European Union Law

Promoting Solidarity in the European Union

Edited by Malcolm Ross · Yuri Borgmann-Prebil
Oxford University Press June 2010

Specifications

ISBN-13
9780199583188
Publisher
Oxford University Press
Publication
June 2010
Format
Hardback
Jurisdiction
European Union ? Countri(es) for reference only

Details

  • Offers the first extended analysis of the role of solidarity in shaping EU law and policy
  • Offers interdisciplinary and multinational approaches, drawing on experts in the area from law, sociology and political science
  • Coverage extends beyond the usual topics in which solidarity is invoked, to include its impact on issues such as education and environmental policy

The European Commission has claimed that 'Solidarity is part of how European society works...'. But how are we to understand solidarity, and what are its implications to Government policy? Promoting Solidarity in the European Union addresses the question of what solidarity might mean today and its relevance to the purposes of the European Union and the way it functions. Is solidarity just a slogan or can it have meaningful legal and policy content? Contributions from leading scholars in law, politics, and sociology are brought together in this volume to discuss an idea that is coming under fresh scrutiny at a time when the EU's direction following the implementation of the Lisbon Treaty is hotly debated. The book engages with both the content and limitations of solidarity as a concept in political and legal debate, and its application to specific fields such as migration, education and pensions policies.

The book provides a thoughtful and provocative analysis of the power and potential of solidarity, applying a sceptical and rigorous assessment of the conditions necessary for it to make a difference to the European political and legal space at a time when traditional manifestations of national solidarity (e.g. in health care) are perceived to be under threat from EU market liberalization policies. A number of chapters consider whether an EU concept of solidarity is possible and how that might affect the balance between market and social priorities for the Union's future.

If the EU is to be more than just a market, promoting solidarity as a value and a principle has a key role. This rich collection of essays explores how solidarity might fulfil its status as a core value for the Union.

Readership: Academics and research students of EU law and integration, as well as advanced political science students and scholars working on European welfare states.

Table of Contents

1: Yuri Borgmann-Prebil and Malcolm Ross: Promoting European Solidarity - Between Rhetoric and Reality?
2: Malcolm Ross: Solidarity - A New Constitutional Paradigm for the EU?
3: Wolfram Lamping: Mission Impossible? Limits and Perils of Institutionalizing Post-National Social Policy
4: Catherine Barnard: Solidarity and the Commission's 'Renewed Social Agenda'
5: Gareth Davies: The Price of Letting Courts Value Solidarity: The Judicial Role in Liberalizing Welfare
6: Clemens M. Rieder: When Patients Exit, What Happens to Solidarity?
7: Chris Hilson: EU Environmental Solidarity and the Ecological Consumer: Towards a Republican Citizenship
8: Mark Bell: Irregular Migrants: Beyond the Limits of Solidarity?
9: Stefano Giubboni: A Certain Degree of Solidarity? Free Movement of Persons and Access to Social Protection in the Case Law of the European Court of Justice
10: Deborah Mabbett: Age Discrimination in Law and Policy: How the Equal Treatment Directive Affects National Welfare States
11: Karen Anderson: Promoting the Multi-Pillar Model? The EU and the Development of Funded Pension Schemes
12: Bettina Lange and Nafsika Alexiadou: How to Govern for Solidarity? An Introduction to Policy Learning in the Context of Open Methods of Coordinating Education Policies in the European Union
13: Jane Holder and Antonia Layard: Relating Territorial Cohesion, Solidarity, and Spatial Justice

About the Author

Edited by Malcolm Ross, Professor of European Law, University of Sussex, and Yuri Borgmann-Prebil, Lecturer in Law, University of Sussex

Contributors: 

Nafsika Alexiadou, University of Keele
Karen Anderson, Radboud University
Catherine Barnard, University of Cambridge
Mark Bell, University of Leicester
Yuri Borgmann-Prebil, University of Sussex
Gareth Davies, VU University of Amsterdam
Stefano Giubboni, University of Perugia
Christopher Hilson, University of Reading
Jane Holder, University College London
Wolfram Lamping, University of Bremen
Bettina Lange, University of Oxford
Antonia Layard, Cardiff Law School
Deborah Mabbett, Birkbeck, University of London
Clemens Rieder, University of Reading
Malcolm Ross, University of Sussex

Reviews

"Ross and Borgman-Prebil's book is an excellent starting point...debates on solidarity in European law and legal literature in general, which is to be welcomed in the era of societal, economic and political change." - Egle Dagilyte, Legal Studies

"...a very central and impressive contribution, which is highly recommendable not only to EU lawyers, but also to others with a general interest in, e.g., the concept itself, the balance between market and social priorities, the influence of the EU liberalisation policies, the future of the national welfare states, social market economy and the development of a European Social Model. Altogether, I have enjoyed reading the book, which intelligent, timely and well written and edited...a fascinating and important subject." - Ulla Neergaard, University of Copenhagen

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