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The Lisbon Treaty and Social Europe

Editor(s): Niklas Bruun, Klaus Lörcher, Isabelle Schömann
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Published: 08-05-2012
Format: PDF eBook (?)
Edition: 1st
Extent: 348
ISBN: 9781847319395
Imprint: Hart Publishing
RRP: £54.00
Online price : £32.40
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About The Lisbon Treaty and Social Europe

On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical, it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU). The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations.

The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

Table Of Contents

Part I: The General Framework or Primacy of the Social Dimension (Principles)
1. The Lisbon Treaty, the Viking and Laval Judgments and the Financial Crisis: In Search of New Foundations for Europe's 'Social Market Economy'
Simon Deakin
2. Values and Objectives
Filip Dorssemont
3. The Lisbon Treaty and the Charter of Fundamental Rights of the European Union
Csilla Kollonay-Lehoczky, Klaus Lörcher and Isabelle Schömann
4. How the Horizontal Social Clause can be made to Work: The Lessons of Gender Mainstreaming
Pascale Vielle
5. The Role of the Social Partners in the Lisbon Treaty
Bruno Veneziani
Part II: The Social Framework or Substance of the Social Dimension (Instruments)
6. Social Competences
Klaus Lörcher
7. The Principle of Subsidiarity in the Lisbon Treaty
Thomas Blanke
8. Economic Governance of the EU Crisis and its Social Policy Implications
Niklas Bruun
9. Services of General Interest and the Treaty of Lisbon
Antoine Jacobs
Conclusions: Concerning the Lisbon Treaty and Social Europe: A Complex Relationship that has only just started to Evolve
Appendices: Recommendations by the Transnational Trade Union Rights (TTUR) Expert Group to the European Trade Union Confederation (ETUC) on the effective application of Article 152 of the Treaty on the Functioning of the European Union (TFEU)


“...should be read by anyone interested in Europe's future, labour lawyers and non-labour lawyers alike.” –  Amy Ludlow, Cambridge Law Journal, Volume 72, 2

“Isabelle Schömann, Klaus Lörcher and Niklas Bruun have put together a remarkable set of nine essays analysing the implications of the Lisbon Treaty for social law and social policy at both European and national levels. This is a challenging task requiring scholars with a broad and profound knowledge of social policies and EU law, history and politics – a requirement met by the 10 authors whose different chapters are also stylistically quite homogenous.

All in all, The Lisbon Treaty and Social Europe could be of interest to a wide audience. It is a 'must' for all scholars interested in an original and rigorous analysis of present and future trends in the European Union. Thanks to the methodological approach used by some authors, it constitutes a comprehensive guide for anyone wishing to understand what the over-discussed Social Europe means today and what path has been taken up to now to arrive at where we are. Furthermore, the many academic, political and legal bibliographic references make the book real food for thought. In conclusion, the book could be of use to trade unions, bearing in mind that their rights are becoming less and less a purely national issue.
” –  Giulia Frosecchi, Transfer 1-2013

“All of these essays are characterised by clear scientific vigour and free thinking.” –  Michel Theys, Bulletin Ouotidien Europe No. 10685

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