Book contents
- Frontmatter
- Contents
- Preface
- Section I Labour law and Europe
- Section II The structure of European labour law
- 8 The institutional architecture of the European social model
- 9 A framework of principles and fundamental rights for European collective labour law
- 10 A framework of principles and fundamental rights for European individual employment law
- 11 The European Court of Justice, the EU Charter of Fundamental Rights and the European social model
- 12 General principles of enforcement of European labour law
- 13 Administrative enforcement of European labour law
- 14 Implementation and enforcement of European labour law and employment policy through the social partners at national and EU levels
- 15 Individual judicial enforcement of European labour law
- 16 Euro-litigation: collective judicial enforcement of European labour law
- 17 The European social dialogue: from dynamism to benign neglect 1993–2008
- 18 External and internal scrutiny of the democratic legitimacy of the European social dialogue
- 19 Threats and challenges to and the future of the European social dialogue
- Section III The futures of European labour law
- Index
- References
8 - The institutional architecture of the European social model
from Section II - The structure of European labour law
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Section I Labour law and Europe
- Section II The structure of European labour law
- 8 The institutional architecture of the European social model
- 9 A framework of principles and fundamental rights for European collective labour law
- 10 A framework of principles and fundamental rights for European individual employment law
- 11 The European Court of Justice, the EU Charter of Fundamental Rights and the European social model
- 12 General principles of enforcement of European labour law
- 13 Administrative enforcement of European labour law
- 14 Implementation and enforcement of European labour law and employment policy through the social partners at national and EU levels
- 15 Individual judicial enforcement of European labour law
- 16 Euro-litigation: collective judicial enforcement of European labour law
- 17 The European social dialogue: from dynamism to benign neglect 1993–2008
- 18 External and internal scrutiny of the democratic legitimacy of the European social dialogue
- 19 Threats and challenges to and the future of the European social dialogue
- Section III The futures of European labour law
- Index
- References
Summary
The theme of the institutional architecture of the European social model brings together a number of issues of central importance to the twenty-seven Member States of the European Union and the three associated states of the European Economic Area, of immediate concern to the candidate countries seeking membership of the EU, but also potentially of interest to the rest of the world. The interest for others, not least the USA, arises because of the clear contrast the American experience presents when compared with the European social model, and in particular, its institutional architecture. Its importance for the rest of the world arises precisely because, while there may be no or little military competition in a uni-polar world dominated by the USA, the economic and political stature of the EU makes the European economic and social model the subject of considerable attention elsewhere. It is not suggested that the institutional architecture of the European social model can or should be exported, but certain of its features provide a basis for reflection, if not emulation in other parts of the world.
This chapter begins with some reflections on the ‘constitutional moment’ in the EU and its implications for the European social model, explores certain structural qualities of the European social model, in contrast with American experience and outlines the principal features of the emerging institutional architecture of the European social model.
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- Chapter
- Information
- European Labour Law , pp. 259 - 287Publisher: Cambridge University PressPrint publication year: 2009