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Wilfried Loth (ed.)

Experiencing Europe

Series: Veröffentlichungen der Historiker-Verbindungsgruppe bei der Kommission der EG

Volume 12 2009

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Antonio Varsori Development of European Social Policy S. 169-192

„… 169 5. Social Europe Development of European Social Policy Antonio Varsori Introduction During the …” „… Dream, London, Penguin Books, 2004. 2 See for example Centre for Economic Policy Research, Social Europe …” „… scientits, sociologists, etc. On the contrary Europe’s social policy has raised by far less interest among …”

Josefina Cuesta Bustillo A Social Europe (1970-2006)? S. 193-216

„… European social policy. 1. European social law refers to the social provisions of the Treaty of Rome (arts …” „… Communities. 72 EC, Directorate-General for Education and Culture, European employment and social policy: a …” „… D.html). Loth_Layout.indd 193 08.12.2008 12:02:41 194 2. European social policy: Although social …”

Eric Bussière, Michel DUMOULIN, Sylvain Schirmann THE DEVELOPMENT OF ECONOMIC INTEGRATION S. 45-102

„… social policy of the High Authority. The construction of housing for workers, industrial rehabilitation …” „… established between the economic and social dimensions of the unifi cation process: ‘the unifying efforts of …” „… (but whose section on commercial policy was written in 1917), French economist Charles Gide has a …”

Gérard Bossuat, Eric Bussière, Robert Frank, Wilfried Loth, Antonio Varsori Introduction S. 9-16

„… : economic, social policy, European public space, external relations, institutions, and the enlargement of …” „… non-existence of a European social policy and a European social space. As was observed recently in the case of …” „… the vote on the draft European constitution, many voters doubt that a European social policy exists …”

Johnny Laursen The Enlargement of the European Community, 1950-95 S. 269-304

„… important, France needed time to modernize her economy, consolidate social policy and to see the economic …” „… aims, social and economic interests, cold war imperatives and – not least – a pervasive sponsorship …” „… almost exclusively on the aims and negotiations between foreign policy elites. This has lent a certain …”

Robert Frank Conclusion S. 347-358

„… frameworks of the EU’s social policy. The French ‘no’ vote of 2005 owes a great deal to the part of the …” „… monetary policy of the Central European Bank, and the defi cit of social Europe with regard to what is …” „… balance of powers in terms of economic governance and social policy. Monetary policy is no longer in the …”

Gérard Bossuat Origins and Development of the External Personality of the European Community S. 217-254

„… policy powers to the European Communities. Fifty years on, the European Union wields recognised infl …” „… , the Six also launched a ‘European Political Co-operation’ in foreign policy, ‘without prejudice to …” „… the Cold War favoured monetary strengthening and the Community’s security policy thanks to the …”

Marie-Thérèse Bitsch, Wilfried Loth EUROPEAN INSTITUTIONS AND POLITICAL INTEGRATION S. 103-126

„… policy, and the development of a common social policy, continued to depend on a unanimous vote, even …” „… policy, such as the creation of customs union, rules on competition, the harmonisation of legal …” „… arrangements, trade policy, and the setting up of the agricultural system. With regard to those matters, the …”

Antoine Marès Central Europe in the ‘Fifth’ Enlargement of the European Union S. 326-346

„… amount of social justice. Because the proponents of economic liberalism were often defenders of …” „… establishment was also an element of modernity and modernisation. This is where the social and economic …” „… different spheres of economic, social and political action, the sustaining of very great tension because of …”

Titelei/Inhaltsverzeichnis S. 1-8

„… . SOCIAL EUROPE Development of European Social Policy 169 Antonio Varsori A Social Europe (1970-2006)? 193 …” „… Personality of the European Community 217 Gérard Bossuat Foreign and Security Policy after the End of the …”

Anne Faber Eastern Enlargement in Perspective: A Comparative View on EC/EU Enlargements S. 305-325

„… . Richardson (ed.), European Union. Power and policy-making, London/ New York: Routledge, 1996, pp. 233-246 …” „… way on the level of day-to-day policy-making – even though no major reform treaty has been …” „… and punctual) effects of a specifi c enlargement round on one or another EC/EU institution or policy …”

Anne Deighton Foreign and Security Policy after the End of the Cold War S. 255-268

„… of policy-making. The above issues defy easy pigeon-holing as internal or external security issues …” „… 255 Foreign and Security Policy after the End of the Cold War Anne Deighton Introduction133 The …” „… a foreign and security policy using military capabilities pledged by member states, but this can …”

