scholarly journals Drawing Positive Lessons From the Presence of ‘The Social’ Outside of EU Social Policy Stricto Sensu

2018 ◽  
Vol 14 (1) ◽  
pp. 75-95 ◽  
Author(s):  
Elise Muir
Keyword(s):  
Social Justice ◽  
Social Policy ◽  
Social Exclusion ◽  
Economic Integration ◽  
Fundamental Rights ◽  
Social Implications ◽  
Social Challenges ◽  
The Social ◽  
The Eu

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.

How the European Union Keeps the Social Welfare Debate on Track: A Lawyer's View of the EU Instruments Aimed at Combating Social Exclusion

2002 ◽  
Vol 4 (2) ◽  
pp. 117-150 ◽  
Author(s):  
Paul Schoukens
Keyword(s):  
Social Exclusion ◽  
Fundamental Rights ◽  
Current Debate ◽  
The European Union ◽  
Legal Perspective ◽  
The Social ◽  
Charter Of Fundamental Rights ◽  
Definition Of ◽  
Treaty Of Amsterdam ◽  
The Eu

The article provides a legal perspective on the current debate on combating social exclusion at the EU level. In the first place, it attempts to provide a legal definition of the concept of social exclusion. It then investigates whether there have been any dramatic changes in the competencies of the EU to act in the field of social exclusion since the Treaty of Amsterdam came into force. The open method of coordination, the Treaty of Nice and the EU Charter of Fundamental Rights are all assessed regarding their potential for combating social exclusion.

scholarly journals EU SOCIAL POLICY: CHALLENGES AND PROSPECTS

2017 ◽  
pp. 80-90
Author(s):  
Kateryna Slyusarenko ◽  
Maryna Sadovenko
Keyword(s):  
Social Policy ◽  
Economic Integration ◽  
Social Protection ◽  
Eu Member States ◽  
Current Trends ◽  
The Social ◽  
Policy Models ◽  
The Uk ◽  
The Eu

Introduction. Reform of the social policy is one of the most important issues not only for individual the EU Member States but for the EU as a whole. The economic integration in the absence of adequate social protection means the growth of inequality, insecurity and marginalization among EU citizens. Areas of solving economic and social problems, which worsened in recent years because of military action in Syria and Ukraine and exit of the UK out of the EU (Brexit), should be aimed at preserving the EU single market, reforming the labour market and social policies. Purpose. The article aims to assess the trends and problems of implementation of government social policy and social protection in the EU and to identify areas of social policy reforming. Results. The classification of social policy models has been proposed. Analysis of current trends in social protection has been carried out. The spending for social protection in the EU has been estimated. On the basis of research the problems in EU social policy have been outlined. The ways of its reforming have been determined.

The Democratic Costs of Constitutionalization— The European Case

2017 ◽  
Author(s):  
Dieter Grimm
Keyword(s):  
At Risk ◽  
Economic Integration ◽  
Fundamental Rights ◽  
European Law ◽  
European Court ◽  
Political Implications ◽  
The Impact ◽  
The Relationship ◽  
The Eu

This chapter examines the democratic costs of constitutionalization by focusing on the European case. It first considers the interdependence of democracy and constitutionalism before discussing how constitutionalization can put democracy at risk. It then explores the tension between democracy and fundamental rights, the constitutionalization of the European treaties, and the European Court of Justice’s (ECJ) two separate judgments regarding the relationship between European law and national law. It also assesses the impact of the ECJ’s jurisprudence on democracy, especially in the area of economic integration. The chapter argues that the legitimacy problem the EU faces is caused in part by over-constitutionalization and that the remedy to this problem is re-politicization of decisions with significant political implications.

scholarly journals Social exclusion: re-examining its conceptual relevance to tackling inequality and social injustice

2015 ◽  
Vol 35 (9/10) ◽  
pp. 600-617 ◽  
Author(s):  
Clive Sealey
Keyword(s):  
Social Justice ◽  
Social Policy ◽  
Social Exclusion ◽  
Design Methodology ◽  
Value Added ◽  
Social Injustice ◽  
Critical Approach ◽  
Content Type ◽  
It Value ◽  
Significant Difference

