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

Author

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  • Jean-Claude Barbier

    (CES - Centre d'économie de la Sorbonne - UP1 - Université Paris 1 Panthéon-Sorbonne - CNRS - Centre National de la Recherche Scientifique)

  • Fabrice Colomb

    (CPN - Centre Pierre Naville - UEVE - Université d'Évry-Val-d'Essonne)

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.

Suggested Citation

  • Jean-Claude Barbier & Fabrice Colomb, 2011. "The unbearable foreignness of EU law in social policy, a sociological approach to law-making," Post-Print halshs-00639906, HAL.
    • Handle: RePEc:hal:journl:halshs-00639906
    Note: View the original document on HAL open archive server: https://shs.hal.science/halshs-00639906
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    References listed on IDEAS

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    7. Gerda Falkner & Oliver Treib, 2008. "Three Worlds of Compliance or Four? The EU‐15 Compared to New Member States," Journal of Common Market Studies, Wiley Blackwell, vol. 46(2), pages 293-313, March.
    8. Maurizio Ferrera, 2009. "The JCMS Annual Lecture: National Welfare States and European Integration: In Search of a 'Virtuous Nesting'," Journal of Common Market Studies, Wiley Blackwell, vol. 47, pages 219-233, March.
    9. Miriam Hartlapp, 2007. "On Enforcement, Management and Persuasion: Different Logics of Implementation Policy in the EU and the ILO," Journal of Common Market Studies, Wiley Blackwell, vol. 45, pages 653-674, September.
    Full references (including those not matched with items on IDEAS)

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