Luisa Passerini Between Public and Private Sphere: Permeability and Interactions S. 134-141

„… sphere, a process in certain ways initiated and made evident in Europe by the new social movements of …” „… European policy towards making the continent into a public sphere, visual art takes up the task of vividly …” „… nding oneself at the bottom of the social scale that is similar in the various countries. La faute à …”

Jost Dülffer The History of European Integration: From Integration History to the History of Integrated Europe S. 17-32

„… was no revolution’. Arnulf Baring opined on West German foreign policy: ‘in the beginning there was …” „… twenty-seven states 12 Andrew Moravcsik, The Choice for Europe: Social Purpose and State Power from Messina to …” „… look for the ways social and cultural achievements transcended borders. The topic is transnational …”

Robert Frank Cultural, Memorial and Reference Sphere, Public Sphere and European Democracy S. 152-168

„… continent with its heroes, collaborators, partisans of a wait-and-see policy, and the shared hopes of …” „… .45 It is obviously diffi cult to evaluate the results of this policy. There have also been attempts …” „… , social legislation, etc. In the debate with the USA, as well as debate amongst Europeans concerning …”

doi.org/10.5771/9783845213323

Pablo Riberi, Konrad Lachmayer - Philosophical or Political Foundation of Constitutional Law?

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Pablo Riberi (ed.), Konrad Lachmayer (ed.)

Philosophical or Political Foundation of Constitutional Law?

Series: Schriften zum Internationalen und Vergleichenden Öffentlichen Recht

Volume 24 2014

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Judicial Review of Social Policy S. 157-178

„… Judicial Review of Social Policy Lucas S. Grosman I. Introduction Constitutions impose …” „… of deciding how public resources should be used. 158 Judicial Review of Social Policy This reason …” „… reached in the democratic political process regarding the preferred social and economic policy ordering …”

The right to judicial protection as an “oblique” political right? S. 127-140

„… Chilean courts, traditionally reluctant to interfere in policy decisions, and isolated from social and …” „… policy decision that may have already been taken by formal political institutions, or there is an attempt …” „… of legal actions by private citizens and organizations seeking to influence public policy, bypassing …”

Transnational republicanism: a challenge too far? S. 263-282

„… . This is because policy-making at the EU level is dominated by executive actors who often reside beyond …” „… to achieve non-domination resulting in too many conflicting choices in public policy – all of which …” „… may be deemed to be non-dominating since it is the state itself who can “license” this or that policy …”

Latin American constitutionalism and the “engine room” of the Constitution S. 97-112

„… strengthened the social commitments of the former ones. At the same time, they left the traditional vertical …” „… autonomy and federalism; established protections for indigenous lands; and included a long list of social …” „… ” Programs, Social Crisis, and Presidential Authority In the previous section, we explored the way in …”

Titelei/Inhaltsverzeichnis S. 1-12

„… Lucas S. Grosman Judicial review of social policy …”

Constitutional emergencies in Argentina: the romans (not the judges) have the solution S. 185-224

„… organizing nonviolent opposition to an official policy may facilitate the mobilization of revolutionary …” „… capital and private property.”36 In Ercolano c. Lanteri Renshaw,37 the supreme court, invoking the social …” „… system, and pacify the country ravaged by a deep social crisis.72 Later, in January 2002, congress …”

How far should International Courts of Human Rights go? S. 331-352

„… European Court of Human Rights to control public policies for social inclusion and the relevance of the …” „… . creating/implementing a given public policy), which, however, do not fulfill their tasks interpretive openness this …” „… pact, but becomes a pact of subjection, equivalent to a real international social contract, by means …”

Five theses about the foundations of constitutional law S. 13-32

„… stronger limitations concerning certain domains, as for instance a Common Agricultural Policy or Human …” „… Social Contract for instance bears still in its title «Du contrat social ou principes du droit politique …”

Political branches v. judicial activism S. 141-156

„… the author and the expectations which we have of him; the identity of the reader; the social …” „… reticent approach is founded on the assumption that judges should not be making policy decisions, and the …”

Principles and Compromises in the Process of Constitutional Designs S. 77-96

„… all about important issues of public policy. Transparency might have doomed the Philadelphian …” „… imposed on the slaves themselves (and, one might well believe, on everyone who had to adjust to a social …”

doi.org/10.5771/9783748930686

Ulrich Faber, Kerstin Feldhoff, Katja Nebe, Kristina Schmidt, Ursula Waßer - Gesellschaftliche Bewegungen - Recht unter Beobachtung und in Aktion

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Ulrich Faber (ed.), Kerstin Feldhoff (ed.), Katja Nebe (ed.), Kristina Schmidt (ed.), Ursula Waßer (ed.)

