Social Rights in Times of Crisis in the Eurozone: The Role of Fundamental Rightss Challenges

Kilpatrick, Claire; Witte, Bruno De; Psychogiopoulou, Evangelia; Yannakourou, Matina; Nolan, Aoife; Kerr, A. R.; Tega, Diletta; Faro, Antonio Lo; Brito, Miguel Nogueira de; Gomes, Júlio; Cisotta, Roberto; Gallo, Daniele; Gonzalez, Maribel; Rodríguez, María-Luz; Sánchez, Leticia Díez

doi:10.2139/ssrn.2428855

Cited by 16 publications

(7 citation statements)

References 12 publications

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“…For instance, Greece, Portugal, Ireland, Latvia, Hungary, Romania, Cyprus, and Spain entered into bailout programs that entailed loans upon reform conditions, laid down in a Memorandum of Understanding (Jacoby & Hopkin, 2020). The detrimental effects of these reforms on both fundamental social rights and democratic standards have been heavily criticized (Kilpatrick & de Witte, 2014). However, non-programme countries, that remained in the Semester coordination cycle, such as Italy, also received "important EU instructions with a social focus" which put additional pressure on them to reform (Kilpatrick & de Witte, 2014, p. 2), or faced similar pressure to reform given their dire financial situation (e.g., Slovenia; see Munta, 2021).…”

Section: The First Decade Of the Semestermentioning

confidence: 99%

“…However, non-programme countries, that remained in the Semester coordination cycle, such as Italy, also received "important EU instructions with a social focus" which put additional pressure on them to reform (Kilpatrick & de Witte, 2014, p. 2), or faced similar pressure to reform given their dire financial situation (e.g., Slovenia; see Munta, 2021). It raised questions, for instance by the Parliamentary Assembly of the Council of Europe (2012), that called for a reorientation of austerity programmes in order to prevent the undermining of democratic standards (Kilpatrick & de Witte, 2014).…”

Section: The First Decade Of the Semestermentioning

confidence: 99%

“…Normally, financial solidarity between member states would require enhanced input of national parliaments, as redistributive aspects necessitate collective will-formation, ensuring that decisions may be justified to those who will have to deal with the negative consequences of redistribution (Crum & Merlo, 2020). However, previous examples of national parliaments being bypassed and pressured into massive reforms as a condition for loans, as happened in the bailout countries during the financial and economic crisis, raised criticism concerning the impact on fundamental social rights and democratic standards (Kilpatrick & de Witte, 2014). Moreover, the idea that national reforms can be bought is quite problematic, certainly given the national competencies and demands of the electorate (Alcidi & Gros, 2017).…”

Section: The Next Stage Of the Semestermentioning

confidence: 99%

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The EU’s Recovery and Resilience Facility: A Next Phase in EU Socioeconomic Governance?

Bekker

2021

PaG

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The European Semester (Semester) was implemented a decade ago. Ample research has addressed the Semester’s development, including some major changes in processes and content (Verdun & Zeitlin, 2018). The Covid-19 crisis seems to mark the next stage in the evolution of the Semester. It connects the Semester with the wider Recovery and Resilience Facility (RRF) and links its country-specific recommendations to conditional financial support. Thus, the next stage of the Semester suggests a stronger and more deliberate interlinkage of different EU tools that jointly guide national socioeconomic policies. It should support both national public investment and reforms while focusing on meeting the EU priority of moving towards a climate-neutral, digitalized, and resilient Europe (De la Porte & Dagnis Jensen, 2021). This article addresses the question of what room the new-style Semester gives to the involvement of national-level actors, such as national parliaments. Therefore, it expands existing analytical frameworks in order to assess the RRF in connection to the Semester, focusing on the degree of obligation, enforcement, and centralisation. Jointly, this outlines the room the RRF gives to the participation of national actors in the Semester. The article concludes that although the national parliaments are not mentioned in the Regulation establishing the RRF, they could claim a role both in developing national plans for accessing financial support as well as in amending and approving reforms.

