Chapter
1.2.4 Preliminary Conclusions
1.3 Integration and Social Regulation in the EU28: A Balancing Act
1.3.1 Free Movement and the Spectre of Social Dumping
1.3.2 Reconciling Openness and Domestic Cohesion
1.4 The Founding Fathers’ Inspiration and the Meaning of Justice and Solidarity
1.4.1 Setting the Scene: The Founding Fathers’ Social Inspiration
1.4.2 Normative Foundations in Contemporary Theories of Justice
1.4.2.1 Responsibility, Insurance, and Distribution
1.4.2.2 The Boundaries of Justice
1.4.3 Supranational Justice, Subsidiarity and Openness
1.4.3.1 Two Observations on Global Justice and the Organisation of Interpersonal Solidarity
1.4.3.2 Is Upward Convergence Sufficient?
1.4.4 The Normative Puzzle
1.5 Conditions for Upward Convergence and Social Investment
2 The European Social Union: A Missing but Necessary ‘Political Good’
2.2 What is ‘Social Europe’?
2.3 Towards a European Social Union (ESU): The Substantive Agenda
2.4 The Justification of a Social Union: Some Normative Proposals
2.5 The Social Union as a Political Good
3 The Solidarity Argument for the European Union
3.2 The European Decoupling of the Redistributing Community from the National Community
3.2.1 The Nation-State Couples the Nation and the State
3.2.2 State Matters Are Increasingly Detached from the Nation
3.2.3 The Liberal Nationalist Response: Between Solidarity-Limiting and Solidarity-Creating
3.2.4 European Redistribution
3.2.6 Strategic Levellism and Ideological Levellism
3.3 Recoupling the National and the Redistributing Community
4 Social Justice in an Ever More Diverse Union
4.2 Structuring the Argument
4.3 Back to Age-Old Beginnings: The Legacy of Classical Private International Law and Europe’s Foundational Dilemma
4.3.1 Savigny’s International Private Legal Ordering and the Unruliness of Interstate Relations
4.3.2 Social Justice through Political Democracy: The Example of Hermann Heller’s ‘Social Rechtsstaat’
4.4 The EEC in the Age of ‘Embedded Liberalism’
4.5 ‘Social Regulation’ and the Problems with a European ‘Social Market Economy’