Gesellschaftliche Bewegungen - Recht unter Beobachtung und in Aktion

2016

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Teun Jaspers Freedom of service and freedom of social policy. The impact of cross-border economic activities on national social policy S. 891-908

„… Freedom of service and freedom of social policy. The impact of cross-border economic activities on …” „… national social policy Teun Jaspers Introduction: What is at stake? Two recent German cases have drawn our …” „… attention – again – to the scope of national social policy when it potentially collides with one of the …”

Eberhard Eichenhofer Arbeit – international anerkanntes und anzuerkennendes Menschenrecht S. 839-856

„… , Verbot der Kinder- und Zwangsarbeit sowie der 18 Rittich, Social Rights and Social Policy …” „… Doppelarbeitsverhältnissen, ZfA 1972, 35 ff. 34 McLachlan, Social Justice, Human Rights and Public Policy, Glasgow 2005, 116 …” „… , persönliche mit kollektiver Verant- III. 1. 46 Ders., Losing Ground, American Social Policy 1950 – 1980, 1984 …”

Verzeichnis der Autorinnen und Autoren S. 1007-1014

„… of Health Policy and Governance Research an der Southwestern University of Finance and Economics …” „… )“, „Die Sozialgerichtsbarkeit (SGb)“, „Sozialer Fortschritt“ und „European Journal of Social Security …” „… Budapest, Expert für die EG gewirkt und ist seit 2013 Mitglied des European Committee of Social Rights des …”

Monika Schlachter Eingriffe in die Vereinigungsfreiheit zur Bekämpfung der Wirtschaftskrise und ihre Grenzen nach der Europäischen Sozialcharta S. 977-992

„… Währungsunion. 5 Deakin, Social Policy, Economic Governance and EMU: Alternatives to Austerity, in …” „… , Cambridge (2013), Introduction. 2 O’Cinneide, Austerity and the Faded Dream of a “Social Europe”, in: Nolan …” „… (Hrsg.), Economic and Social Rights after the Global Financial Crisis, CUP, Cambridge (2014), S. 169. 3 …”

Ulrich Faber, Kerstin Feldhoff, Katja Nebe, Kristina Schmidt, Ursula Waßer Gesellschaftliche Begegnungen – Recht in Bewegung S. 7-18

„… 873 Kristina Irion Freedom of service and freedom of social policy. The impact of cross-border …” „… economic activities on national social policy 891 Teun Jaspers Der europäische Menschenrechtsdialog im …”

József Hajdú Protection of persons with short and long-term reduced or altered working capacity in Hungary S. 857-872

„… supportive sources of provisions in Hungary: a) equal treatment, b) labour law and c) social security law …” „… benefit paid by social insurance), but the notice period will only start after the employee has returned …” „… to his/her duties. Social security provisions Social security provisions In this context the meaning …”

doi.org/10.5771/9783845272429

Constanze Semmelmann - Social Policy Goals in the Interpretation of Article 81 EC

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Constanze Semmelmann

Social Policy Goals in the Interpretation of Article 81 EC

2008

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Social policy and fundamental rights S. 68-70

„… 70of an extended cross-sectional clause on social policy266. Regardless of the conceptual confusion …” „… remarkable advances of the Court in the field of social policy are accompanied by calls from the political …” „… Treaty goals. 2. Social policy and fundamental rights Despite the original absence of the mention of …”

“Social policy versus the market” – an outline of the book S. 19-21

„… 21Chapter 1: Striking the balance between competition and social policy - A question of the …” „… economic constitution of the European Community1I. “Social policy versus the market” – an outline of the …” „… book The interplay between market goals on the one hand and non-market ones such as social policy on …”

The impact of social policy by virtue of the cross-sectional clauses S. 151-153

„… reconciliation. III. The impact of social policy by virtue of the cross-sectional clauses Similar to the internal …” „… and 3 EC and therefore do not clarify the role of social policy goals under Article 81 EC. None of …” „… powers.655 The recent activities at the EC level in social and employment policy clearly reflect the …”

Options to reconcile Article 81 EC and social policy and their impact S. 84-86

„… undistorted competition, in particular to the prohibition of cartels on the one hand, and social policy on the …” „… undistorted competition and social policy in this context is reflected in the potential social policy practice …” „… social policy goals or alleged to contribute to social policy goals could face the allegation of …”

