Unravelling the embedded liberal bargain : labour and social welfare law in the context of EU market integration
License
Cadmus Permanent Link
Full-text via DOI
ISBN
ISSN
1351-5993
Issue Date
Type of Publication
Keyword(s)
LC Subject Heading
Other Topic(s)
EUI Research Cluster(s)
Initial version
Published version
Succeeding version
Preceding version
Published version part
Earlier different version
Initial format
Author(s)
Citation
European law journal, 2013, Vol. 19, No. 3, pp. 303-324
Cite
ASHIAGBOR, Diamond, Unravelling the embedded liberal bargain : labour and social welfare law in the context of EU market integration, European law journal, 2013, Vol. 19, No. 3, pp. 303-324 - https://hdl.handle.net/1814/33908
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'.