Europe

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Law, Solidarity and the Limits of Social Europe

Author : Hartzén, Ann-Christine,Iossa, Andrea,Karageorgiou, Eleni
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 41,7 Mb
Release : 2022-02-11
Category : Law
ISBN : 9781800885516

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Law, Solidarity and the Limits of Social Europe by Hartzén, Ann-Christine,Iossa, Andrea,Karageorgiou, Eleni Pdf

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.

Solidarity in EU Law

Author : Andrea Biondi,Eglė Dagilytė,Esin Küçük
Publisher : Edward Elgar Publishing
Page : 240 pages
File Size : 41,7 Mb
Release : 2018
Category : Electronic
ISBN : 9781783477784

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Solidarity in EU Law by Andrea Biondi,Eglė Dagilytė,Esin Küçük Pdf

The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.

Justice in the EU

Author : Floris de Witte
Publisher : OUP Oxford
Page : 225 pages
File Size : 51,6 Mb
Release : 2015-07-09
Category : Law
ISBN : 9780191036347

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Justice in the EU by Floris de Witte Pdf

In Justice in the EU: The Emergence of Transnational Solidarity, Floris de Witte argues that European Union law can be understood as an instrument for the elaboration of what justice is, means, and requires on the level beyond the nation state. Approaching the question of justice from the European perspective, however, challenges us to think beyond the contractarian idea that equates justice with national political self-determination. A proper model of justice demands a tiered institutional and normative understanding of justice, involving both the nation state and the EU, which can make sense of the new ties between individual citizens that the process of European integration continues to generate. It also requires that we construct a theory of transnational solidarity that can explain what those new ties tell us about our transnational obligations of justice. This book tackles three issues in turn. It explains which precise institutional and normative structures are indispensable in the pursuit of justice; how the European Union can be understood to increase our capacity for the attainment of justice; and formulates a theory of transnational solidarity that informs the interaction between national and European spheres. Three different types of transnational solidarity are identified and carefully traced throughout the case law of the Court of Justice: market solidarity, communitarian solidarity, and aspirational solidarity. Read together, these three transnational solidarities tell us exactly what justice means in the EU.

Constitutional Sovereignty and Social Solidarity in Europe

Author : Jeffrey Ellsworth,Johan ven der Walt
Publisher : Bloomsbury Publishing
Page : 304 pages
File Size : 42,7 Mb
Release : 2015-05-21
Category : Political Science
ISBN : 9781474228398

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Constitutional Sovereignty and Social Solidarity in Europe by Jeffrey Ellsworth,Johan ven der Walt Pdf

The essays in this book respond in different ways to questions regarding sovereignty, constitutionality and social solidarity in the European Union. A common theme in the book is a perception that the people and peoples of the European Union have drifted into a quagmire of political paralysis within which essential features of the paralysis – lack of constitutionality, lack of sovereignty and lack of social solidarity – feed off one another. Some of the essays put forward a more positive view. They associate the demise of sovereignty in Member States of the European Union with an emergence of new forms of democracy or new formations of political legitimacy in the complex structures of multi-level governance in the European Union. Between them, the essays provide the reader with a comprehensive study of the key issues of European politics and law today.

Social Services of General Interest in the EU

Author : Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski
Publisher : Springer Science & Business Media
Page : 626 pages
File Size : 50,6 Mb
Release : 2012-10-30
Category : Law
ISBN : 9789067048767

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Social Services of General Interest in the EU by Ulla Neergaard,Erika Szyszczak,Johan Willem van de Gronden,Markus Krajewski Pdf

