Social Rights and Market Freedom in the European Constitution: A Labour Law Perspective

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ISBN: 9780521841269 | 0521841267
Cover: Hardcover
Copyright: 2/6/2006

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This is a timely and innovative account of the development of European labour and social security law as it interrelates with the evolution of market integration in the European Union. Giubboni presents, from a labour law perspective, a case study of the changes the European Community/European Union has undergone from its origins to the present day and on the ways these changes have affected the regulation of European Welfare States at national level. Drawing on the idea of 'embedded liberalism', Giubboni analyses the infiltration of EC competition and market law into national systems of labour and social security law, and provides a normative framework for conceptualising the transformation of regulatory techniques implemented at the EU level. This important, interdisciplinary contribution to research in EU social law illustrates how the vision of social protection and solidarity is changing.

Series Editors' Preface

Foreword by Professor Silvana Sciarra

xiii

Acknowledgements

Table of Cases

xvii

Table of Legislation

xxi

Introduction

(4)

PART I Social policies and market principles. European social integration revisited

(146)

1 Embedded liberalism: the original constitutional compromise and its crisis

(87)

1 A preliminary review of the historical background

(8)

2 Metamorphoses of the European economic constitution and their impact on national social policies and rights

(14)

3 'Embedded liberalism': the original compromise in the ECSC Treaty

(11)

4 ...in the Ohlin Report...

(5)

5 ...in the Spaak Report...

(4)

6 ...and in the Treaty of Rome

(7)

7 Crisis and 'overthrow' of the original model

(5)

8 Infiltration of Community competition and market law into national systems of labour and social-security law

(4)

9 End of monetary sovereignty and curbing of macroeconomic sovereignty in the EMU constitution

(8)

10 Regulatory competition between national systems within the internal market

(8)

11 Weakening of the principle of territoriality of national systems of social protection

(13)

2 Re-embedding liberalism: towards a new balance between negative and positive integration of European welfare states

(57)

1 The difficult quest for a new balance between negative integration and positive integration of national welfare states

(4)

2 Social rights and the market in the European constitutional space in fieri: developments up to the Treaty of Amsterdam...

(8)

3 ...and the prospects opened up by the Nice Charter

106

(8)

4 European social policy after Amsterdam

114

(7)

5 The new strategy of supranational 'open' co-ordination of Member States' employment and social policies

121

(7)

6 The Treaty establishing a Constitution for Europe...

128

(2)

7 ...The constitutional Treaty and social policy...

130

(5)

8 ...The constitutional Treaty and the open method of co-ordination...

135

(5)

9 ...The constitutional Treaty and the advance of fundamental social rights...

140

(7)

10...A summary assessment of the social content of the constitutional Treaty

147

(4)

PART II The market, competition and social rights in the European constitutional space

151

(123)

3 Infiltration of Community competition law into national systems of labour law, and its antidotes

153

(79)

1 Introduction

153

(2)

2 Community competition and market law and national systems of labour law in the original model

155

(10)

3 Crisis of the original model...

165

(2)

4 ...particularly in the changing interpretation of Article 30 of the Treaty of Rome (now Article 28 TEC)...

167

(16)

5 ...and of Articles 85, 86 and 90 of the Treaty of Rome (now Articles 81, 82 and 86 TEC)

183

(14)

6 Two illustrative examples: public job-placement monopolies and national social-security monopolies

197

(8)

7 Antidotes to the infiltration of competition law: (a) Economic freedoms and social rights in the aftermath of the Nice Charter and the constitutional Treaty...

205

(10)

8 ...(b) Constitutional dialogues...

215

(9)

9 ...(c) Negative integration and social jurisdiction of the Member States

224

(8)

4 Forms of regulation of social Europe and models of the European economic constitution

232

(42)

1 Introduction

232

(1)

2 Rise and decline of the 'upward' harmonization model

233

(2)

3 The regulatory impasse of the 1980's and its remedies

235

(4)

4 Alternatives to the traditional harmonization model

239

(3)

5 Collective bargaining as a 'regulatory resource' of the Community legal order

242

(2)

6 Convergence of national systems of social protection via soft law

244

(1)

7 The European Employment Strategy: from the 'Luxembourg process' to institutionalization of the open method of co-ordination

245

(4)

8 Open co-ordination as a new form of Community economic and social governance

249

(2)

9 An analytical comparison of three ideal-type models of a European economic constitution

251

(3)

10 The neoliberal 'competitive federalism' model

254

(5)

11 The neo-social-democratic 'solidaristic federalism' model

259

(4)

12 The mixed 'co-operative federalism' model

263

(6)

13 A preliminary summing up

269

(5)

Conclusions

274

(7)

Index

281

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Social Rights and Market Freedom in the European Constitution: A Labour Law Perspective

Summary

Author Biography

Table of Contents

Supplemental Materials