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Social Rights in an Age of Austerity: European Perspectives

Social Rights in an Age of Austerity: European Perspectives

Author: Stefano Civitarese Matteucci; Simon Halliday
Publisher: Routledge
ISBN: 9781138700598
Published In: August 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This collection of essays provides an examination of legal reforms of, and legal struggles over, social welfare rights in Europe, focusing on the period since the global economic crisis of 2008. It draws on six descriptive national case studies, representing the biggest European economies - UK, France, Germany, Italy, Spain, Sweden - as a foundation for theoretical work on socio-economic rights. This theory-building runs along two complementary lines.

First, it considers the promise and/or limits of public law rights, including fundamental rights, for protecting social welfare in times of economic crisis. Second, it considers the particular significance of the European context for these articulations of, and struggles over, social welfare rights. Employing a range and depth of expertise across Europe, the book constitutes a timely and highly significant contribution to socio-legal scholarship about the character and resilience of social rights in our national and regional constitutional settings.

Introduction, Stefano Civitarese and Simon Halliday

PART 1: THEORISING LEGAL RIGHTS AND SOCIAL WELFARE

The Role of Judicial Protection of Constitutional Social Rights in Times of Crisis and Austerity, Jeff King

The Social Dimension of Fundamental Rights in Times of Crisis, Francesco Ferraro

Are Minimum Income Rights and Work Conditionality Compatible?, Stuart White

Austerity, Conditionality and the Rule of Law, Michael Adler and Lars Inge

PART 2: NATIONAL CASE STUDIES

Shifting the place of social security: Welfare Reform, Austerity and Social Rights in the UK, Jed Meers

The impact of the financial-economic crisis on the guarantee of social welfare rights: The case of France (Diane Roman, Uni Francois Rabelais, Tours, France)

Welfare Reforms in Germany: between activation policies, social cutbacks, legislative discretion and the fundamental right to minimum subsistence (Ulrike Lembke, Uni of Hamburg)

The Italian Welfare State in Time of Crisis, Alessandra Albanese

Economic Crisis and Welfare Reforms in Spain, Dolores Utrilla

Economic Crisis and the Reform of Welfare in Sweden, Anna-Sara Lind

PART 3: A EUROPEAN CONSTITUTIONALISATION OF SOCIAL RIGHTS?

Free movement of persons and European solidarity revisited: On the fragility of transnational welfare rights in the EU, Stefano Giubboni

Economic Crisis and territorial asymmetrical effects on Social Rights guarantees within Economic and Monetary Union, Francesco Bilancia

'Dignity' as ultimum refugium: austerity and the hollowing out of solidarity, Emilios Christodoulidis and Marco Goldoni

Conclusion, Stefano Civitarese & Simon Halliday