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Vol 21 No 11 Nov/Dec 2016

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Social Law and Policy in an Evolving European Union

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ISBN13: 9781841131078
ISBN: 1841131075
Published: December 2000
Publisher: Hart Publishing
Format: Hardback
Price: £63.00



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Social law and policy have been moving increasingly into the mainstream of the European Union. There have been important changes to the Treaty framework for enacting social policy, bringing the role of the social partners to the fore. New Treaty provisions for adopting discrimination legislation have highlighted the potential role of the EU in combatting aspects of social exclusion, and in challenging disturbing phenomena such as racism and xenophobia. Social policy is increasingly linked to the emerging notion of Union citizenship. The arrival of the single currency in 1999 is now matched by a more pro-active EU-level policy on employment and the labour market. The analyses in this collection address these and other questions against the backdrop of the longstanding controversies over the nature and scope of EU social policy, including the UK's opt-out from certain provisions between 1993 and 1997, and the ongoing debate about whether EU social policy has, or should have, a social or an economic rationale.

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Contents:
Part 1 Introduction, Jo Shaw.
Part 2 Social policy in a climate of economic constraints: the integrationist rationale for European social policy, Phil Syrpis; social solidarity - a buttress against internal market law?, Tamara Hervey; regulating competitive federalism in the European Union? the case of EC social policy, Catharine Barnard; the contested meaning of labour market flexibility - economic theory and the discourse of European integration, Simon Deakin and Hannah reed.
Part 3 National cultures, national laws and EU law and policy: the challenge of Europeanisation and globalisation in the field of labour relations - the Nordic case, Niklaas Bruun; community sex discrimination in national courts - a legal cultural comparison, Chloe J. Wallace; addressing gender in national and community law and policy-making, Fiona Beveridge, Sue Nott and Kyle Stephen.
Part 4 Strategies for equality, employment and employment equity: equality and diversity - anti-discrimination law after Amsterdam, Mark Bell; affirmative action and the court of justice - a critical analysis, Sandra Freedman; the evolving European employment strategy, Erika Szyszczak.
Part 5 Hidden agendas - family formations and human capital development: a family law for the European Union?, Clare McGlynn; transferability of educational skills and qualifications in the European Union - the case of EU migrant children, Helen Stalford; consumption, capitalism and the citizen - sexuality and equality rights discourse in the European Union, Carl F. Stychin.
Part 6 Building the normative dimension: legitimising EU law - is the social dialogue the way forward? some reflections around the UEAPME case, Nick Bernard; converse pyramids and the EU social constitution, Barry Fitzpatrick; Europe's social self - ""the sickness unto death"", Miguel Poiares Maduro.