Suchergebnisse

1. The EU's socio-economic model(s) and the crisi(e)s : any perspectives? / Dagmar Schiek -- 2. The dysfunctional nature of the economic and monetary union / Philip Arestis, Giuseppe Fontana and Malcolm Sawyer -- 3. The European currency in turbulent times : austerity policy made in Brussels the only way out? / Amy Verdun -- -- 4. The contested scope of labour law requirements in public procurement : a multi-level analysis / Julia Vinterskog -- 5. From safety nets and carrots to trampolines and sticks : national use of the EU as both menace and model to help neoliberalise welfare policy / Charlotte O'Brien -- 6. Empowering consumer-citizens : changing rights or merely discourse? / Katalin Cseres and Annette Schrauwen -- 7. The politics of inclusion : comparing the contribution of civil society actors to EU legitimacy / Petra Guasti -- 8. EU internal and external social policy in times of global crisis / Rebecca Zahn -- 9. The EU as a "virtuous international actor" : human rights indicators and global governmentality / Bal Sokhi-Bulley.

This well-researched book analyses the positioning of EU constitutional law towards economic and social integration by contrasting liberal and socially embedded constitutionalism. The book draws on a unique content and discourse analysis of all Grand Chamber decisions on substantive EU law since May 2004. It finds the EU's 'judicial constitution' to be more nuanced and more uniform than expected. While the Court of Justice enforces the constitution of integration, it favours economic freedoms under mainly liberal paradigms, but socially embeds constitutionalism in citizenship cases. The 'judic

This article contributes to the debate on how collective agreements can enhance social security from the perspective of unpaid care work. It defines the risk of giving up employment in favour of unpaid care as a social security risk (the care risk). It analyses how collective agreements in the EU can address this risk while not compromising gender equality. This analysis is conducted with a focus on European Union law's impact on a regulatory practice yet to emerge: the inclusion of institutional (child) care provisions in collective agreements. Analysing risks emerging from EU law, we conclude that EU law is disruptive for innovative collective bargaining strategies if interpreted from a merely economic-liberal perspective.

Since the EU Treaties constitute solidarity as one of the EU's fundamental values (Articles 2, 3 (2) TEU). In a Community of law, the validity of this value depends on its capacity as a legal principle. This chap-ter asks what, if anything, the case law of the Court of Justice (ECJ) contributes to the discursive exe-gesis of solidarity as a principle of EU Constitutional Law. In order to answer this question, it offers an empirical analysis of the Court's case law framing the notion of solidarity, providing a unique database evaluating all 122 cases elaborating on the concept. The analysis distinguishes three categorial types of solidarity (solidarity as charity, as mutual obligation and as risk mitigation) and three functional types of solidarity (embedding individual rights, embedding the Internal Market, rejecting limiting effects of national solidarity). The chapter identifies a number of missed opportunities, and a high degree of in-consistency. A more assertive and consistent approach to solidarity could, however, contribute to sup-porting a more inclusive constitutional discourse on European integration than the mere reliance on liberal constitutional principles.

This lead article in an issue of NZA (New Journal for Labour Law) analyses the "Brexit" process as it stood at the end of February 2019, and explores the consequences of no-deal "Brexit", hard "Brexit" and soft "Brexit" for employment relations from the perspective of German companies and their employees. It highlights that the withdrawal agreement, even if it were accepted, would only create certainty for those employees who are EU citizens and work in the UK at "Brexit" day, as well as those UK citizens who work in an other EU Member State at the same time, while also addressing social security coordination for those who have done the same in the past. Crucial issues for continuing cooperation with UK companies such as posting of workers, recognition of qualifications and above all the question whether UK citizens may continue to work in EU Member States and vice versa will have to be addressed either by nation states or in the future relationship between the EU and the UK, which still needs to be negotiated after the difficult process of withdrawing the UK from the EU is completed. The article concludes that the future relationship, whether after an unmanged, chaotic Brexit or on the basis of a withdrawal agreement, will constitute a new type of a Deep and Comprehensive Free Trade Agreement in the EU's Western Neighbourhood. The existing DCFTAs as well as the labour law provisions in the draft protocol Ireland/Northern Ireland annexed to the draft withdrawal agreement indicate that retaining the current state of approximation of employment laws will be the subject of the the EU / UK DCFTA, though these provisions will profit from weaker implementation than other elements of the future agreement.

The withdrawal of a Member State – even a notoriously reluctant one – illustrates that the individual crises of the EU add up to more than their sum; "Brexit" thus suggests a deeper crisis of the European Union, relating to its substantive constitutional aims. If that is the case, the EU not only needs to administer the first ever withdrawal of a Member State in a measured manner not impacting more than necessary on the relations to its stroppy North-westerly neighbour posed to enhance perceived competitiveness through a deregulation campaign. There is also a necessity of reacting more fundamentally, and to refocus the European Union on facing the future challenges of ecological and socio-economic sustainability while also re-engaging with its citizenry. Since the European Union remains a project based on integration through law, the medium and long-term plans for responding to this situation will have to be grounded in its legal order, without neglecting the societal and political embeddedness of law. This special issue tackles this challenge with a focus on the substantive law of the European Union, asking whether and how the EU should react to "Brexit". It does so based on the idea that it is from the fringes of the European Union that the need for change can best be observed. Accordingly, the issue assembles authors from Ireland, North and South, from Finland, Poland and the UK (with origins in Germany and Greece, though). Alongside debates on the future of EU citizenship, environmental and social policy, the articles also discuss aspects of the rule of law crisis in Poland and perspectives of the EU's breakup for the island of Ireland. This selection is far from eclectic, as it addresses core aspects of the future of the EU as well as the challenges emanating from its Eastern and Western fringes.