Chapter

Social Policy Revisited in the Light of the Constitutional Debate

Catherine Barnard

in The Fundamentals of EU Law Revisited

Published in print March 2007 | ISBN: 9780199226221
Published online March 2012 | e-ISBN: 9780191696206 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199226221.003.0005

Series: Collected Courses of the Academy of European Law

Social Policy Revisited in the Light of the Constitutional Debate

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This chapter takes two of the values identified by the Constitutional Treaty — solidarity and equality/non-discrimination — and uses them as a prism through which to examine the extent to which the European Union now has a true ‘social’ face. It then considers the extent to which the European Union has sought to deal with concerns about social dumping, taking the developments in the field of free movement of services, and the issue of posted workers in particular, as an illustration. The chapter begins by examining the social provisions found in the European Economic Community Treaty at the time of its adoption in Rome in 1957 and those in the Treaty establishing a Constitution for Europe adopted in Rome in 2004.

Keywords: Constitutional Treaty; solidatiry; equality; EU; social dumping; European Economic Community Treaty; constitution

Chapter.  21964 words. 

Subjects: EU Law

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