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Unravelling the Embedded Liberal Bargain: Labour and Social Welfare Law in the Context of EU Market Integration

Ashiagbor, Diamond (2013) Unravelling the Embedded Liberal Bargain: Labour and Social Welfare Law in the Context of EU Market Integration. European Law Journal, 19 (3). pp. 303-324. ISSN 1351-5993. (doi:10.1111/eulj.12025) (The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided) (KAR id:70515)

The full text of this publication is not currently available from this repository. You may be able to access a copy if URLs are provided. (Contact us about this Publication)
Official URL:
https://doi.org/10.1111/eulj.12025

Abstract

European economic integration with a minimalist social policy at EU level was in part made possible by strong domestic labour market and social welfare institutions. The main contention of this paper is that EU market liberalisation was embedded within institutions of social citizenship at domestic level, which served to counter the liberalisation of the internal market. But this settlement has been put under strain. In addition to the challenges posed to the sustainability of European welfare states by the global economic crisis, the internal market jurisprudence of the Court of Justice casts doubt on the sustainability of the ‘embedded liberal bargain’. This paper focuses on the role of the Court, in particular in its jurisprudence on the interaction between (EU) market freedoms and (national) labour law, which undermines the ability of states to retain their regulatory autonomy over labour or social welfare law and, arguably, speeds up the unravelling of the ‘embedded liberal bargain’.

Item Type: Article
DOI/Identification number: 10.1111/eulj.12025
Subjects: K Law
Divisions: Divisions > Division for the Study of Law, Society and Social Justice > Kent Law School
Depositing User: Sian Robertson
Date Deposited: 30 Nov 2018 15:52 UTC
Last Modified: 16 Feb 2021 13:59 UTC
Resource URI: https://kar.kent.ac.uk/id/eprint/70515 (The current URI for this page, for reference purposes)

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