The Internal Market at a Social Turn? Social dumping and the protection of workers

2020 ◽  
Vol 22 (4) ◽  
pp. 403-420
Author(s):  
Catherine Jacqueson
Keyword(s):  
Member State ◽  
Competition Law ◽  
Internal Market ◽  
The Other ◽  
Free Movement ◽  
Race To The Bottom ◽  
The Social ◽  
To Come ◽  
The One ◽  
The Eu

Free movement should in theory enable individuals to fight poverty at home by finding employment in another Member State. Yet, free movement is not always that easy and can in practice lead to social dumping in specific sectors where posted workers ultimately push salaries to the bottom. Such a race to the bottom might also arise outside a free movement context when workers are falsely qualified as self-employed thus undercutting wages. This article argues that EU economic law both creates risks of social dumping and remedies them. It calls for a rebalancing of the liberal ethos of the principle of free movement and competition law on the one hand, and the social objectives of the EU, on the other hand. A key question is whether it is possible to redress the balance between the economic and the social from within the internal market logic or whether the social push has to come from outside.

6. Free movement of persons

2020 ◽  
pp. 121-153
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

11. Free movement of goods

2020 ◽  
pp. 294-322
Author(s):  
Sylvia de Mars
Keyword(s):  
Member State ◽  
Specific Volume ◽  
Internal Market ◽  
Free Movement ◽  
Eu Law ◽  
Legal Rules ◽  
Starting Point ◽  
Free Movement Of Goods ◽  
The Uk ◽  
The Eu

This chapter explores the free movement of goods, which lies at the very heart of the internal market. The idea of the free movement of goods was the starting point that the EEC Treaty aimed for, and remains one of the greatest achievements of the EU to date. However, as with everything in EU law, there are a lot of legal rules underpinning a fairly straightforward concept. The Treaty contains two separate sets of provisions that address matters of taxation when it comes to trade in products. The first relates to border taxation, while the second relates to internal taxation. With regard to non-taxation issues, the primary issue is quantitative restrictions: situations where a Member State either blocks a specific volume of products from entering its market, or outlaws/bans a product altogether. The chapter then considers the exceptions to free movement of goods, and assesses how Brexit may impact on the free movement of goods between the UK and the EU.

Conclusion

2020 ◽  
pp. 197-202
Author(s):  
Jan Zglinski
Keyword(s):  
Member State ◽  
Dynamic Process ◽  
Case Law ◽  
Internal Market ◽  
Free Movement ◽  
State Autonomy ◽  
The Eu

This chapter summarizes the findings of the book and concludes. It explains the implications of deference for free movement law, the internal market, and Member State autonomy as well as for our understanding of judicial behaviour in the EU. The Court of Justice’s growing restraint in parts of its case law will set free capacities for greater activity in others, which may lead to a change of priorities within free movement law but also prompt a shift in attention towards other fields. Although the book identifies long-term developments in free movement adjudication, it, ultimately, remains a snapshot: the internal market is a dynamic process which will continue to evolve.

Right of Residence

2019 ◽  
pp. 113-187
Author(s):  
Elspeth Guild ◽  
Steve Peers ◽  
Jonathan Tomkin
Keyword(s):  
Member State ◽  
Case Law ◽  
The Other ◽  
Free Movement ◽  
Equal Treatment ◽  
Social Benefits ◽  
The One ◽  
The Right ◽  
The Relationship

This chapter details the right of residence provided for in the citizens’ Directive. The citizens’ Directive regulates and gives detailed expression to the right of free movement and residence conferred by the Treaties on Union citizens. At its simplest, the Directive regulates residence on the basis of the intended duration of a stay in another Member State. The chapter then evaluates case law which concerns the relationship between the right to equal treatment, on the one hand, and the right of residence, on the other, and whether mobile Union citizens could rely on the principle of equality as a basis for claiming a right to access social benefits and maintaining a right to reside in a host Member State.

6. Free movement of persons

2018 ◽  
Author(s):  
Matthew J. Homewood
Keyword(s):  
European Union ◽  
Member State ◽  
General Principle ◽  
Internal Market ◽  
Free Movement ◽  
The European Union ◽  
Scope Of Application ◽  
Free Movement Of Persons ◽  
The Right ◽  
The Eu

This chapter discusses the law on the free movement of persons in the EU. Free movement of persons is one of the four ‘freedoms’ of the internal market. Original EC Treaty provisions granted free movement rights to the economically active—workers, persons exercising the right of establishment, and persons providing services in another Member State. The Treaty also set out the general principle of non-discrimination on grounds of nationality, ‘within the scope of application of the Treaty’. All these provisions are now contained in the Treaty on the Functioning of the European Union (TFEU). Early secondary legislation granted rights to family members, students, retired persons, and persons of independent means. The Citizenship Directive 2004/38 consolidated this legislation.

EU Citizens’ Rights in Practice: Exploring the Implementation Gap in Free Movement Law

2019 ◽  
Vol 21 (3) ◽  
pp. 289-312
Author(s):  
Anthony Valcke
Keyword(s):  
National Level ◽  
The Other ◽  
Free Movement ◽  
Member States ◽  
Implementation Gap ◽  
The One ◽  
The Uk ◽  
Movement Rules ◽  
The Eu

Abstract The purpose of this article is to investigate how EU citizens’ free movement rights are applied and enforced in practice and determine whether the situation on the ground demonstrates the existence of a so-called ‘implementation gap’ involving a disconnect between, on the one hand, how the EU free movement rules are intended to operate and, on the other, their application in practice at the national level. Drawing upon a multitude of sources from Belgium, Ireland, Italy, France, Sweden and the UK, an exploration is undertaken of the ways in which this ‘implementation gap’ manifests itself through a review of the various instances where Member States have sought to restrict the exercise of free movement rights through the adoption of national measures relating to the transposition, application and enforcement of Directive 2004/38 on residence rights.