The free movement provisions, social policy, and their application to private parties S. 162-173

„… states may pursue social policy goals provided that if they conflict with the common market rationale …” „… the grounds of social policy unless they result in protectionism. The judgments mentioned are …” „… ”.6912. The free movement provisions, social policy, and their application to private parties The free …”

The free movement provisions, their application vis-à-vis state actors and social policy S. 160-162

„… are increasingly challenged. The present chapter aims to identify the impact of social policy in the …” „… application vis-à-vis state actors and social policy a. Case law Especially the legislative acts and judicial …” „… social policy. The internal market creates incentives to move production into states with low labour …”

The debate “social policy versus the market” as a part of the “economic constitution” S. 21-24

„… draw the line between competition and noncompetition goals. Subsequently, EC social policy and its …” „… which doctrinal construction social policy may have or did indeed have an impact on the assessment of …” „… entails a proposal on the role of social policy goals under Article 81 EC and concluding remarks. II. The …”

A proposal on the role of social policy goals in the interpretation of Article 81 EC and concluding remarks S. 211-216

„… 213 Chapter 9: A proposal on the role of social policy goals in the interpretation of Article 81 EC …” „… rules in their context. The relationship between social policy and EC competition law, in particular …” „… concerning the extent to which social policy goals are liable to restrict the exercise of the rules on free …”

The role of social policy in the interpretation of Article 81 EC as a part of the EC economic constitution S. 28-30

„… place that go beyond a certain individual measure.453. The role of social policy in the interpretation …” „… of the EC legal order (Article 4 (1) EC) and European Integration as such. Social policy has a number …” „… ) a social aim next to the traditionally strong economic facet.50 Social policy goals are laid down in …”

Summary and conclusion on the status quo of non-competition goals under Article 81 EC, in particular of the social policy goals S. 132-140

„… particular of the social policy goals a. Key questions The Commission practice and the case law summarised …” „… above allows for one single safe conclusion: the approaches as to the reconciliation of social policy …” „… ? Non-competition goals have been taken into account such as environmental policy, social policy, solidarity in the …”

Positive and negative integration and in between S. 61-68

„… 63Chapter 3: Social policy as a non-competition goal The nature of social policy is a complex …” „… matter. Social policy objectives are among the non-competition goals, but they are closely linked to the …” „… social policy goals that call for a reconciliation with the competition goals. “Social” understood in a …”

The transnational dimension of labour S. 78-80

„… a common market beyond national borders. With regard to the EU’s social policy standards, the theory …” „… demonstrated.321 Thus, the rationale for a common social policy must lie elsewhere. This has led to a recent …” „… attempt in the literature to re-conceptualise social rights and social policy as something other than …”

Content S. 9-16

„… and social policy - A question of the economic constitution of the European Community 21I. “Social …” „… policy versus the market” – an outline of the book 21II. The debate “social policy versus the market” as …” „… . The role of social policy in the interpretation of Article 81 EC as a part of the EC economic …”

Bibliography S. 217-232

„… Law, Oxford, Portland, 2002. Barnard, Catherine, EC "Social Policy", in: P. Craig and G. de Búrca (eds …” „… Policy, Oxford, Hart, 2001, 145-195. Marshall, T. H., Social policy, London, Hutchinson, 1975. Mason, E …” „… Maduro, Miguel, Europe's Social Self: "The Sickness Unto Death", in: J. Shaw (ed.), Social Law and Policy …”

Plurality of goals S. 83-84

„… ; Article 131-134 Common Commercial Policy; Article 136-145 Social Policy Provisions; Article 149-150 …” „… social policy on the other. It is to be ascertained whether there is a conflict between them, in the …” „… . Conflict The conflict between undistorted competition and social policy in this context is reflected in the …”

Comments on the term and concept of “social market economy” S. 149-151

„… social policy would be confined to instruments that are compatible with competitive markets. Therefore …” „… legislative acts and court cases have placed emphasis on the social policy goals of the EC, without, however …” „… the field of social policy will not be remarkably extended by the text of the Lisbon Treaty.The …”

The transposition of the concept to the EU level S. 148-149

„… related to the existing powers in the social policy chapters.630 In this light, the issue of its legal …” „… dimension of the EU since (as they see it) the implementation of social policy would be confined to …” „… placed emphasis on the social policy goals of the EC, without, however, clearly and in an a priori manner …”

