Solidarity In Eu Law

The European Union has evolved from a purely economic organisation to a multi-faceted entity with political, social and human rights dimensions. This has created an environment in which the concept of solidarity is gaining a more substantial role in shaping the EU legal order. This book provides both a retrospective assessment and an outlook on the future possibilities of solidarity’s practical and theoretical meaning and legal enforcement in the ever-changing Union.

Bulletin of Comparative Labour Relations Volume 108 The progressive expansion of the phenomenon of posting of workers – the practice whereby a worker is sent for a limited period of time to another Member State in order to provide a service – is a formidable bone of contention in the conflict between a fully integrated internal market economy and Member States’ aims to protect domestic social standards. This book challenges the recently adopted Directive (EU) 957/2018, which came into effect in July 2020, by examining the relevant EU regulatory framework and investigating the actual quantitative dimension of the posting phenomenon and its real impact on the EU labour market. In the process, the author exposes a serious misalignment of the legal framework provided for by the new Directive with the EU values and principles of equality, solidarity and fair competition. Drawing on a wide variety of sources – including Court of Justice case law, Advocate Generals’ opinions, Eurostat data, Commission documents and reports, and academic literature – the author provides in-depth analyses of such elements of the problem as the following: proper definition of the concepts of ‘posting’ and ‘posted worker’ in EU law; host country’s discretion in relation to the part of domestic regulation it can impose on posted employees; misconceived clash between social rights and economic freedoms; coordination of national social security systems; proliferation of unlawful and fraudulent practices; ‘regime shopping’ and exploitation of existing regulatory loopholes; misleading association of posting with issues of ‘social dumping’ and ‘unfair competition’; orientation of political influence during the drafting process of relevant EU legislation; expected controversial economic impact of Directive (EU) 957/2018; concrete realisation of the EU values and principles of equality, solidarity and fair competition; and definition and pursuit of a ‘European social model’. Normative arguments developed in the course of the analysis put forward viable recommendations for future improvements in the field. The Union’s commitment to the development of a ‘European social model’ cannot avoid taking into account the matters of equality, solidarity and fair competition. In this sense, given the increasing prominence of the free movement of services in shaping a European labour market characterised by an ever-growing degree of mobility, this book’s analysis of the phenomenon of posting of workers may serve as a litmus test of political and legislative action at EU level. In its dual analytic and normative aspect, the book takes a giant step towards future discussions and developments in the area of intra-EU labour mobility. It will be welcomed by legal practitioners in labour and social security law and industrial relations, legal scholars, EU institutions and agencies, businesses and trade unions.

This volume approaches the current crisis of solidarity in the European Union from a multidisciplinary perspective. The contributions explore the concept of solidarity, its role in the European integration process, and analyze the risks entailed by a lack of solidarity. Experts from various academic fields, such as political science, law, sociology, and philosophy, shed new light on contemporary challenges such as the migrant and refugee crisis, the Eurozone crisis, nationalist and separatist movements, and Brexit. Finally, they also discuss different solutions for the most pressing problems in EU politics. The book has two main aims: Firstly, to show that solidarity is a key element in solving the EU’s contemporary problems; and secondly, to reveal how the crisis of solidarity has become a crucial test for the integration project, as the nature of the crisis goes beyond the well-known shortcomings in the EU’s structure and problem-solving capacities.

Introduction /Christian Lahusen and Veronica Federico --Denmark /Deniz Neriman Duru, Thomas Spejlborg Sejersen and Hans-Jörg Trenz --France /Manilo Cinalli, Carlo de Nuzzo --Germany /Ulrike Zschache --Greece /Maria M. Mexi --Italy /Veronica Federico and Nicola Maggini --Poland /Janina Petelczyc --Switzerland /Eva Fernández G.G. and Délia Girod --The United Kingdom /Tom Montgomery and Simone Baglioni --Solidarity in the European Union in times of crisis : towards "European solidarity"? /Ester di Napoli and Deborah Russo --Solidarity in times of crisis : disability, immigration and unemployment in Denmark /Deniz Neriman Duru, Thomas Spejlborg Sejersen and Hans-Jörg Trenz --Disability, unemployment, immigraiton : does solidarity matter in times of crisis in France? /Manilo Cinalli, Carlo de Nuzzo --Disability, unemployment, immigration : the implicit role of solidarity in German legislation /Ulrike Zschache --Greece in times of multiple crises : solidarity under stress? /Maria M. Mexi --Disability, unemployment, immigration : does solidarity matter at times of crisis in Italy? /Veronica Federico and Nicola Maggini --Disability, unemployment, immigration : does solidarity matter in times of crisis? : the Polish case /Janina Petelczyc --Switzerland : vulnerable groups and multiple solidarities in a composite state /Eva Fernández G.G. and Tania Abbiate --Solidarity in austerity Britain : the cases of disability, unemployment and migration /Tony Montgomery and Simone Baglioni --Conclusion:Solidarity as a public virture? /Veronica Federico.

