This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.
Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis.
Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.
Arvustused
This valuable book comes at a key time: as the EU and its member states wrestle with the mid to long-term social and economic impacts of the COVID-19 pandemic. The contributions engage effectively with the post-financial crisis EMU as a challenge for social rights enjoyment, while clearly locating that challenge in the historic marginalisation of social rights in EU governance. This volume will be of interest to anyone concerned about existing and potential mechanisms of social rights protection in the EU. -- Aoife Nolan, University of Nottingham, UK
Contents:
Introduction to Social Rights and the European Monetary Union 1
Maribel González Pascual and Aida Torres Pérez
PART I THE BUILDING BLOCKS OF SOCIAL
RIGHTS PROTECTION IN THE EU
1 The dimensions of the principle of solidarity in the
European Union 7
Karl-Peter Sommermann
2 Social rights protection in the EU: unlocking the social
content of the EU Charter 25
Maribel González Pascual
PART II THE EMU AS A CHALLENGE FOR SOCIAL RIGHTS
3 The emergence of the new over-riding objective of
financial stability 51
Klaus Tuori and Fernando Losada
4 Social rights and the disintegration of (and through) law
in the Economic and Monetary Union: taking stock and
looking forward 71
Francesco Costamagna and Filippo Croci
5 Towards a meaningful integration of fundamental (social)
rights in EMU governance 97
Paul Dermine
6 The human rights puzzle of the euro-crisis: why massive
breaches of human rights but none of the EU Charter of
Fundamental Rights? 121
Claire Kilpatrick
PART III THE ROLE OF COURTS WITHIN THE EMU
7 The CJEU as guardian of social rights? The legacy of the
European financial crisis 143
Anastasia Poulou
8 The justiciability of social rights: evidence from
crisis-ridden Greece 162
Lina Papadopoulou and Nada Bodiroga-Vukobrat in memoriam
9 The uncertain structure of process-based proportionality
review in the EU: looking back at the debate on
the CJEUs Weiss ruling and the German Federal
Constitutional Courts PSPP ruling 187
Oliver Gerstenberg
10 Adjudication of socioeconomic rights by the CJEU:
towards a new form of judicial review? 205
Aida Torres Pérez
Index
Edited by Maribel González Pascual, Advisor to the Minister on Territorial Politics; Associate Professor of Constitutional Law, Universitat Pompeu Fabra and Aida Torres Pérez, Associate Professor of Constitutional Law and ICREA Research Professor, Universitat Pompeu Fabra, Spain
Lisainfo e-raamatute kohta