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Social Rights and the European Monetary Union: Challenges Ahead

Edited by: Maribel González Pascual, Aida Torres Pérez

ISBN13: 9781839105241
Published: October 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £94.00



Despatched in 4 to 6 days.

This thought-provoking book examines the state of the European Monetary Union (EMU) and its shortcomings in terms of social rights protection in the context of the COVID-19 pandemic and the aftermath of the Euro crisis. Providing a critical analysis of the basic tenets of European economic governance, it highlights current challenges for a Social Europe and proposes new avenues for tackling these issues.

Focusing on the existing mechanisms of social rights protection in the EU, chapters explore the imbalance between economic and social goals within the EMU, discussing how to strengthen the building blocks of Social Europe in order to address this. The book also investigates the challenges for the adjudication of social rights before European and domestic courts, and considers alternative models of judicial review that offer better protection in the context of crisis.

Scholars and students of EU law, constitutional law, and public international law will find this book a crucial read, in particular those with an interest in law and economics. It will also be useful for EU law practitioners working in social rights.

Subjects:
EU Law, Law and Society
Contents:
Introduction to Social Rights and the European Monetary Union
Maribel González Pascual and Aida Torres Pérez
PART I. THE BUILDING BLOCKS OF SOCIAL RIGHTS’ PROTECTION IN THE EU
1. The dimensions of the principle of solidarity in the European Union
Karl-Peter Sommermann
2. Social rights protection in the EU: unlocking the social content of the EU Charter
Maribel González Pascual
PART II. THE EMU AS A CHALLENGE FOR SOCIAL RIGHTS
3. The emergence of the new over-riding objective of financial stability
Klaus Tuori and Fernando Losada
4. Social rights and the disintegration of (and through) law in the Economic and Monetary Union: taking stock and looking forward
Francesco Costamagna and Filippo Croci
5. Towards a meaningful integration of fundamental (social) rights in EMU governance
Paul Dermine
6. The human rights puzzle of the euro-crisis: why massive breaches of human rights but none of the EU Charter of Fundamental Rights?
Claire Kilpatrick
PART III. THE ROLE OF COURTS WITHIN THE EMU
7. The CJEU as guardian of social rights? The legacy of the European financial crisis
Anastasia Poulou
8. The justiciability of ‘social rights’: evidence from crisis-ridden Greece
Lina Papadopoulou and Nada Bodiroga-Vukobrat in memoriam
9. The uncertain structure of process-based proportionality review in the EU: looking back at the debate on
the CJEU’s Weiss ruling and the German Federal Constitutional Court’s PSPP ruling
Oliver Gerstenberg
10. Adjudication of socioeconomic rights by the CJEU: towards a new form of judicial review?
Aida Torres Pérez