4.5.1 Social Regulation in the EU
4.5.2 Social Justice through a ‘Highly Competitive Social Market Economy’
4.5.3 The Internal Market as ‘Social Market’ and the Idea of ‘Conflicts-Law Constitutionalism’
4.6 EMU as an Irresolvable Diagonal Conflict Constellation
4.7 From ‘Integration through Law’ via ‘Crisis Law’ to Technocratic Rule and Authoritarian Managerialism
4.8 Epilogue: ‘There Must be Some Way Out of Here’
5 The Democratic Legitimacy of EU Institutions and Support for Social Policy in Europe
5.2 Preferences about Social Security Policy
5.4.1 Support for Social Security on the EU Level
5.4.2 Self-Interest, In-Group Solidarity, Institutional Trust
5.5.1 Levels of Support for Social Security on the EU Level
5.5.2 Explaining Support for Social Security on the EU Level
Part II Topics in European Governance
6 The Impact of Eurozone Governance on Welfare State Stability
6.2 Euro Area Imbalances and Divergence
6.2.1 Core and Periphery in the EU and the Eurozone
6.2.2 The Social Impact of the Crisis and the Crisis Response
6.3 The Origin of Divergence
6.4 Policy Response to Euro Area Imbalances: EMU Reform
6.4.1 The Pursuit of Better Governance
6.4.2 Launched: Banking Union and Investment Plan
6.4.3 Outstanding: Fiscal Capacity and Shock Absorption
6.5 Euro Area Unemployment Insurance under Consideration
6.5.1 Options for Fiscal Stabilisation Instruments
6.5.2 The Added Value of Eurozone Unemployment Insurance
6.5.3 Institutional Requirements and Political Feasibility
7 Booms, Busts and the Governance of the Eurozone
7.2 Standard OCA Theory and the Governance of the Eurozone
7.3 Governance of a Monetary Union in the Face of Temporary Shocks
7.4 The Nature of Shocks in the Eurozone: Empirical Evidence
7.5 What Kind of Flexibility
7.6 Implications for the Governance of the Eurozone
7.6.1 Common Unemployment Insurance
7.6.2 National Stabilisation?
7.7 Completing the Monetary Union with Political Union
7.7.1 The European Commission and Political Union
7.7.2 Bureaucratic versus Political Integration
8 What Follows Austerity? From Social Pillar to New Deal
8.2 How We Got Here: European Social Policy in Retrospect
8.3 The European Pillar of Social Rights: Potential and Limits
8.3.1 The Rationale of the Pillar
8.3.2 The Role of the Social Pillar within the Wider Framework of EMU
8.3.2.1 Wage Determination
8.3.2.2 Employment Protection Laws (EPL)
8.3.3 The Scope of the Social Pillar
8.3.4 Mechanisms for Delivering the Social Pillar
8.4 Towards a European New Deal?
9 Social Dialogue: Why It Matters – European Employers’ Perspective
9.2 History of the EU Social Dialogue
9.3 EU Social Partnership and Dialogue in the Twenty-First Century
9.3.2 Labour-Market Analyses
9.3.3 EU Economic Governance Process, European Semester
9.4 EU Sectoral Social Dialogue
9.5 Social Dialogue at Company Level – European Works Councils
9.6 A Diverse and Ever-Evolving National Social Dialogue and the Link to the EU Social Dialogue
10 The European Social Dialogue: What Is the Role of Employers and What Are the Hopes for the Future?
10.2 The Major Milestones of the ESD
10.3 The Strategies of the Actors
10.4 A New Dynamic in Desperate Times
10.5 What Challenges Lie Ahead?
11 The European Semester Process: Adaptability and Latitude in Support of the European Social Model
11.2 The European Semester and its Soft-Law Roots
11.3 The European Semester as a Hybrid Governance Structure
11.3.1 Analytical Framework
11.4 The European Semester: Adapting its Goals to New Priorities and Country-Specific Challenges
11.5 National Responses to EU-Level Socioeconomic Targets
11.5.1 Ideas on the Nature of Sound Socioeconomic Policies
11.5.2 Conflicting Views on Calculation Methods and Reform Effects
11.5.3 Legitimacy and Democracy
11.5.4 National Governments Cannot Influence Everything
12 Balancing Economic Objectives and Social Considerations in the new EU Investment...
12.2 Balancing FDI and Social Considerations under the Founding Treaties of the EU
12.3 Social Considerations and the New European International Investment Policy
12.4 The Social Considerations in the New EU Investment Agreements
12.4.1 EU–South Korea FTA
12.4.2 EU–Canada Comprehensive Economic and Trade Agreement
12.4.4 Transatlantic Trade and Investment Partnership
12.4.5 Procedural Aspects of the Balance between Economic and Social Considerations
Part III Legal and Institutional Challenges
13 How Can the Viking/Laval Conundrum Be Resolved? Balancing the Economic and the Social: One Bed for Two Dreams?
13.2 The Relationship between the Social and Economic Dimension of Economic Integration in the EU...
13.3 Laval’s Regulatory Conundrum: Collective Standard-Setting Implications for Posted....
13.3.1 Scene Setter: The Regulatory Framework of the Posting of Workers Directive
13.3.2 Laval: Collective Standard-setting in EU Perspective
13.3.3 The Existential Question: Is There a Laval’s Regulatory Conundrum with...
13.3.4 Interim Conclusion
13.4 Reconciling Economic Freedoms and Fundamental Social Rights, the Viking Conundrum
13.4.1 Introduction and Scene Setter
13.4.2 Possible Ways Envisaged to Resolve the Viking Conundrum
13.4.3 Possible Alternatives
13.4.4 Interim Conclusion
13.5 Social Europe Matters – Giving Teeth to the EU’s Social Dimension
14 The Basis in EU Constitutional Law for Further Social Integration
14.2 The EU Constitutional Framework Governing Further Social Integration
14.2.1 The Place of Social Policy in European Integration
14.2.2 Specific and General Legal Bases
14.2.2.1 Specific Legal Bases
14.2.2.2 General Legal Bases
14.3 The Traditional Route of EU Social Policy Legislation
14.3.1 Arrested Development of EU Social Policy Legislation
14.3.2 Proposals for EU Social Policy Legislation
14.3.2.1 Article 153(5) TFEU
14.3.2.2 Fields Listed in Article 153(1) TFEU
14.4 Alternative Routes for Further Social Integration
14.4.1 Enhanced Cooperation
14.4.1.2 Legal Framework for Enhanced Cooperation
14.4.2 International Agreements
14.4.3 Amending the Treaties
14.5 The ‘Horizontal Social Clause’ of Article 9 TFEU
15 EU Social Competences and Member State Constitutional Controls...
15.1 Creating a European Social Union
15.2 ‘Social Field’ Delineated
15.3 A Priori Constitutional Control
15.4 Ex Post Constitutional Control
15.5 Thoughts on the Way Forward
16 Social Rights, the Charter, and the ECHR: Caveats, Austerity, and Other Disasters
16.2 Does the Charter Apply in the Context of Austerity Measures?
16.2.1 Does the Charter Apply in the Context of Austerity Measures Adopted...
16.2.2 Does the Charter Apply in the Context of Austerity Measures Adopted...
16.2.3 Does the Charter Apply to the Eurogroup?
16.3 Social Rights in the Charter: No Added Value?
16.4 No ‘Rights’, Just ‘Principles’?
16.5 No Horizontality for Social Rights
16.6 The Elusive Palliative of the ECHR
17 The European Court of Justice as the Guardian of the Rule of EU Social Law
17.2 The Scope of Application of EU Social Law in the Context of the Financial Crisis
17.2.1 The Constitutional Divide: EU Budgetary and Discipline Rules versus National Rules...
17.2.2 The ESM Treaty: Beyond the EU Principle of Conferral but Consistent with EU Law
17.2.3 Where Austerity Measures Implement EU Social Law
17.3 The Horizontal Application and Justiciability of Primary EU Social Law
17.3.1 The Rationale Underpinning the Horizontal Application of the...
17.3.2 Beyond the Principle of Non-Discrimination
18 The European Social Union and EU Legislative Politics
18.2 The Development of EU Legislative Policies
18.3 A European Social Union – Achievements and Challenges
18.4 Legislating Posting of Workers
18.5 Legal Challenges and Political Responses
18.6 Legislative Politics in a Post-Lisbon Setting
19 (B)Remains of the Day: Brexit and EU Social Policy
19.2.2.1 Financial Precarity
19.2.2.2 Social Precarity
19.2.3 The Profile of the Leave Voter
19.2.4.2 The Limited Nature of EU Social Rights
19.2.5 The Role of EU Social Policy during the Campaign
19.3 What Might Have Been?
19.3.2 What Would Have Made No Difference
19.3.3 What Might Have Made A Difference
19.3.3.1 A Deal on Migration
19.3.3.2 The European Semester
19.3.3.3 Greater Policy Competence
19.4 What the Future Might Hold: The Remains of the Day
19.4.1 For the UK and for the EU
A European Social Union after the Crisis
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