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Section: The First Decade Of the Semestermentioning

confidence: 99%

Section: The First Decade Of the Semestermentioning

confidence: 99%

Section: The Next Stage Of the Semestermentioning

confidence: 99%

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The EU’s Recovery and Resilience Facility: A Next Phase in EU Socioeconomic Governance?

Bekker

2021

PaG

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“…64 When courts have intervened, they have often attracted a degree of political backlash, varying according to the authority and status of the court in question. 65 In Hungary, a hostile political reaction against a string of court judgments relating to social matters dating back to the 1990s resulted in the constitution being amended so as to impose substantial constraints on the ability of the courts to intervene in the socio-economic realm. 66 Nor is this reaction confined to the national level: state parties to the ESC have reacted at times with hostility to the ECSR's decisions in collective complaints and the national reporting process, and often fail to give effect to the Committee's conclusions.…”

Section: Part III -European Social Constitutionalism Under Pressure: mentioning

confidence: 99%

The Present Limits and Future Potential of European Social Constitutionalism

O’Cinneíde¹

2019

The Future of Economic and Social Rights

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Introduction: Broadening the Conversation Within Anglo-American constitutionalist thought, 1 social rights are generally assumed to fall outside of the appropriate scope of constitutional regulation: their content and status are viewed as matters best left to be determined by the free flow of political contestation, rather than being governed by the written provisions of the constitutional text and/or judicial interpretation of fundamental rights guarantees. 2 The development of socioeconomic rights review in states of the Global South such as South Africa, Colombia, India and Brazil challenges this assumption. As a result, the apparent dichotomy between the 'old' Anglo-American orthodoxy and the 'new' social constitutionalism emerging in the Global South has come to dominate much of the comparative constitutional literature on social rights. However, as Hirschl has argued, comparative scholarship needs to be careful about restricting its focus to a few favoured national case studies. 3 There exists an alternative strand of social constitutionalism in continental Europe, which is barely mentioned in much of the academic literature  Professor of Constitutional and Human Rights Law, UCL; former member of the European Committee on Social Rights 2006-2016. All views expressed here are personal to the author. 1 The term 'Anglo-American constitutionalism' is used here to refer to the manner in which legal and political actors in North America, the UK, and Australasia discuss, debate, and describe the purpose and functioning of their constitutional systems. These jurisdictions share a common legal and political tradition, and their constitutional traditions have similar intellectual roots. 2 This is not to suggest that Anglo-American constitutional thought and practice adopts a uniform approach in this regard: see by way of contrast how a number of US state constitutions protect a range of social rights (see J. King, 'Two ironies about American exceptionalism over social rights' (2014) 12(3) Int J Const 572-602), and the manner in which UK administrative and human rights law extends a degree of indirect protection to such rights (C.O'Cinneide, 'Legal accountability and social justice', in P. Leyland and N. Bamforth (eds.) Accountability in Public Law (Oxford: OUP, 2013), 389-409). But, in general, Anglo-American constitutionalism adheres to the skeptical stance vis-à-vis the legal protection of social rights as set out above:

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“…Por lo que a los jueces estatales se refiere, se pueden distinguir dos tipos de sentencias 63 . Las primeras -para definir una controversia-toman en consideración también los efectos que ellas mismas pueden producir sobre la situación económica del país.…”

Section: Consecuencias Para La Actividad De Los Juecesunclassified

Conflicto, Derecho Y Economía en La Unión Europea Después De La Crisis

Lucia

2016

SPJ

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Social Rights in Times of Crisis in the Eurozone: The Role of Fundamental Rightss Challenges

Cited by 16 publications

References 12 publications

The EU’s Recovery and Resilience Facility: A Next Phase in EU Socioeconomic Governance?

The EU’s Recovery and Resilience Facility: A Next Phase in EU Socioeconomic Governance?

The Present Limits and Future Potential of European Social Constitutionalism

Conflicto, Derecho Y Economía en La Unión Europea Después De La Crisis

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