Purpose – The purpose of this paper is to rationalise the continued conceptual utility of social exclusion, and in so doing addresses the prevailing question of what to do with it. This is relevant from social exclusion’s declining relevance in contemporary UK social policy and academia, where its consideration as a concept to explain disadvantage is being usurped by other concepts, both old and new. Design/methodology/approach – The paper analyses criticisms of limitations of social exclusion which have typically centred on the operationalisation of the concept, but the author will argue that there are distinctive operationalisation and conceptual strengths within social exclusion which make it value-added as a concept to explain disadvantage. Specifically, there will be an analysis of both New Labour’s and the present Coalition government’s conceptualisation of the term in policy in relation to work. Findings – The analysis highlights the significant difference that a focus on processes rather than outcomes of social exclusion can make to our understanding of inequality and social injustice, and locates this difference within an argument that social exclusion’s true applied capabilities for social justice requires a shift to a conceptualisation built on the processes that cause it in the first place. Originality/value – The paper acts as a rejoinder to prevailing theoretical and political thinking of the limited and diminishing value of social exclusion for tackling disadvantage. In particular, the paper shows how social exclusion can be conceptualised to provide a critical approach to tackling inequality and social injustice, and in doing so foregrounds the truly applied capabilities of social exclusion for transforming social justice.

SOCIAL WELFARE OF MIGRANT WORKERS IN THE EU: COMPARATIVE MODELS IN THE CONTEXT OF THE LEGAL INTEGRATION SYSTEM OF THE EAEU STATES

2021 ◽  
pp. 115-124
Author(s):  
Dmitry V. Agashev ◽  
◽  
Sergey G. Trifonov ◽  
Kristine V. Trifonova ◽  
◽  
...  
Keyword(s):  
Social Policy ◽  
Social Welfare ◽  
Migrant Workers ◽  
Legal Aspects ◽  
Current State ◽  
The Social ◽  
Security Relations ◽  
Legal Space ◽  
The Difference ◽  
The Eu

The article assesses the EU legal system as a unique institutional unit and highlights its features. It deals with the comparative legal aspects of the regulation of the social welfare of migrant workers in the EU and the EAEU. Attention is paid to the study of legislation on social welfare for migrant workers in the EU, as well as the possibility of realizing the experi-ence accumulated within the EAEU. It is emphasized that the use of comparative models con-cerning the social welfare of migrant workers in the EU and the EAEU can be productive, taking into account the analysis of the state and dynamics of the EU's legal policy in its historical development. The authors have analyzed the historical stages reflecting the difference within the EU approaches to the regulation of social welfare relations for migrant workers. The emphasis is on the role of EU administrative institutions, which provide a balancing approach to the key principles and social policy settings, due to the desire to eliminate distortions and possible conflicts between the norms of states. At the same time, EU members have the competence within the existing common standards of financial security obligations to expand the estab-lished standards and this makes the EU's social policy geographically differentiated. It is noted that the allied states, formed on trade and economic grounds, such as the EU and the EAEU, are characterized by an objective desire for a single legal space, with the uni-fication of approaches on the social welfare of migrant workers throughout the Union. Never-theless, in complex interstate unions, it is impossible to abandon the principle of multi-level regulation of social and security relations, and in this sense, the situation in the EU and the EAEU is quite similar. The current state of EU law in terms of regulating the relations under consideration largely preserves national legal regimes, and each of them, through its special legal means, determines a different amount of social rights of migrant workers. In the context of the EAEU, a similar approach should not be considered productive, since it does not contribute to the goals of this interstate association, defined by Article 4 of the Treaty on its creation. Therefore, within the framework of the EAEU, it is advisable to fix as early as possible the uniform standards in the area of social welfare of migrant workers, estab-lishing a relatively narrow range of powers of the member states of the Union.

Transmigration: the rise of flexible migration strategies as part of superdiversity

2020 ◽  
pp. 100-121
Author(s):  
Dirk Geldof ◽  
Mieke Schrooten ◽  
Sophie Withaeckx
Keyword(s):  
Social Policy ◽  
Social Workers ◽  
Urban Areas ◽  
Social Problems ◽  
Migration Studies ◽  
Scientific Debate ◽  
The Social ◽  
Policy Frameworks ◽  
Migration Strategies ◽  
The Eu

This chapter assesses transmigration. Within the fields of migration studies and superdiversity, transmigration and its impact on social policy are still underexplored. Yet, the rising number of transmigrants within Europe — from outside the EU as well as intra-EU-mobility — does not only challenge ideas of belonging and integration, but also existing concepts of governance and social policy. By foregrounding the cases of Brazilian, Ghanaian, and Moroccan transmigrants residing in Belgium in 2014–15, the chapter contributes to a scientific debate regarding these topics. It presents the results of a research project in the two main superdiverse Belgian cities (Brussels and Antwerp), focusing on the social problems and vulnerabilities that relate to transmigration and its inherent temporality and the way that these are experienced and addressed by social workers in superdiverse urban areas within policy frameworks that often do not (yet) recognise the changing context.

