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Vol 21 No 11 Nov/Dec 2016

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Resocialising Europe in a Time of Crisis

Edited by: Nicola Countouris, Mark Freedland

ISBN13: 9781107041745
Published: October 2013
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £65.00



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Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But arguably, with the inclusion of a 'Solidarity' chapter in the Charter of Fundamental Rights, the EU social profile has entered a deep period of crisis. The ECJ judgments exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis and the social conditions attached to 'bail out' packages are further indication of the continuing social retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.

Subjects:
EU Law
Contents:
Introduction
The myths and realities for 'social Europe' Nicola Countouris and Mark Freedland

Part I. Social Europe and the Crisis of Idea(l)s:
1. Towards a European policy on work Alain Supiot
2. Entrenching neo-liberalism: the current agenda of European social policy Colin Crouch
3. Completing economic and social integration: towards labour law for the United States of Europe Frank Hendrickx
4. International labour standards and EU labour law Giuseppe Casal
5. The European Social Charter: could it contribute to a more social Europe? Monika Schlachter
6. Completing the picture: the complex relationship between EU anti-discrimination law and 'social Europe' Colm O'Cinneide
7. Breaking the mould: equality as a proactive duty Sandra Fredman
8. The sovereign debt crisis and the evolution of labour law in Europe Simon Deakin and Aristea Koukiadaki

Part II. Addressing Precariousness in Work:
9. Disturbing equilibrium and transferring risk - confronting precarious work Sonia McKay
10. Resocialising temporary agency work through a theory of 'reinforced' employers' liability Consuelo Chacartegui
11. Regulating atypical work: beyond equality Anne Davies
12. The charter in time of crisis: a case study of dismissal Catherine Barnard
13. Job security: a challenge for EU social policy Manfred Weiss
14. Flexibility and enterprise risk: employees as stakeholders in corporate governance Wanjiru Njoya
15. The changing face of 'flexicurity' in times of austerity? Astrid Sanders
16. Equality, fair-mutualisation and the socialisation of risk and reward in European pensions Kendra Strauss

Part III. Reinventing the Collective Dimensions of Social Europe:
17. Solidarity and the re-socialization of risk: analysing ETUC strategies to face the crisis Julia Lopez
18. For better or for worse? Transnational solidarity in the light of social Europe Catherine Jacqueson
19. Resocialising Europe through a European right to strike modelled on the Social Charter? Andrzej Marian Swiatkowsk
20. Re-socialising collective deliberations Silvana Sciarra
21. The emergence of socially sustainable sourcing: a mechanism for protecting labour standards in the context of collective bargaining decline Chris Wright and William Brown
22. Migrant workers and collective bargaining: institutional isomorphism and legitimacy in a resocialised Europe Lydia Hayes, Tonia Novitz and Petra Herzfeld Olsson
23. The European social dialogues - from autonomy to here Alan Bogg and Ruth Dukes

Epilogue Nicola Countouris and Mark Freedland.