The EU has limited legislative competence in the field of social law. However, the Member States are increasingly modernizing social services and social (welfare) protection, attempting to make social services more efficient by increasingly looking to the market for the provision of such services. This policy move brings social services into the radar of EU law. The EU response to this sensitive issue has resulted in a piecemeal and fragmented approach towards the treatment of a new policy area of Social Services of General Interest (SSGI) in EU law and policy. This book is a first contribution towards charting how SSGI have emerged as a special category of SGI in the EU, the reaction of the Member States and stake-holders and how policy is being made through new governance processes, carve-outs and safe havens in legislation and soft law, especially in the light of the new values of the EU introduced by the Treaty of Lisbon 2009. It takes an inter-disciplinary approach and will be of interest to lawyers, economists and political scientists who are interested in EU policy-making as well as practioners, EU and national policy-makers. Ulla Neergaard is Professor of EU law at the Faculty of Law, University of Copenhagen, Denmark. Erika Szyszczak is a Jean Monnet Professor of European Law ad personam, Professor of European Competition and Labour Law at the University of Leicester, Barrister, Littleton Chambers, UK. Johan W. van de Gronden is Professor of European Law at the Radboud University of Nijmegen, The Netherlands. Markus Krajewski is Professor of Public and International law at the University of Erlangen-Nuremberg.

The Principle of Solidarity

Author : Eva Kassoti,Narin Idriz
Publisher : Springer Nature
Page : 309 pages
File Size : 42,5 Mb
Release : 2023-02-13
Category : Law
ISBN : 9789462655751

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The Principle of Solidarity by Eva Kassoti,Narin Idriz Pdf

This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.

Promoting Solidarity in the European Union

Author : Malcolm G. Ross,Yuri Borgmann-Prebil
Publisher : OUP Oxford
Page : 332 pages
File Size : 50,7 Mb
Release : 2010
Category : Language Arts & Disciplines
ISBN : 9780199583188

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Promoting Solidarity in the European Union by Malcolm G. Ross,Yuri Borgmann-Prebil Pdf

The EU claims that solidarity is a fundamental value underlying the European social model, yet often stands accused of undermining solidarity by advancing market freedoms. This book provides the first extended study of the idea of solidarity in the EU context from interdisciplinary perspectives--analyzing its impact on law and policy.

Solidarity in the European Union

Author : Andreas Grimmel,Susanne My Giang
Publisher : Springer
Page : 175 pages
File Size : 46,7 Mb
Release : 2017-06-30
Category : Political Science
ISBN : 9783319570365

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Solidarity in the European Union by Andreas Grimmel,Susanne My Giang Pdf

This volume approaches the current crisis of solidarity in the European Union from a multidisciplinary perspective. The contributions explore the concept of solidarity, its role in the European integration process, and analyze the risks entailed by a lack of solidarity. Experts from various academic fields, such as political science, law, sociology, and philosophy, shed new light on contemporary challenges such as the migrant and refugee crisis, the Eurozone crisis, nationalist and separatist movements, and Brexit. Finally, they also discuss different solutions for the most pressing problems in EU politics. The book has two main aims: Firstly, to show that solidarity is a key element in solving the EU’s contemporary problems; and secondly, to reveal how the crisis of solidarity has become a crucial test for the integration project, as the nature of the crisis goes beyond the well-known shortcomings in the EU’s structure and problem-solving capacities.

A European Social Union after the Crisis

Author : Frank Vandenbroucke,Catherine Barnard,Geert De Baere
Publisher : Cambridge University Press
Page : 0 pages
File Size : 49,6 Mb
Release : 2018-12-06
Category : Law
ISBN : 1108402089

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A European Social Union after the Crisis by Frank Vandenbroucke,Catherine Barnard,Geert De Baere Pdf

Today, many people agree that the EU lacks solidarity and needs a social dimension. This debate is not new, but until now the notion of a 'social Europe' remained vague and elusive. To make progress, we need a coherent conception of the reasons behind, and the agenda for, not a 'social Europe', but a new idea: a European Social Union. We must motivate, define, and demarcate an appropriate notion of European solidarity. We must also understand the legal and political obstacles, and how these can be tacked. In short, we need unequivocal answers to questions of why, what, and how: on that basis, we can define a clear-cut normative and institutional concept. That is the remit of this book: it provides an in-depth interdisciplinary examination of the rationale and the feasibility of a European Social Union. Outstanding scholars and top-level practitioners reflect on obstacles and solutions, from an economic, social, philosophical, legal, and political perspective.

