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Libros > Derecho / Político y Constitucional / DERECHOS Y LIBERTADES > Social Rights and Policies in the European Union …

Social Rights and Policies in the European Union new Challenges in a Context of Economic Crisis

Social Rights and Policies in the European Union new Challenges in a Context of Economic Crisis
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Colección: Legal Studies

This book intends to be a useful tool for both students and researchers. As far as students are concerned, it presents social rights in the EU as a kind of pilot block not only to approach an essential set of fundamental rights, but also to better understand the complexity of the EU legal sources (primary and secondary law), the difficult distribution of competences between the EU and the Member States (through social policy) as well as the complicated functioning of the EU insti-tutional system. In relation to the researchers, this monograph shares likewise a profound reflection (in terms of European Constitutional Law and multilevel constitutionalism) on the current challenges for the effectiveness of social rights under a critical economic and financial scenario, by taking into account the most recent developments as well as synergies and joint efforts of the Council of Europe and the EU.
Table of Contents
ABBREVIATIONS 13
FOREWORD 15
1. INTRODUCTION TO THE EUROPEAN SOCIAL MODEL IN THE FRAMEWORK OF THE GLOBAL ECONOMIC CRISIS 17
1. RELATIVIZATION OF THE IMPACT OF THE ECONOMIC CRISIS 17
2. FOUNDATIONS OF THE SOCIAL DIMENSION OF EUROPE 19
2. GENESIS AND EVOLUTION OF SOCIAL RIGHTS AND POLICIES IN THE EU 23
1. THE SOCIAL POLICY AS A PART OF THE OBJECTIVES OF THE EUROPEAN CONSTRUCTION 23
2. BALANCING EUROPEAN AND NATIONAL PARAMETERS TO ACHIEVE THE TRANSVERSAL SOCIAL POLICY 27
3. THE CONCRETE SOCIAL OBJECTIVES AND THE COUNTERWEIGHT OF COMPETITIVENESS OF THE UNION ECONOMY AS THE MAIN TRANSVERSAL CONCERN 30
3. IMPORTANCE OF SOCIAL DIALOGUE BETWEEN THE SOCIAL PARTNERS AT THE EU LEVEL 33
1. RECOGNITION OF THE ROLE OF THE SOCIAL PARTNERS IN THE EUROPEAN CONSTRUCTION 33
2. THE AIM AND THE TOOLS TO ENCOURAGE SOCIAL DIALOGUE: FOCUS ON THE TRIPARTITE SOCIAL SUMMIT FOR GROWTH AND EMPLOYMENT 35
3. BALANCING NATIONAL DIVERSITY AND EUROPEAN UNITY 39
4. DYNAMICS OF THE SOCIAL DIALOGUE IN A BROADER SOCIAL EUROPE 43
4. PROGRESSIVE EXTENSION OF UNION ACTION TO SOCIAL AREAS 47
1. THE REINFORCEMENT OF THE EXPLICIT UNION’S POWERS IN THE SOCIAL FIELD AND THE HORIZONTAL SOCIAL CLAUSE 47
2. BALANCING THE SUPPLEMENTARY UNION’S ACTIONS AND THE PRINCIPLES OF EUROPEAN UNION SOCIAL LAW 54
3. BALANCING THE UNION’S POWERS AND THE SUBSTANTIAL EXCLUSIONS: A DIFFICULT TENSION BETWEEN STATE MARGIN AND EUROPEAN ACTION 57
4. A COMPLEX APPROACH TO SOCIAL POLICY AND FUNDAMENTAL RIGHTS IN A BROADER SOCIAL EUROPE 61
5. IMPACT OF CONSULTATION OF MANAGEMENT AND LABOUR AT EU LEVEL 65
1. SOCIAL PARTNERS’ VIEWS CRUCIAL TO BUILDING A SOCIAL EUROPE 65
2. MODALITIES OF CONSULTATION UNDER ARTICLE 154 TFEU 67
3. A BROADER FRAMEWORK OF SOCIAL CONSULTATION. OTHER STRUCTURES IN SUPPORT OF THE SOCIAL POLICY 70
4. EUROPEAN SOCIAL PARTNERS’ CONTRIBUTION TO ACTIONS AND LEGAL ACTS OF THE EUROPEAN UNION IN THE SOCIAL AREA 73
6. LEGAL VALUE OF AGREEMENTS BETWEEN MANAGEMENT AND LABOUR AT EU LEVEL 79
1. THE INCREASING LEGAL VALUE OF AGREEMENTS CONCLUDED BETWEEN MANAGEMENT AND LABOUR IN EUROPEAN UNION LAW 79
2. ADOPTION AND IMPLEMENTATION OF SUCH EUROPEAN AGREEMENTS 83
3. PROCEDURAL AND SUBSTANTIAL RIGHTS AT STAKE 85
4. THE IMPACT OF EUROPEAN AGREEMENTS IN A BROADER SOCIAL EUROPE 88
7. MULTIPLICITY OF INTEGRATION APPROACHES IN THE SOCIAL FIELD 93
1. THE COMPLEXITY OF INTER-STATE COOPERATION ON SOCIAL POLICY SINCE THE ORIGINS OF THE EUROPEAN CONSTRUCTION 93
2. FROM A DIFFICULT HARMONIZATION TO AN OPEN METHOD OF COORDINATION IN THE SOCIAL FIELD 99
3. THE IMPACT OF EUROPEAN SOFT-LAW AND THE REAL WEIGHT OF THE GOALS IN THE SOCIAL FIELD 103
4. THE SOCIAL DIMENSION AS A NECESSARY FEATURE OF THE INTEGRATED VISION OF EUROPE 2020 105
8. THE INCREASING INTEREST IN COMBATING THE GENDER PAY GAP IN THE EU 109
1. EQUAL PAY BETWEEN MEN AND WOMEN IN THE EUROPEAN CONSTRUCTION 109
2. THE SPECIFIC PRINCIPLE OF EQUAL PAY IN A BROADER FRAMEWORK OF EQUALITY BETWEEN WOMEN AND MEN AS WELL AS OF TENSION BETWEEN ECONOMIC AND SOCIAL GOALS 114
3. EQUAL PAY FOR MALE AND FEMALE WORKERS AS BOTH A PRINCIPLE OF EUROPEAN UNION SOCIAL LAW AND A FUNDAMENTAL RIGHT 119
4. NEW CHALLENGES IN A BROADER SOCIAL EUROPE 122
9. RECENT CONTROVERSIES ON AUSTERITY MEASURES AND SOCIAL STANDARDS 127
1. GENERAL APPROACH TO AUSTERITY MEASURES WITH REGARD TO SOCIAL RIGHTS 127
2. SPECIFIC APPROACH TO “ANTI-CRISIS” LEGISLATION 129
2.1. Flexicurity and labour market policy 130
2.2. Flexicurity and pension system 132
3. ARRANGING MULTILEVEL SPHERES OF AUTHORITY 134
3.1. The Council of Europe level 135
3.2. The European Union level 137
3.3. The global judicial dialogue: interaction with the national judges 140
10. CONCLUDING REMARKS AND PROPOSALS: TOWARDS THE BEST ATTAINABLE STANDARD IN THE FIELD OF SOCIAL RIGHTS 145
1. THE ECONOMIC CRISIS AND THE CHALLENGE OF INDIVISIBILITY OF ALL HUMAN RIGHTS 145
2. EXPLOITATION OF THE CHARTER OF FUNDAMENTAL RIGHTS AND THE EU ACCESSION TO THE EUROPEAN SOCIAL CHARTER 150
SELECTED REFERENCES 155

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