Multilevel Constitutionalism and the Propertisation of EU Copyright

2021 ◽  
pp. 241-266
Author(s):  
Caterina Sganga
Keyword(s):  
Careful Analysis ◽  
Social Function ◽  
Fundamental Rights ◽  
Cultural Policies ◽  
The Social ◽  
Eu Copyright Law ◽  
The Common ◽  
Property Model ◽  
The Eu

This chapter examines the common mantra in contemporary scholarship that the constitutionalisation of copyright as property right has contributed to the reinforcement of its protection vis-à-vis other interests and rights, with distortive consequences on the already fragile copyright balance. In the EU, this fear has been reinforced by the language of Art 17(2) CFREU (‘intellectual property shall be protected’). However, the chapter argues that a more careful analysis proves this narrative wrong and simplistic because it ignores elements which could open the door to different interpretative results, where the classification of copyright under the umbrella of constitutional property may, instead, create internal limits to authors' exclusive rights and lead to their functionalisation to alternative goals chosen for the copyright system. It demonstrates how the property model stemming from the combination of common constitutional traditions and EU sources is not absolute, but carries the imprint of the social function doctrine, which limits property rights from inside their structure. The chapter then contends that a correct constitutional propertisation of EU copyright law would not tilt the balance between copyright and other fundamental rights, and that between copyright and the EU social and cultural policies but, rather, would but preserve and guide such balancing exercises.

Adjudicating the European Social Market

2018 ◽  
pp. 51-106
Author(s):  
Oliver Gerstenberg
Keyword(s):  
Fundamental Rights ◽  
Social Democrats ◽  
The Social ◽  
Depth Analysis ◽  
Charter Of Fundamental Rights ◽  
Consumer Contracts ◽  
Unfair Terms ◽  
The One ◽  
Social Market ◽  
The Eu

At a first glance, to many observers the EU may appear to be an improbable illustration of the possibility of an extension of legitimacy and democratic justice beyond the state. In contemporary European constitutional debate constitutionalism and social democracy have become antagonists, with the survival of the one seeming to require sacrifice of the other. Authors in the tradition of ordoliberalism have celebrated the Europeanization process because it seemed to ultimately disconnect constitutionalism from democratic practice and to firmly entrench a logic of market evolution that marginalizes politics. Social democrats, by contrast, have come to believe that democracy can only flourish if the solidary politics of the nation retains its sovereignty against cosmopolitan, ‘constitutional’ intrusions from without. Proposals to deepen constitutional integration therefore give rise to the social-democratic objection. This chapter offers a stylized account of both views, which more or less mirror one another. This chapter then also provides an in-depth analysis of the CJEU’s jurisprudence in various domains regarding the efficacy of the Charter of Fundamental Rights of the EU (CFREU) in European private law: employment law and unfair terms in consumer contracts in particular. The chapter concludes that, contrary to expectations and concerns about a constitutional asymmetry between economic freedoms and fundamental social rights, the CJEU has in fact in many cases raised the standard of protection beyond the standard envisaged by national legal orders, thereby unblocking development.

Social Exclusion and Inclusion

2013 ◽  
Author(s):  
Karen Lyons ◽  
Nathalie Huegler
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Social Work ◽  
International Development ◽  
Social Exclusion ◽  
Social Inclusion ◽  
The Social ◽  
Late Twentieth ◽  
Definition Of ◽  
Late Twentieth Century

The term social exclusion achieved widespread use in Europe from the late twentieth century. Its value as a concept that is different from poverty, with universal relevance, has since been debated. It is used in Western literature about international development, and some authors have linked it to the notion of capabilities. However, it is not widely used in the social work vocabulary. Conversely, the notion of social inclusion has gained in usage and application. This links with values that underlie promotion of empowerment and participation, whether of individuals, groups, or communities. Both terms are inextricably linked to the realities of inequalities within and between societies and to the principles of human rights and social justice that feature in the international definition of social work.

Social Policy and Social Justice

1974 ◽  
Vol 3 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Robert Pinker
Keyword(s):  
Social Justice ◽  
Social Policy ◽  
Social Welfare ◽  
Social Division ◽  
Moral Ideals ◽  
The Social

In this review of the changing relationship between social policy and social justice I will be concerned with three main areas of debate. Firstly, I wish to attempt a clarification of the moral ideals of social welfare which find expression in those criteria of social justice by which people in similar states of need are treated differently. My second concern is to review and redefine what constitutes the social division of welfare in Britain today. Thirdly, I wish to explore the extent to which these ideals of social welfare complement or conflict with one another.

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