To save this undefined to your undefined account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you used this feature, you will be asked to authorise Cambridge Core to connect with your undefined account.
Find out more about saving content to .
To save this article to your Kindle, first ensure firstname.lastname@example.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below.
Find out more about saving to your Kindle.
Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.
Purely internal situations – Fundamental freedoms – Attribution of powers – Ullens de Schooten – Reverse discrimination – Non-discriminatory obstacles – EU citizenship – Preliminary rulings – Jurisdiction of the Court of Justice – Conditions of admissibility of preliminary references
European Commission – Size of the Commission – Presidentialisation – President’s power of organisation – Principle of collegiality – Responsibility of the College at large – Reorganisation of the Commission – Balance between efficiency and member state representation – Legality of project teams – Rotation of voting rights in EU law – System of rotation for the European Commission
The Displacement of Social Europe – Special Section
Treaty obligations: the EU shall combat social exclusion and discrimination, and promote social justice and protection – EU institutions responses to social challenges outside of the Social Policy Title – Fragmentation of Social Policy: in many ways deeply unsatisfactory, yet useful lessons may be learnt – Social implications of economic integration – Rethinking EU intervention on the protection of individuals owing to a fundamental rights’ narrative.
Impact of fundamental rights on the social ‘acquis’ – Limited extension of social rights from the integration of the ‘acquis’ into the Charter of Fundamental Rights – How the Charter contributed to the renewed force of the economic freedoms – Shift from fundamental rights to ‘essential principles’ of uncertain nature in the European Pillar of Social Rights – Possible transformation in the approach to social issues through interdisciplinarity
EU law – Investigating the displacement of Social Europe at moments of EU enlargement – Sweden as an example of how Social Europe can be displaced – Enlargement of 1995 and austerity policy – Enlargement of 2004 and posted workers – Enlargement of 2007 and ‘vulnerable’ EU-migrants
Social and economic interests of ‘new’ and ‘old’ Member States along centre and periphery axis – Judicial and legislative developments concerning the posting of workers – Continuous deepening of the divide between centre and periphery – Lack of placement of new Member States’ social interests at the EU level – The need to place social interests firmly in the EU (internal market) structure – Developing meaningful common social standards to mitigate the centre/periphery divide
Social Europe – Case law of the Court of Justice – ‘Real’ and ‘apparent’ displacement – Court’s interpretive task more complex and contested – Directives based on ‘flexicurity’ policy – Cases in which workers have competing interests, e.g. age discrimination – Viking and Laval – Re-framing of employers’ interests as fundamental rights under Article 16 EU Charter – Declining relevance of the Court in labour law – Challenges for EU labour lawyers
Critical-contextual analysis of case law of the European Court of Justice on employers’ contractual freedom – Fundamental right to be immunised against the alleged disproportional protection enjoyed by employees – Progressive ideological overthrow of the original constitutional assumptions of the founding treaties – Prominent example of ‘displacement of social Europe’ – Court of Justice’s case law on the relationship between freedom to conduct a business and labour law – Neoliberal understanding of the freedom of enterprise – Alternative interpretation of Article 16 of the EU Charter of Fundamental Rights
Has the European Semester led to a displacement of Social Europe, or to the development of social policy through fiscal processes and actors? – Potential for Semester to increase soft law’s binding effects or ‘socialise’ EU policy-making – Positive effects severely limited by the Semester’s overall goals: fiscal stabilisation and the creation of increasingly uniform economic policies – Dilemma for Social Europe: how can an autonomous EU social policy be (re) established without risking marginalisation?
An assessment of the ‘European Pillar of Social Rights’ by reference to its constitutional significance – Potential to significantly improve the social output of the EU by addressing the displacement of the Social Policy Title of previous years – Incapacity to redress the constitutional imbalance between ‘the market’ and ‘the social’ in the EU legal order – Continuing displacement of the (national and European) legislator in the internal market and economic governance