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Journal ArticleDOI

The Constitutional (Im)balance between ‘the Market’ and ‘the Social’ in the European Union

Sacha Garben
- 01 Mar 2017 - 
- Vol. 13, Iss: 1, pp 23-61
TLDR
An assessment of the balance between "the market" and "the social" by reference to the areas of social policy, the internal market and economic governance is given in this article, where the authors propose to address the imbalance by reinforcing the role of the EU legislative process and limiting other forms of European integration.
Abstract
An assessment of the balance between ‘the market’ and ‘the social’ by reference to the areas of social policy, the internal market and economic governance – Imbalance resulting from a consitutional displacement of the legislative process (EU and national) and instead decision-making by the judiciary and the executive – Proposals to address the imbalance by reinforcing the role of the EU legislative process and limiting other forms of European integration.

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Citations
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MonographDOI

Human Rights in the Council of Europe and the European Union: Achievements, Trends and Challenges

TL;DR: The main achievements of relevant institutions include securing minimum standards across the continent as they deal with increasing expansion, complexity, multidimensionality, and interpenetration of their human rights activities as discussed by the authors.
Journal ArticleDOI

The European Pillar of Social Rights: An Assessment of its Meaning and Significance

TL;DR: The European Pillar of Social Rights as mentioned in this paper is a high-profile political reaffirmation of twenty social rights and principles, and its implementation deploys the full EU governance arsenal: regulations, directives, recommendations, communications, new institutions, funding actions, and country-specific recommendations.
Posted Content

EU Employment Law and the European Social Model: The Past, the Present and the Future

TL;DR: In this paper, the authors argue that the European social model is facing unprecedented challenges, caused in part by the EU's response to the crisis but more generally resulting from a growing hostility towards the European Union project as a whole, and that there is a continued role for the European Social model and its employment dimension in particular.
Journal ArticleDOI

Towards More Resilience for a Social EU - the Constitutionally Conditioned Internal Market

TL;DR: Gap between the EU's normative commitments to socio-economic justice and the practical workings of its integration project is identified in this article, where the authors highlight the potential for strengthening the social EU by recourse to the Charter of Fundamental Rights of the European Union.
References
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Journal ArticleDOI

Why There is a Democratic Deficit in the EU: A Response to Majone and Moravcsik

TL;DR: The authors argue that a democratic polity requires contestation for political leadership and over policy, which is an essential element of even the 'thinnest' theories of democracy, yet is conspicuously absent in the EU.
Journal ArticleDOI

The European Social Model: Coping with the Challenges of Diversity

TL;DR: In this article, the authors discuss two options, closer co-operation and a combination of differentiated "framework directives" with the open method of co-ordination, to overcome the constitutional asymmetry between market efficiencies and policies promoting social protection and equality.
Journal ArticleDOI

Democracy and Legitimacy in the European Union Revisited: Input, Output and ‘Throughput’

TL;DR: In this article, the authors argue that the EU's legitimacy is mainly defined by output effectiveness for the people and input participation by the people, and they define and discuss this third normative criterion as well as the interaction effects of all three normative criteria.
Posted Content

In Defence of the 'Democratic Deficit': Reassessing Legitimacy in the European Union*

TL;DR: The EU's appearance of exceptional insulation reflects the subset of functions it performs as mentioned in this paper, such as central banking, constitutional adjudication, civil prosecution, economic diplomacy, and technical administration.
Posted Content

Reassessing Legitimacy in the European Union

TL;DR: The EU's appearance of exceptional insulation reflects the subset of functions it performs - central banking, constitutional adjudication, civil prosecution, economic diplomacy and technical administration - for normatively justifiable reasons as mentioned in this paper.