Solidarity and Conflict

Author : Silvana Sciarra
Publisher : Cambridge University Press
Page : 165 pages
File Size : 49,7 Mb
Release : 2018-03-29
Category : Law
ISBN : 9781107086067

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Solidarity and Conflict by Silvana Sciarra Pdf

One of the world's leading scholars of EU employment law proposes alternatives to the Union's current social and labour policies.

Social Welfare and EU Law

Author : Eleanor Spaventa
Publisher : Unknown
Page : 290 pages
File Size : 53,5 Mb
Release : 2005
Category : Electronic books
ISBN : 1472563387

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Social Welfare and EU Law by Eleanor Spaventa Pdf

This work takes stock of how community membership is reshaping the legal environment of welfare provision across Europe. It provides a valuable collection of essays which explore the emergence of new models of social solidarity within the European Union.

Social policy in the European Union: state of play 2015

Author : David Natali (OSE),Bart Vanhercke (OSE)
Publisher : ETUI
Page : 298 pages
File Size : 48,9 Mb
Release : 2015-09-23
Category : European Union countries
ISBN : 9782874523748

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Social policy in the European Union: state of play 2015 by David Natali (OSE),Bart Vanhercke (OSE) Pdf

The sixteenth edition of Social policy in the European Union: state of play has a triple ambition. First, it provides easily accessible information to a wide audience about recent developments in both EU and domestic social policymaking. Second, the volume provides a more analytical reading, embedding the key developments of the year 2014 in the most recent academic discourses. Third, the forward-looking perspective of the book aims to provide stakeholders and policymakers with specific tools that allow them to discern new opportunities to influence policymaking. In this 2015 edition of Social policy in the European Union: state of play, the authors tackle the topics of the state of EU politics after the parliamentary elections, the socialisation of the European Semester, methods of political protest, the Juncker investment plan, the EU’s contradictory education investment, the EU’s contested influence on national healthcare reforms, and the neoliberal Trojan Horse of the Transatlantic Trade and Investment Partnership (TTIP).

Law, Democracy and Solidarity in a Post-national Union

Author : Erik Oddvar Eriksen,Christian Joerges,Florian Rödl
Publisher : Routledge
Page : 273 pages
File Size : 51,5 Mb
Release : 2008-07-04
Category : Law
ISBN : 9781134042814

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Law, Democracy and Solidarity in a Post-national Union by Erik Oddvar Eriksen,Christian Joerges,Florian Rödl Pdf

Investigates how the values of the rule of law, solidarity and democracy can be understood in the European Union in order ensure the sustainability of the European political order.

The European Union and Social Security Law

Author : Jaan Paju
Publisher : Bloomsbury Publishing
Page : 225 pages
File Size : 42,7 Mb
Release : 2017-08-24
Category : Law
ISBN : 9781509911561

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The European Union and Social Security Law by Jaan Paju Pdf

The aim of this book is to examine how EU law relates to and impacts on the national social security systems of the Member States. It asks three key questions. Firstly, it looks at how the internal market and its developments have eroded Member States' sovereignty over their social security systems, despite the fact that the EU has limited competence in the field. It then explores, secondly, how the Union Citizenship and, thirdly, the Charter of Fundamental Rights has affected the coordination of these regimes.

Questioning EU Citizenship

Author : Daniel Thym
Publisher : Bloomsbury Publishing
Page : 504 pages
File Size : 44,8 Mb
Release : 2017-12-28
Category : Law
ISBN : 9781509914661

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Questioning EU Citizenship by Daniel Thym Pdf

The question of supranational citizenship is one of the more controversial in EU law. It is politically contested, the object of prominent court rulings and the subject of intense academic debates. This important new collection examines this vexed question, paying particular attention to the Court of Justice. Offering analytical readings of the key cases, it also examines those political, social and normative factors which influence the evolution of citizens' rights. This examination is not only timely but essential given the prominence of citizen rights in recent political debates, including in the Brexit referendum. All of these questions will be explored with a special emphasis on the interplay between immigration from third countries and rules on Union citizenship.