Conflict S. 84

„… undistorted competition, in particular to the prohibition of cartels on the one hand, and social policy on the …” „… undistorted competition and social policy in this context is reflected in the potential social policy practice …” „… social policy goals or alleged to contribute to social policy goals could face the allegation of …”

Competition as a means to further ends S. 47-49

„… of living and quality of life, and economic and social cohesion.”…Competition policy plays its part …” „… Consten and Grundig.147 Motta, Competition Policy, Cambridge, Cambridge University Press, 2004, at 23. He …” „… Europäisches Kartellrecht, Köln, Heymanns, 2004, at 59; Motta,Competition Policy, Cambridge, Cambridge …”

The concept of “social market economy”: the original concept and its significance in practice S. 146-148

„… budget discipline.623The characteristic constraints of social policy refer thus to the instruments …” „… existing powers in the social policy chapters.630 In this light, the issue of its legal viability is …” „… competition policy. Protocol No 6 shares the rank of primary law. This means that, legally, the goal of …”

Conclusion S. 153-154

„… or simply superfluous. Competition policy cannot replace other policies such as social policy. If the …” „… disagreement on the relationship between the market and social policy, and the focus on the internal market and …” „… . Nonetheless, the social policy goals laid down in Articles 2 and 3 and the cross-sectional clauses do not …”

An open economic constitution S. 144-145

„… the judgment in Albany concerning social policy goals and was expressly mentioned in the opinion of AG …” „… Jacobs preceding the judgment regarding the relationship between social and competition policy.613 The …” „… recent Laval and Viking Lines cases have affirmed that both market-related and social policy goals are a …”

Arguments derived from the “constitutionalisation” of private law S. 173-176

„… fall under competition law and invite the examination of its compatibility with social policy goals. A …” „… rights and social policy principles. Based on this separation between the private and public sphere and …” „… whether Article 81 EC may be influenced by other “constitutional” values, for example, social fundamental …”

Article 81 (3) EC S. 112-132

„… the Treaty, O.J., C 101, 27/04/2004, 97 – 118, para. 42. 122 c. Case law involving social policy …” „… reconciliation of social policy and competition goals. Other noncompetition goals will be dealt with in order to …” „… seems to be one of the most farreaching in that social policy concerns are taken into account in the …”

Reconciliation of goals S. 81-83

„… mechanisms through which the goals of competition law and social policy can be reconciled still remains. One …” „… conflicts between social policy and competition. Conflicts of goals and values are part of the everyday …” „… ; Article 131-134 Common Commercial Policy; Article 136-145 Social Policy Provisions; Article 149-150 …”

The “elimination” of competition S. 145-146

„… decided by the Court with respect to the rank of a social policy objective of the Community could equally …” „… weaken the competition rules and strengthen the social policy element. 1. The “elimination” of …” „… of whether the equality of the competition and the social policy goals can be affected by the …”

Preface S. 5-8

„… law on the one hand and social policy on the other. It examines the situation under Regulation 17/62 …” „… interdependencies of competition goals and social policy goals in EC competition law. Under the European Economic …” „… be made. The relationship between the market and social policy depends highly on political choices …”

Precedence of market goals S. 141-143

„… economic model enshrined in the Treaty When approaching the role of the social policy goals in the …” „… , intervention with respect to social policy measures. An a priori hierarchy enshrined in the Treaty could …” „… evolution of a “janus-headed” social policy reflects fundamental tensions, which have been present since the …”

Comment S. 93-94

„… , despite the fact that it is expressly based on social policy considerations, the exemption of collective …” „… avoidance of a race to the bottom.371 Thus, the social policy goals can at least to a certain extent be …” „… possible needs to be assessed on a case-by-case basis. The translation of social policy goals into …”

The concept of the “economic constitution” as an analytical tool S. 25-28

„… of the market forces, competition law and policy regulate economic activities. The social policy …” „… detail that the interdependencies of aspects of production and distribution and social policy are …” „… emancipation of the social policy goals from their market-serving and market-correcting function is not …”

The “European rule of reason” S. 97-112

„… . The Modernisation of EC Antitrust Policy, Oxford, Hart, 2001, at 281; Forrester /Norall, The …” „… - The Objectives of Competition Policy, Oxford, Hart, 1998, at 543, 547; Wish, in: Ehlermann/Laudati …” „… , (eds.), European Competition Law Annual, 1997 - The Objectives of Competition Policy, Oxford, Hart …”

The rationale for domestic labour law S. 70-74

„… of this book.281II. The emancipation of social policy goals from their “market-serving” function The …” „… . To shed light upon the debate on the relationship between social policy and the market, the following …” „… choices. It will form the basis for derogations from the competition rules for the sake of social policy …”