This edited volume explores the principle of solidarity in international and EU law. Although the concept is regularly invoked in international and EU legal and policy debates alike, its meaning, nature and functions, as well as normative contours still remain nebulous. The contributions in this volume reflect on the legal trajectory of solidarity in international and EU law and offer unique insights into the evolution and status of the principle in different fields of international and EU law. By doing so, the book also serves as a springboard for answering broader questions pertaining to what the stage of development of this principle may imply for the two legal orders and their interaction. As the chapters of this book show, the debate on solidarity is premised on conflicting visions regarding the values underpinning the international legal order as well as the self-interest or community-oriented driving forces behind States’ action at the international level. The regional (EU law) perspective offers a new lens through which to revisit classic questions pertaining to the nature of modern international law and to assess its continuing relevance in a world of regional organizations presenting different visions (and levels) of co-operation. This book, the second volume to appear in the Global Europe Series, will appeal to international and EU law researchers and policy-makers alike with an interest in the nature and function of the principle of solidarity in international and EU law. Eva Kassoti is Senior researcher in EU and International Law at the T.M.C. Asser Institute in The Hague, The Netherlands and the Academic Co-ordinator of CLEER. Narin Idriz is Researcher in EU Law at the T.M.C. Asser Institute in The Hague, The Netherlands.

Solidarity, although widely used in EU legislation and the early jurisprudence of the Court of Justice of the European Union (CJEU), lacks a clear meaning. It appears as an amorphous concept whose contours change depending on the legal areas and the actors involved, and which generates differing levels of commitment. This article explores the attributes common to the different expressions of solidarity as a binding legal obligation in order to develop European solidarity as an integrated concept. It examines the meaning and boundaries of solidarity by focusing on the reasons that generate solidarity obligations under the EU Treaties and by analysing the case law where the CJEU has drawn on solidarity or could have drawn on it, but decided not to do so. The article concludes that while different aspects of solidarity are embodied in EU legislation, the concept has normative force mainly when it is driven by self-interest in a reciprocal relationship. Although references have been made to its ethical underpinnings, in the absence of a reciprocal return, the normative premises of solidarity have remained weak.

The EU claims that solidarity is a fundamental value underlying the European social model, yet often stands accused of undermining solidarity by advancing market freedoms. This book provides the first extended study of the idea of solidarity in the EU context from interdisciplinary perspectives--analyzing its impact on law and policy.

This is an open access title available under the terms of a [CC BY-NC-ND 4.0] License. It is free to read, download and share on Elgaronline.com. This thought-provoking book examines the socio-legal mechanisms that drive EU constitutional tensions, as well as the role of principles and values in re-directing EU law and policy towards a democratic Social Europe. It addresses the current limits of Social Europe in relation to different areas of EU law, offering a critical assessment of the present status of EU integration.

Starting in the 1980s, competitive pressures and the ideology of competitiveness have shaken and transformed traditional models of development, public policy, and governance in Europe. This edited book carries out a comprehensive, interdisciplinary, and innovative analysis of the relationship between competitiveness and solidarity in the contemporary European Union. It offers an original contribution to the scholarly debates on the current developments and challenges of welfare states, social and economic policies, and forms of governance in the European Union. Bringing together an international team of cutting-edge scholars in the social sciences and the humanities, Competitiveness and Solidarity in the European Union sheds light on the conceptual richness and policy relevance of these relationships, pointing to important avenues to make the European Union more economically successful and socially fairer. This book will be of key interest to scholars and students of European Union studies and, more broadly, of EU Law, Public Policy, Economics, Sociology, Political Science, Geography, and Contemporary History.

The principle of loyalty requires the EU and its Member States to co-operate sincerely towards the implementation of EU law. Under the principle, the European courts have developed significant public law duties on States to deepen the reach of EU law. This is the first full-length analysis of the loyalty principle and its legal implications.