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Vol 23 No 2 Feb/March 2018

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Cover of The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

The UK Supreme Court Yearbook Volume 8: 2016-2017 Legal Year

Edited by: Daniel Clarry
Price: £120.00

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The Lisbon Treaty and Social Europe

Edited by: Niklas Bruun, Klaus Lorcher, Isabelle Schomann

ISBN13: 9781849462532
Published: May 2012
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £50.00

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On 1 December 2009 the Treaty of Lisbon entered into force. Although often described as primarily technical it significantly amended the Treaty on the European Union (TEU) and the old EC Treaty (now the Treaty on the Functioning of the European Union, TFEU).

The authors' aim in this book is to explore what the Treaty means for social law and social policy at the European level. The first part of the book on the general framework looks - at a time of financial crisis - for new foundations for Europe's Social market economy, questions the balance between fundamental social rights and economic freedoms, analyses the role of the now binding Charter of Fundamental Rights, maps the potential impact of the horizontal clauses on social policy, and addresses the possibilities for social partners to enlarge their role in labour law and industrial relations.

The second part, on the social framework of the Treaty, focuses on the development of the Union's competences. In it the authors evaluate the consequences of the new general framework on social competences, analyse the evolution of the principle of subsidiarity and its impact in the new Treaty, look at the coordination of economic policies in the light of fundamental rights, and analyse the adoption in the Treaty of a new architecture for services of general interest.

EU Law
Part I: The General Framework or Primacy of the Social Dimension (Principles)
1. The Lisbon Treaty, the Viking and Laval Judgments and the Financial Crisis: In Search of New Foundations for Europe's 'Social Market Economy'
Simon Deakin
2. Values and Objectives
Filip Dorssemont
3. The Lisbon Treaty and the Charter of Fundamental Rights of the European Union
Csilla Kollonay-Lehoczky, Klaus Lörcher and Isabelle Schömann
4. How the Horizontal Social Clause can be made to Work: The Lessons of Gender Mainstreaming
Pascale Vielle
5. The Role of the Social Partners in the Lisbon Treaty
Bruno Veneziani
Part II: The Social Framework or Substance of the Social Dimension (Instruments)
6. Social Competences
Klaus Lörcher
7. The Principle of Subsidiarity in the Lisbon Treaty
Thomas Blanke
8. Economic Governance of the EU Crisis and its Social Policy Implications
Niklas Bruun
9. Services of General Interest and the Treaty of Lisbon
Antoine Jacobs
Conclusions: Concerning the Lisbon Treaty and Social Europe: A Complex Relationship that has only just started to Evolve
Appendices: Recommendations by the Transnational Trade Union Rights (TTUR) Expert Group to the European Trade Union Confederation (ETUC) on the effective application of Article 152 of the Treaty on the Functioning of the European Union (TFEU)