1st Edition

The EU Social Market Economy and the Law Theoretical Perspectives and Practical Challenges for the EU

Edited By Delia Ferri, Fulvio Cortese Copyright 2019
    334 Pages
    by Routledge

    334 Pages
    by Routledge

    Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved.

    CONTENTS





     



     



    Foreword



    BRUNO DE WITTE



    List of Contributors



    Table of Legislation



    Table of cases



    Introduction



    DELIA FERRI and FULVIO CORTESE



    PART I









      1. The EU Between Market State Ideals and Social Market Economy Objectives: Placing the Social Market Economy within the Union’s Constitutional History




      2. CHARLES EDWARD O’SULLIVAN





      3. The EU Transformation of the Social State




      4. MARCO DANI





      5. Social rights, Social Market Economy, and the European Social Model: Tracing Conceptual Boundaries




      6. STEFANO CIVITARESE MATTEUCCI





      7. EU Citizenship and the Social Market Economy: Shifting Balances




      8. GIACOMO DELLEDONNE





        PART II





      9. W(h)ither Social Europe? Labour Rights in a Social Market Economy




      10. MICHAEL DOHERTY





      11. The Social Dimension of EU Public Procurement and The Social Market Economy




      12. CHRISTOPHER BOVIS





      13. Social Considerations in EU Competition Law: The Protection of Competition as a Cornerstone of the Social Market Economy




      14. ANDREAS HEINEMANN





      15. State Aid Law in a Social Market Economy




      16. DELIA FERRI and JUAN JORGE PIERNAS LÓPEZ





      17. Services of General Economic Interest and Social Considerations




      18. JUAN JORGE PIERNAS LÓPEZ





      19. Social Services, Service Providers and Non-Economic Activities in the Realm of the EU ‘Social Market Economy’




      20. SILVIA PELLIZZARI





      21. Cross-Border Healthcare and the Social Market Economy




      22. LUCIA BUSATTA and TAMARA HERVEY





      23. Social Considerations in EU Consumer Law: The Legislator, the Court and a Rhapsody in Blue




      24. VANESSA MAK





      25. Towards a More Socially Orientated EU Copyright Law: A Soft Paradigm Shift after Lisbon?




      26. CATERINA SGANGA





      27. The Social Dimension of EU Energy Law




      28. GOKCE METE and RAPHAEL HEFFRON





      29. The Social Dimension of the Common Commercial Policy




      30. VIVIAN KUBE and LUIGI PEDRESCHI





      31. The Social Dimension of EU Investment Law and Policy




    SONDRA FACCIO



    Conclusion



    DELIA FERRI and FULVIO CORTESE



    INDEX

    Biography

    Dr. Delia Ferri is a Lecturer in Law at Maynooth University Department of Law





    Prof. Dr. Fulvio Cortese is Full Professor of Administrative Law at the Faculty of Law of the University of Trento