Social Rights And Policies In The European

RESUMEN
This book intends to be a useful tool for both students and researchers. As far as students are concerned, it presents social rights in the EU as a kind of pilot block not only to approach an essential set of fundamental rights, but also to better understand the complexity of the EU legal sources (primary and secondary law), the difficult distribution of competences between the EU and the Member States (through social policy) as well as the complicated functioning of the EU insti-tutional system. In relation to the researchers, this monograph shares likewise a profound reflection (in terms of European Constitutional Law and multilevel constitutionalism) on the current challenges for the effectiveness of social rights under a critical economic and financial scenario, by taking into account the most recent developments as well as synergies and joint efforts of the Council of Europe and the EU.

ÍNDICE
Table of Contents
ABBREVIATIONS13
FOREWORD15
1.INTRODUCTION TO THE EUROPEAN SOCIAL MODEL IN THE FRAMEWORK OF THE GLOBAL ECONOMIC CRISIS17
1.RELATIVIZATION OF THE IMPACT OF THE ECONOMIC CRISIS17
2.FOUNDATIONS OF THE SOCIAL DIMENSION OF EUROPE19
2.GENESIS AND EVOLUTION OF SOCIAL RIGHTS AND POLICIES IN THE EU23
1.THE SOCIAL POLICY AS A PART OF THE OBJECTIVES OF THE EUROPEAN CONSTRUCTION23
2.BALANCING EUROPEAN AND NATIONAL PARAMETERS TO ACHIEVE THE TRANSVERSAL SOCIAL POLICY27
3.THE CONCRETE SOCIAL OBJECTIVES AND THE COUNTERWEIGHT OF COMPETITIVENESS OF THE UNION ECONOMY AS THE MAIN TRANSVERSAL CONCERN30
3.IMPORTANCE OF SOCIAL DIALOGUE BETWEEN THE SOCIAL PARTNERS AT THE EU LEVEL33
1.RECOGNITION OF THE ROLE OF THE SOCIAL PARTNERS IN THE EUROPEAN CONSTRUCTION33
2.THE AIM AND THE TOOLS TO ENCOURAGE SOCIAL DIALOGUE: FOCUS ON THE TRIPARTITE SOCIAL SUMMIT FOR GROWTH AND EMPLOYMENT35
3.BALANCING NATIONAL DIVERSITY AND EUROPEAN UNITY39
4.DYNAMICS OF THE SOCIAL DIALOGUE IN A BROADER SOCIAL EUROPE43
4.PROGRESSIVE EXTENSION OF UNION ACTION TO SOCIAL AREAS47
1.THE REINFORCEMENT OF THE EXPLICIT UNIONS POWERS IN THE SOCIAL FIELD AND THE HORIZONTAL SOCIAL CLAUSE47
2.BALANCING THE SUPPLEMENTARY UNIONS ACTIONS AND THE PRINCIPLES OF EUROPEAN UNION SOCIAL LAW54
3.BALANCING THE UNIONS POWERS AND THE SUBSTANTIAL EXCLUSIONS: A DIFFICULT TENSION BETWEEN STATE MARGIN AND EUROPEAN ACTION57
4.A COMPLEX APPROACH TO SOCIAL POLICY AND FUNDAMENTAL RIGHTS IN A BROADER SOCIAL EUROPE61
5.IMPACT OF CONSULTATION OF MANAGEMENT AND LABOUR AT EU LEVEL65
1.SOCIAL PARTNERS VIEWS CRUCIAL TO BUILDING A SOCIAL EUROPE65
2.MODALITIES OF CONSULTATION UNDER ARTICLE 154 TFEU67
3.A BROADER FRAMEWORK OF SOCIAL CONSULTATION. OTHER STRUCTURES IN SUPPORT OF THE SOCIAL POLICY70
4.EUROPEAN SOCIAL PARTNERS CONTRIBUTION TO ACTIONS AND LEGAL ACTS OF THE EUROPEAN UNION IN THE SOCIAL AREA73
6.LEGAL VALUE OF AGREEMENTS BETWEEN MANAGEMENT AND LABOUR AT EU LEVEL79
1.THE INCREASING LEGAL VALUE OF AGREEMENTS CONCLUDED BETWEEN MANAGEMENT AND LABOUR IN EUROPEAN UNION LAW79
2.ADOPTION AND IMPLEMENTATION OF SUCH EUROPEAN AGREEMENTS83
3.PROCEDURAL AND SUBSTANTIAL RIGHTS AT STAKE85
4.THE IMPACT OF EUROPEAN AGREEMENTS IN A BROADER SOCIAL EUROPE88
7.MULTIPLICITY OF INTEGRATION APPROACHES IN THE SOCIAL FIELD93
1.THE COMPLEXITY OF INTER-STATE COOPERATION ON SOCIAL POLICY SINCE THE ORIGINS OF THE EUROPEAN CONSTRUCTION93
2.FROM A DIFFICULT HARMONIZATION TO AN OPEN METHOD OF COORDINATION IN THE SOCIAL FIELD99
3.THE IMPACT OF EUROPEAN SOFT-LAW AND THE REAL WEIGHT OF THE GOALS IN THE SOCIAL FIELD103
4.THE SOCIAL DIMENSION AS A NECESSARY FEATURE OF THE INTEGRATED VISION OF EUROPE 2020105
8.THE INCREASING INTEREST IN COMBATING THE GENDER PAY GAP IN THE EU109
1.EQUAL PAY BETWEEN MEN AND WOMEN IN THE EUROPEAN CONSTRUCTION109
2.THE SPECIFIC PRINCIPLE OF EQUAL PAY IN A BROADER FRAMEWORK OF EQUALITY BETWEEN WOMEN AND MEN AS WELL AS OF TENSION BETWEEN ECONOMIC AND SOCIAL GOALS114
3.EQUAL PAY FOR MALE AND FEMALE WORKERS AS BOTH A PRINCIPLE OF EUROPEAN UNION SOCIAL LAW AND A FUNDAMENTAL RIGHT119
4.NEW CHALLENGES IN A BROADER SOCIAL EUROPE122
9.RECENT CONTROVERSIES ON AUSTERITY MEASURES AND SOCIAL STANDARDS127
1.GENERAL APPROACH TO AUSTERITY MEASURES WITH REGARD TO SOCIAL RIGHTS127
2.SPECIFIC APPROACH TO ANTI-CRISIS LEGISLATION129
2.1.Flexicurity and labour market policy130
2.2.Flexicurity and pension system132
3.ARRANGING MULTILEVEL SPHERES OF AUTHORITY134
3.1.The Council of Europe level135
3.2.The European Union level137
3.3.The global judicial dialogue: interaction with the national judges140
10.CONCLUDING REMARKS AND PROPOSALS: TOWARDS THE BEST ATTAINABLE STANDARD IN THE FIELD OF SOCIAL RIGHTS145
1.THE ECONOMIC CRISIS AND THE CHALLENGE OF INDIVISIBILITY OF ALL HUMAN RIGHTS145
2.EXPLOITATION OF THE CHARTER OF FUNDAMENTAL RIGHTS AND THE EU ACCESSION TO THE EUROPEAN SOCIAL CHARTER150
SELECTED REFERENCES155