Philosophy in Erection

Paragraph ◽  
2016 ◽  
Vol 39 (2) ◽  
pp. 238-248 ◽  
Author(s):  
Catherine Malabou
Keyword(s):  
The Other ◽  
Social Bond ◽  
The Social ◽  
To Come ◽  
The One ◽  
Two Sides

Dialectics operates, Derrida writes, ‘in raising or erecting what falls’. Yet the Hegelian system is problematized in the sense that, in the Genet column of Glas, what substitutes for the system is not a well-grounded philosophical alternative, but a sort of disseminal substitution itself, working within as much as against the system it resists. The confrontation staged by the text is not between homosexual transgression, on the one hand, and heterosexual normativity as the origin of the social bond, on the other, but instead a confrontation between two perspectives on the transcendental. The problem of Glas is that the two columns seem to ‘come out the same’ (in French ‘revenir au même’, amounting to the same) at the very moment when they seem to radically differ or diverge. Put differently, this problem is that of a contagion between the two sides. Why is there a risk of contagion and of similarity? What does this do to the transcendentality in question?

Lorenzo at ‘The Theatre’ Meeting actors and audience

2018 ◽  
pp. 13-38
Author(s):  
N. Ceramella
Keyword(s):  
Social Structure ◽  
Social Situation ◽  
The Other ◽  
Detailed Account ◽  
The Social ◽  
New Perspective ◽  
The One

The article considers two versions of D. H. Lawrence’s essay The Theatre: the one which appeared in the English Review in September 1913 and the other one which Lawrence published in his first travel book Twilight in Italy (1916). The latter, considerably revised and expanded, contains a number of new observations and gives a more detailed account of Lawrence’s ideas.Lawrence brings to life the atmosphere inside and outside the theatre in Gargnano, presenting vividly the social structure of this small northern Italian town. He depicts the theatre as a multi-storey stage, combining the interpretation of the plays by Shakespeare, D’Annunzio and Ibsen with psychological portraits of the actors and a presentation of the spectators and their responses to the plays as distinct social groups.Lawrence’s views on the theatre are contextualised by his insights into cinema and its growing popularity.What makes this research original is the fact that it offers a new perspective, aiming to illustrate the social situation inside and outside the theatre whichLawrenceobserved. The author uses the material that has never been published or discussed before such as the handwritten lists of box-holders in Gargnano Theatre, which was offered to Lawrence and his wife Frieda by Mr. Pietro Comboni, and the photographs of the box-panels that decorated the theatre inLawrence’s time.

scholarly journals Are We Ready for the Arrival of the New COVID-19 Vaccinations? Great Promises and Unknown Challenges Still to Come

Vaccines ◽  
2021 ◽  
Vol 9 (2) ◽  
pp. 173
Author(s):  
Davide Gori ◽  
Chiara Reno ◽  
Daniel Remondini ◽  
Francesco Durazzi ◽  
Maria Pia Fantini
Keyword(s):  
Herd Immunity ◽  
The Elderly ◽  
Vaccine Hesitancy ◽  
Current Crisis ◽  
Complex Issue ◽  
The Public ◽  
The Social ◽  
To Come ◽  
Vaccination Campaigns ◽  
The Eu

While the SARS-CoV-2 pandemic continues to strike and collect its death toll throughout the globe, as of 31 January 2021, the vaccine candidates worldwide were 292, of which 70 were in clinical testing. Several vaccines have been approved worldwide, and in particular, three have been so far authorized for use in the EU. Vaccination can be, in fact, an efficient way to mitigate the devastating effect of the pandemic and offer protection to some vulnerable strata of the population (i.e., the elderly) and reduce the social and economic burden of the current crisis. Regardless, a question is still open: after vaccination availability for the public, will vaccination campaigns be effective in reaching all the strata and a sufficient number of people in order to guarantee herd immunity? In other words: after we have it, will we be able to use it? Following the trends in vaccine hesitancy in recent years, there is a growing distrust of COVID-19 vaccinations. In addition, the online context and competition between pro- and anti-vaxxers show a trend in which anti-vaccination movements tend to capture the attention of those who are hesitant. Describing this context and analyzing its possible causes, what interventions or strategies could be effective to reduce COVID-19 vaccine hesitancy? Will social media trend analysis be helpful in trying to solve this complex issue? Are there perspectives for an efficient implementation of COVID-19 vaccination coverage as well as for all the other vaccinations?

Interactional means of teaming up: enacting the features of contemporary working life in a theater performance

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Riikka Nissi ◽  
Melisa Stevanovic
Keyword(s):  
Working Life ◽  
Social World ◽  
The Other ◽  
Social Setting ◽  
Live Performance ◽  
Societal Issues ◽  
The Core ◽  
The Social ◽  
Workplace Organization ◽  
The One

Abstract The article examines how the aspects of the social world are enacted in a theater play. The data come from a videotaped performance of a professional theater, portraying a story about a workplace organization going through a personnel training program. The aim of the study is to show how the core theme of the play – the teaming up of the personnel – is constructed in the live performance through a range of interactional means. By focusing on four core episodes of the play, the study on the one hand points out to the multiple changes taking place both within and between the different episodes of the play. On the other hand, the episodes of collective action involving the semiotic resources of singing and dancing are shown to represent the ideals of teamwork in distinct ways. The study contributes to the understanding of socially and politically oriented theater as a distinct, pre-rehearsed social setting and the means and practices that it deploys when enacting the aspects of the contemporary societal issues.

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