Social Rights Constitutionalism: An Antagonistic Endorsement

Christodoulidis, Emilios

doi:10.1111/jols.12017

Cited by 11 publications

(10 citation statements)

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“…Emilios Christodoulidis argues that social rights constitutionalism, ie a commitment to making SER enforceable in law, has an ' antinomic signifi cance ' which injects ' productive tension ' into contemporary constitutional discourse, not least because it disturbs ' attempts to accommodate the continuity of civil, political, and social rights in the face of the contradictory articulation of social democracy and capitalism ' . 71 It is suggested that the approach suggested here to the defi nition and adjudication of SER through law will give more legal substance to the idea of a social minimum, and thus has the potential to amply this ' antinomic ' effect. 72…”

Section: Discussionmentioning

confidence: 99%

Giving Legal Substance to the Social Minimum

O’cinneide¹

2019

Specifying and Securing a Social Minimum in the Battle Against Poverty

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In the workshops held to discuss fi rst drafts of the chapters in this volume, in July 2017 in O ñ ati and September 2018 in Gothenburg, the usefulness or otherwise of legal rights discourse in structuring and giving effect to the social minimum was a source of considerable debate-which greatly assisted the writing of this chapter. Interestingly, at both events, legal experts were often more sceptical of the usefulness of law than their counterparts in the wider social sciences: the former tended to emphasise the limits of legal mechanisms, while the latter were more positive about their potential. 6 F Atria , ' Social Rights, Social Contract, Socialism ' (2015) 24 Social & Legal Studies 598. 7 See further ch 12 (Kotkas) in this volume. 8 See further ch 16 (Boyle) and ch 9 (Piachaud) in this volume.

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Section: Discussionmentioning

confidence: 99%

Giving Legal Substance to the Social Minimum

O’cinneide¹

2019

Specifying and Securing a Social Minimum in the Battle Against Poverty

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“…Consequently, for the purposes of this article, social sustainability at EU level is defined as the set of policies, rules and principles laid down in the EU legal order, and which aim to reinforce the social dimension of the EU as a long-term solution, ring-fencing it from any relapse into a position of hierarchical subordination to the markets, so that Social Europe can unequivocally be perceived an equal counterpart to the economic constitution. (Christodoulidis, 2017). This way the social could be constitutionalised as an equal counterpart to the economic.…”

Section: Social Sustainability At Eu Level: a Definitionmentioning

confidence: 99%

“…By concretizing the concept’s elements, what needs to be done is made clear. The total market thinking, in its heyday following the entrenchment of austerity policies in the course of the crisis, needs to give way to the entrenchment of -long undermined- genuine social laws, policies and rights, not ersatz of those, mere token gestures with no teeth like what was happening in the past (Christodoulidis, 2017). This way the social could be constitutionalized as an equal counterpart to the economic.…”

Section: Social Sustainability At Eu Level: a Definitionmentioning

confidence: 99%

The European Pillar of Social Rights and the Quest for EU Social Sustainability

Polomarkakis

2019

Social & Legal Studies

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This article sets out to review the policies introduced by the European Pillar of Social Rights and its accompanying initiatives in light of their contribution to European Union (EU) social sustainability, particularly in comparison with their predecessors. The balance between economic and social policies at EU level has long been tipped in favour of the economic, leaving an atrophic social side a servant of market-based objectives. Social sustainability appeared absent from the European vocabulary, at least in substantive terms, something exacerbated by the effects of the 2008 crisis. The criticisms that ensued led to a resurgence of interest in establishing a socially sustainable Union, crystallized in the Pillar and its accompanying initiatives. Despite their potential, further commitment by the Member States as well as more concrete and legally binding proposals are necessary, for without them this social resurgence might once again surrender to economic hegemony.

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“…73 They are seen as exceptions to the rule, and not as equal counterparts of the market freedoms, despite the Charter's social solidarity chapter and the progress made in integrating social aspects throughout the recent Treaty amendments. As mentioned above, such an interpretation might appear to undermine any change at legislative and policy level, and has led to fierce criticisms of the proportionality-based approach undertaken by the CJEU, calling it 'fundamentally flawed', 74 and 'a travesty of its former self', 75 due to the contempt shown towards welfare in the course of the balancing exercise.…”

Section: The More Socially-conscious Cjeumentioning

confidence: 99%

A tale of two approaches to Social Europe: The CJEU and the Advocate General drifting apart in Case C-201/15 AGET Iraklis

Polomarkakis

2017

Maastricht Journal of European and Comparative Law

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Konstantinos Alexandris Polomarkakis * §1. Introduction Antitheses form the backbone of the European project. Intergovernmentalism versus federalism, enlargement versus containment-these are only some of the contradictory pairs that have informed the development of the European Union (EU). One of them, that between the economic and social elements of the Union might not have featured prominently in academic literature since the start of the European project but has certainly gained increasing momentum over time. Is the EU primarily an economic union, or could it also be a social one? What is the significance of the social market economy, the concept introduced by the Treaty of Lisbon? More specifically, how far should fundamental freedoms yield when confronted by social rights? These questions have occupied an important place in the Court of Justice's (CJEU) jurisprudence, yet it was not until the so-called Laval Quartet series of cases that the CJEU's approach provoked an overwhelmingly vivid debate. Not much has changed since then, at least not fundamentally, despite voices putting forward a reformulation of the balancing exercise. Subsequent case law has not managed to turn the tide, thereby showing that the CJEU was slow to pick up the developments that took place at the institutional level post-Lisbon, with the introduction of the social market economy paradigm, and the empowerment of the Charter, but also to respond to the critique of neoliberal deregulation that was promoted through the various bailout packages in crisis-hit Eurozone countries. This all-important issue was revisited by the CJEU in AGET Iraklis. The case concerned the compatibility of a Greek pre-authorization regime based-amongst other things-on

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Social Rights Constitutionalism: An Antagonistic Endorsement

Cited by 11 publications

References 1 publication

Giving Legal Substance to the Social Minimum

Giving Legal Substance to the Social Minimum

The European Pillar of Social Rights and the Quest for EU Social Sustainability

A tale of two approaches to Social Europe: The CJEU and the Advocate General drifting apart in Case C-201/15 AGET Iraklis

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