Book contents
- Front matter
- Contents
- List of figures
- List of tables
- Preface
- 1 Introduction: flexible EU governance in domestic practice
- 2 Theorising the domestic impact of EU law: the state of the art and beyond
- 3 EU social policy over time: the role of Directives
- 4 The Employment Contract Information Directive: a small but useful social complement to the internal market
- 5 The Pregnant Workers Directive: European social policy between protection and employability
- 6 The Working Time Directive: European standards taken hostage by domestic politics
- 7 The Young Workers Directive: a safety net with holes
- 8 The Parental Leave Directive: compulsory policy innovation and voluntary over-implementation
- 9 The Part-time Work Directive: a facilitator of national reforms
- 10 Voluntary reforms triggered by the Directives
- 11 The EU Commission and (non-)compliance in the member states
- 12 Beyond policy change: convergence of national public–private relations?
- 13 Implementation across countries and Directives
- 14 Why do member states fail to comply? Testing the hypotheses suggested in the literature
- 15 Three worlds of compliance: a typology
- 16 Conclusions: myth and reality of social Europe
- References
- Index
3 - EU social policy over time: the role of Directives
Published online by Cambridge University Press: 22 September 2009
- Front matter
- Contents
- List of figures
- List of tables
- Preface
- 1 Introduction: flexible EU governance in domestic practice
- 2 Theorising the domestic impact of EU law: the state of the art and beyond
- 3 EU social policy over time: the role of Directives
- 4 The Employment Contract Information Directive: a small but useful social complement to the internal market
- 5 The Pregnant Workers Directive: European social policy between protection and employability
- 6 The Working Time Directive: European standards taken hostage by domestic politics
- 7 The Young Workers Directive: a safety net with holes
- 8 The Parental Leave Directive: compulsory policy innovation and voluntary over-implementation
- 9 The Part-time Work Directive: a facilitator of national reforms
- 10 Voluntary reforms triggered by the Directives
- 11 The EU Commission and (non-)compliance in the member states
- 12 Beyond policy change: convergence of national public–private relations?
- 13 Implementation across countries and Directives
- 14 Why do member states fail to comply? Testing the hypotheses suggested in the literature
- 15 Three worlds of compliance: a typology
- 16 Conclusions: myth and reality of social Europe
- References
- Index
Summary
Directives are one of several instruments that are used in EU social policy. This chapter puts them into perspective, outlining the wider context of the EU's social dimension over time and the important role played by Directives. The main finding is that the role of binding regulative action has not been diminished, despite the debates on the open method of co-ordination (OMC). Therefore, we argue, studying social Directives is crucial not only for understanding the past, but also the present and, very likely, the future of European social integration.
Competences and decision modes
The 1957 EEC Treaty basically left social policy in the hands of the member states. The Treaty did not provide for an outright Europeanisation of social policies since too many national delegations had been opposed to such a move. The dominant philosophy of this Treaty was that welfare would be provided by the economic growth stemming from the economics of a liberalised market, and not from the regulatory and distributive capacity of public policy (see, for example, Leibfried and Pierson 1995; Barnard 2000). It is indicative of the Treaty's pro-market bias that its only explicit legislative competence in the field of social policy related to the free movement of workers, which for the most part even allowed measures to be adopted on the basis of qualified majority voting (Articles 48–51 EEC Treaty).
However, the European Community's action capacity was incrementally increased in day-to-day politics.
- Type
- Chapter
- Information
- Complying with EuropeEU Harmonisation and Soft Law in the Member States, pp. 41 - 55Publisher: Cambridge University PressPrint publication year: 2005