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The unbearable foreignness of EU law in social policy, a sociological approach to law-making

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  • Jean-Claude Barbier

    ()
    (CES - Centre d'économie de la Sorbonne - CNRS : UMR8174 - Université Paris I - Panthéon-Sorbonne)

  • Fabrice Colomb

    ()
    (Centre Pierre Naville - Université d'Evry-Val d'Essonne)

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    Abstract

    The main purpose of the present text is assessing EU law from the perspective of its "impact" on national systems of social protection, social services and labour law : how does EU governance affect "social policy" in the Union ? After recalling the main characteristics of EU governance and presenting the relevant actors of the making of EU social law, we systematically compare EU and national law with respect to two essential dimensions : EU law making in general and the special case of "social law". Eventually we arrive at a global comparative assessment of the respective legitimacies of EU law and national legislation. Considered from the point of view of relevant actors interviewed during the research, the dynamics of this interaction emerges as structurally constrained but rather open-ended.

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    Bibliographic Info

    Paper provided by HAL in its series Université Paris1 Panthéon-Sorbonne (Post-Print and Working Papers) with number halshs-00639906.

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    Date of creation: Oct 2011
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    Handle: RePEc:hal:cesptp:halshs-00639906

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    Keywords: Sociology of European law; European social policy; European integration; Court of justice of the EU; Europeanization.;

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    1. Ferrera, Maurizio, 2005. "The Boundaries of Welfare: European Integration and the New Spatial Politics of Social Protection," OUP Catalogue, Oxford University Press, Oxford University Press, number 9780199284672, October.
    2. Höpner, Martin, 2008. "Usurpation statt Delegation: Wie der EuGH die Binnenmarktintegration radikalisiert und warum er politischer Kontrolle bedarf," MPIfG Discussion Paper 08/12, Max Planck Institute for the Study of Societies.
    3. Andreas J. Obermaier, 2008. "Continuity and Change in EU Law: Essays in Honour of Sir Francis Jacobs - Edited by A. Arnull, P. Eeckhout and T. Tridimas," Journal of Common Market Studies, Wiley Blackwell, Wiley Blackwell, vol. 46, pages 1095-1095, December.
    4. Zeitlin, Jonathan & Trubek, David M. (ed.), 2003. "Governing Work and Welfare in a New Economy: European and American Experiments," OUP Catalogue, Oxford University Press, Oxford University Press, number 9780199257171, October.
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