Resocialising Europe in a Time of Crisis

A critical assessment of European social policy that suggests ways to improve coverage of fundamental labour standards in Europe.

Nicola Countouris (Edited by), Mark Freedland (Edited by)

9781107041745, Cambridge University Press

Hardback, published 10 October 2013

542 pages, 4 b/w illus. 14 tables
22.9 x 15.2 x 3 cm, 0.82 kg

'Resocialising Europe in a Time of Crisis is a truly excellent collection of essays with an impressive depth and range. Its distinctive strength lies in the variety of response its contributors make to the challenge laid down by its editors: to identify ways in which the European Union could reverse rather than reinforce rising inequality and increasingly asymmetric risk distribution for those reliant on work for their livelihood. Read it to think better about how Social Europe has been marginalised and how that trend could be reversed.' Claire Kilpatrick, Professor of International and European Labour and Social Law, European University Institute, Florence

Terms such as 'Social Europe' and 'European Social Model' have long resided in the political and regulatory lexicon of European integration. But in recent years, and in spite of the adoption of the Charter of Fundamental Rights, the EU social profile has entered a profound period of crisis. The ECJ judgments of Viking and Laval exemplify the unresolved tension between the EU's strong market imperatives and its fragile social aspirations while the ongoing economic crisis, while the various 'bail out' packages are producing a constant retrenchment of social rights. The status quo is one in which workers appear to shoulder most of the risks attendant on making and executing arrangements for the doing of work. Chapters in this book advocate a reversal of this trend in favour of fair mutualization, so as to disperse these risks and share them more equitably between employers, the state, and society at large.

Introduction
The myths and realities for 'social Europe' Nicola Countouris and Mark Freedland
Part I. Social Europe and the Crisis of Idea(l)s: 1. Towards a European policy on work Alain Supiot
2. Entrenching neo-liberalism: the current agenda of European social policy Colin Crouch
3. Completing economic and social integration: towards labour law for the United States of Europe Frank Hendrickx
4. International labour standards and EU labour law Giuseppe Casal
5. The European Social Charter: could it contribute to a more social Europe? Monika Schlachter
6. Completing the picture: the complex relationship between EU anti-discrimination law and 'social Europe' Colm O'Cinneide
7. Breaking the mould: equality as a proactive duty Sandra Fredman
8. The sovereign debt crisis and the evolution of labour law in Europe Simon Deakin and Aristea Koukiadaki
Part II. Addressing Precariousness in Work: 9. Disturbing equilibrium and transferring risk - confronting precarious work Sonia McKay
10. Resocialising temporary agency work through a theory of 'reinforced' employers' liability Consuelo Chacartegui
11. Regulating atypical work: beyond equality Anne Davies
12. The charter in time of crisis: a case study of dismissal Catherine Barnard
13. Job security: a challenge for EU social policy Manfred Weiss
14. Flexibility and enterprise risk: employees as stakeholders in corporate governance Wanjiru Njoya
15. The changing face of 'flexicurity' in times of austerity? Astrid Sanders
16. Equality, fair-mutualisation and the socialisation of risk and reward in European pensions Kendra Strauss
Part III. Reinventing the Collective Dimensions of Social Europe: 17. Solidarity and the re-socialization of risk: analysing ETUC strategies to face the crisis Julia Lopez
18. For better or for worse? Transnational solidarity in the light of social Europe Catherine Jacqueson
19. Resocialising Europe through a European right to strike modelled on the Social Charter? Andrzej Marian ?wi?tkowsk
20. Re-socialising collective deliberations Silvana Sciarra
21. The emergence of socially sustainable sourcing: a mechanism for protecting labour standards in the context of collective bargaining decline Chris Wright and William Brown
22. Migrant workers and collective bargaining: institutional isomorphism and legitimacy in a resocialised Europe Lydia Hayes, Tonia Novitz and Petra Herzfeld Olsson
23. The European social dialogues - from autonomy to here Alan Bogg and Ruth Dukes
Epilogue Nicola Countouris and Mark Freedland.

Subject Areas: Employment & labour law [LNH], International law [LB], Law [L], Labour economics [KCF]