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

by Stefano Giubboni

• ISBN13: 9780521841269
• ISBN10: 0521841267
• Format: Hardcover
• Copyright: 2006-02-06
• Publisher: Cambridge University Press

Summary

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.

Author Biography

Stefano Giubboni is Professor of Labour Law in the Law Faculty, University of Florence.

Table of Contents

Series Editors' Preface	xi
Foreword by Professor Silvana Sciarra	xiii
Acknowledgements	xv
Table of Cases	xvii
Table of Legislation	xxi
Introduction	1	(4)
PART I Social policies and market principles. European social integration revisited	5	(146)
1 Embedded liberalism: the original constitutional compromise and its crisis	7	(87)
1 A preliminary review of the historical background	7	(8)
2 Metamorphoses of the European economic constitution and their impact on national social policies and rights	15	(14)
3 'Embedded liberalism': the original compromise in the ECSC Treaty	29	(11)
4 ...in the Ohlin Report...	40	(5)
5 ...in the Spaak Report...	45	(4)
6 ...and in the Treaty of Rome	49	(7)
7 Crisis and 'overthrow' of the original model	56	(5)
8 Infiltration of Community competition and market law into national systems of labour and social-security law	61	(4)
9 End of monetary sovereignty and curbing of macroeconomic sovereignty in the EMU constitution	65	(8)
10 Regulatory competition between national systems within the internal market	73	(8)
11 Weakening of the principle of territoriality of national systems of social protection	81	(13)
2 Re-embedding liberalism: towards a new balance between negative and positive integration of European welfare states	94	(57)
1 The difficult quest for a new balance between negative integration and positive integration of national welfare states	94	(4)
2 Social rights and the market in the European constitutional space in fieri: developments up to the Treaty of Amsterdam...	98	(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