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This well-researched book analyzes 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 favors 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, labor law, and welfare state theory.
Undergraduate students in labor 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.
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.
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 and its
contributions offer two perspectives on each of the four main
issues: the asymmetry of the legal and policy framework of the euro
and how this should be recalibrated; substantive tensions in the EU
integration project between the Treaties' 'economic constitution'
and the normative aims of social policy and inclusion and their
impact on national policy, the role of civil society, including the
two sides of industry in overcoming these tensions and the EU's
global aspirations towards the creation of a viable socio-economic
model.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.
EU equality law is multidimensional in being based on different
rationales and concepts. Consequently, the concept of
discrimination has become fragmented, with different instruments
envisaging different scopes of protection. This raises questions as
to the ability of EU law to address the situation of persons
excluded on a number of grounds. This edited collection addresses
the increasing complexity of European Equality Law from
jurisprudential, sociological and political science perspectives.
Internationally renowned researchers from Scandinavian, Continental
and Central European countries and Britain analyse consequences of
multiplying discrimination grounds within EU equality law,
considering its multidimensionality and intersectionality. The
contributors to the volume theorise the move from formal to
substantive equality law and its interrelation to new forms of
governance, demonstrating the specific combination of
non-discrimination law with welfare state models which reveal the
global implications of the European Union. The book will be of
interest to academics and policy makers all over the world, in
particular to those researching and studying law, political
sciences and sociology with an interest in human rights, non
discrimination law, contract and employment law or European
studies.
This edited collection addresses the multidimensionality of EU
equality law from conceptual as well as practical perspectives.
Bringing together academics from all over Europe and from different
disciplines, including law, politics and sociology, the book
focuses on the question of multidimensionality and
intersectionality, and deals with the consequences of multiplying
discrimination grounds within EU equality law.
This book contributes to a critical reflection of current
legislative and jurisprudential developments in Non-Discrimination
Law, focusing on the European Union. The book is focused on
intersectionality between gender, race and disability and the
question of whether, and to what extent, this intersection can be
adequately addressed in (EU) law. The discussion rests on two basic
assumptions. First, the multiplication of 'discrimination grounds'
in EU law and other legal regimes should not result in a dilution
of the demands of equality law. Accordingly, the book focuses on
the three key grounds - race, gender and disability. These
constitute nodes around which other discrimination grounds can be
grouped. Second, any multi-ground non-discrimination law framework
needs to engage with the question of discrimination on several
grounds. This book provides a critical evaluation of some of the
problems presented by such intersectionality and an opportunity to
explore the issues in depth. This collection offers some new
proposals relating to the regrouping of identity categories and to
the general approach to socio-legal research in the field. It also
contains a comparative section, which expands on practical
experiences with intersectionality and law, and a section dedicated
to juridical responses to intersectionality. The book will be a
valuable resource for researchers, academics and those working in
the area of EU non-discrimination law and policy.
This book contributes to a critical reflection of current
legislative and jurisprudential developments in Non-Discrimination
Law, focusing on the European Union. The book is focused on
intersectionality between gender, race and disability and the
question of whether, and to what extent, this intersection can be
adequately addressed in (EU) law. The discussion rests on two basic
assumptions. First, the multiplication of 'discrimination grounds'
in EU law and other legal regimes should not result in a dilution
of the demands of equality law. Accordingly, the book focuses on
the three key grounds - race, gender and disability. These
constitute nodes around which other discrimination grounds can be
grouped. Second, any multi-ground non-discrimination law framework
needs to engage with the question of discrimination on several
grounds. This book provides a critical evaluation of some of the
problems presented by such intersectionality and an opportunity to
explore the issues in depth. This collection offers some new
proposals relating to the regrouping of identity categories and to
the general approach to socio-legal research in the field. It also
contains a comparative section, which expands on practical
experiences with intersectionality and law, and a section dedicated
to juridical responses to intersectionality. The book will be a
valuable resource for researchers, academics and those working in
the area of EU non-discrimination law and policy.
This well-researched book analyzes 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 favors 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, labor law, and welfare state theory.
Undergraduate students in labor 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.
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.
This casebook, the result of the collaborative efforts of a panel
of experts from various EU Member States, is the latest in the Ius
Commune Casebook series developed at the Universities of Maastricht
and Leuven. The book provides a comprehensive and skilfully
designed resource for students, practitioners, researchers, public
officials, NGOs, consumer organisations and the judiciary. In
common with earlier books in the series, this casebook presents
cases and other materials (legislative materials, international and
European materials, excerpts from books or articles). As
non-discrimination law is a comparatively new subject, the chapters
search for and develop the concepts of discrimination law on the
basis of a wide variety of young and often still emerging case law
and legislation. The result is a comprehensive textbook with
materials from a wide variety of EU Member States. The book is
entirely in English (i.e. materials are translated where not
available in English). At the end of each chapter a comparative
overview ties the material together, with emphasis, where
appropriate, on existing or emerging general principles in the
legal systems within Europe. The book illustrates the distinct
relationship between international, European and national
legislation in the field of non-discrimination law. It covers the
grounds of discrimination addressed in the Racial Equality and
Employment Equality Directives, as well as non-discrimination law
relating to gender. In so doing, it covers the law of a large
number of EU Member States, alongside some international
comparisons. The Ius Commune Casebook on Non-Discrimination Law -
provides practitioners with ready access to primary and secondary
legal material needed to assist them in crafting test case
strategies. - provides the judiciary with the tools needed to
respond sensitively to such cases. - provides material for teaching
non-discrimination law to law and other students. - provides a
basis for ongoing research on non-discrimination law. - provides an
up-to-date overview of the implementation of the Directives and of
the state of the law. This Casebook is the result of a project
which has been supported by a grant from the European Commission's
Anti-Discrimination Programme. See the detailed website for this
book: www.casebooks.eu/nonDiscrimination/.
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