Книги автора Burca Grainne De
Жанр: Oxford University Press
Год: 2005
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- Advances the idea that social welfare should have a distinctive EU dimension — Traces the impact of the EU on member states in social citizenship, fundamental rights and economic freedoms — Examines the 'Open Method of Co-ordination' and the tensions between market liberalization and social protection in the EU This collection of essays addresses a topical subject of current importance, namely the impact of the EU on national welfare state systems. The volume aims to question the perception that matters of social welfare remain for Member States of the EU to decide, and that the EU's influence in this field is minor or incidental. The various essays trace the different ways in which the EU is having an impact on the laws and practices of the Member States in the area of welfare, looking at issues of social citizenship and the influence of the Charter of Fundamental Rights, as well as at the impact of EU economic freedoms — competition law and free movement law in particular — on both 'services of general economic interest' and on national health-care systems. The significance of the so-called Open Method of Coordination in developing a new compromise on 'social Europe' is discussed, as well as the tensions between market liberalization and social protection in the specific context of this transnational political system are examined. While the various authors clearly have different views on the likelihood of a robust form of European social solidarity developing, the book as a whole suggests the emergence of a distinctive, although partial and fragmented, European Union welfare dimension.
Название: Social Rights in Europe
Жанр: Oxford University Press
Год: 2005
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Описание:
- Considers so-called 'neglected rights' such as those relating to health and disability — Covers both the EU Charter of Fundamental Rights and European Social Charter, two systems rarely considered side by side in the academic literature — Situates the debate on social rights in the context of important current events in the EU, including the EU Constitution, the recent Open Method of Coordination, economic globalization, and Europe's increasing international role — Contrasts protection of social rights between traditionally democratic and post-communist states Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe in recent years. The debate over the justiciability of social rights in the EU's Charter of Fundamental Rights, and the revision of the Council of Europe's European Social Charter, have contributed in different ways to this prominence. The chapters in this book examine these recent developments, and discuss some of the current dilemmas and challenges for the system of protection of social rights in Europe. The collection moves deliberately beyond the traditional focus on labour rights to consider other social rights which are seen to be of growing importance, such as health and disability in particular. Writers who are familiar with, and in some cases who have worked within, the various European systems assess different aspects of their functioning, including their respective mechanisms for monitoring and enforcement. The relationship between the two main systems of protection of social rights (The EU Charter of Fundamental Rights and the European Social Charter) is considered both in a chapter on the possibility for future accession of the EU to the ESC, as well as through a series of case studies on the right to work, to health, to freedom from discrimination, and the rights of the disabled. This approach allows reflection on the respective strengths and weaknesses of these two systems, and the existing tensions and synergies between them.