Collective bargaining agreements in competition law: The Post-Albany case law and the reactions of scholars S. 92-93

„… bargaining agreements on social policy fall outside the scope of the competition rules, the scope of the …” „… it is expressly based on social policy considerations, the exemption of collective bargaining …” „… avoidance of a race to the bottom.371 Thus, the social policy goals can at least to a certain extent be …”

Collective bargaining agreements in competition law: Albany S. 90-92

„… nearly all Member States, the debate mainly focused on the source of the social policy goals, the …” „… exemption for social policy from the competition law rules and concluded that even if there were a …” „… workers. However, the social policy objectives pursued by such agreements would be seriously undermined if …”

The rationale of the public-private-distinction in light of ongoing changes in governance structures S. 159-160

„… the impact of social policy in the context of the fundamental freedoms, both, in the classic …” „… social policy a. Case law Especially the legislative acts and judicial decisions concerning the posted …” „… workers demonstrate the tensions between the free movement law and national social policy. The internal …”

Conclusion S. 145

„… decided by the Court with respect to the rank of a social policy objective of the Community could equally …” „… weaken the competition rules and strengthen the social policy element. 1. The “elimination” of …” „… of whether the equality of the competition and the social policy goals can be affected by the …”

Written derogations: Limitations on the scope of competition law S. 87-88

„… social policy goals in the practice of the Commission and the decisions of the Community Courts The …” „… following paragraphs will examine in more detail several situations in which social policy and competition …” „… general ipso factoexception for social policy. Several Advocates General have also come to this conclusion …”

Freedom as a value in itself S. 32-36

„… goals, particularly goals related to social policy, which play a key role in the present work. 1 …” „… law and policy (as well as national competition law and policy), this term has been intrinsically tied …” „… increasingly in Europe, antitrust and competition law and policy have been closely associated with the …”

Non-competition goals S. 59-60

„… protection of the environment, social policy, cultural policy, the protection of health and safety, and the …” „… , social or industrial policy, or of the broadly perceived “public interest””, at 6. In a footnote, he …” „… whilst competition law and policy inevitably interfere with them. Although the wording of Article 81 EC …”

A mixed economic constitution with a systemic guarantee of the market mechanism S. 143-144

„… judgment in Albany concerning social policy goals and was expressly mentioned in the opinion of AG Jacobs …” „… preceding the judgment regarding the relationship between social and competition policy.613 The recent Laval …” „… and Viking Lines cases have affirmed that both market-related and social policy goals are a priori …”

The case law of the US Supreme Court on the non-competition goals under Section 1 of the Sherman Act S. 155-157

„… its implications for the role of social policy goals under Article 81 EC. II. Origins and …” „… the competitive significance of the restraint; it is not to decide whether a policy favoring …” „… defined by statute, that policy decision has been made by the Congress.’658It went on as follows: ‘[t]he …”

Limitations on the scope of competition law: Implicit derogations on the basis of the allocation of powers S. 88-89

„… cases. It follows a contrario that there is no general ipso factoexception for social policy. Several …” „… competences. Even though the powers of the Community to legislate, for example, in the field of social policy …” „… fundamental freedoms in the areas of social security law,346 EU-citizenship read in conjunction with the …”

The US “rule of reason” S. 94-97

„… Article 81(3) EC could be the starting point for analysing social policy goals in EC competition law …” „… terminology is used by Moni, Monti, Article 81 EC and Public Policy, 39 Common Market Law Review (2002 …” „… whether a policy favoring competition is in the public interest, or in the interest of the members of an …”

Balance between market and non-market goals under the EC Treaty S. 31-32

„… policy fields and undoubtedly balanced the original market orientation. A high level of employment and …” „… social protection, equality between men and women, economic and social cohesion, and solidarity among …” „… interests56, public health57, consumer protection58 or industrial policy59. In the context of the …”

Compatibility of and harmonisation among the several goals S. 41-44

„… 43as fighting inflation have affected the implementation of economic policy.115Employment aspects …” „… have led to the relaxation of competition rules to quell social tensions,116 and environmental concerns …” „… as well as industrial policy issues have been considered either on the substantive level of …”

Conclusion on the role of private parties in governance matters S. 180

„… social policy within private parties’ agreements as the form of regulation, which is given priority over …” „… prevented from pursuing social policy objectives. On the other hand, democratic participation and …”

Non-competition goals in the interpretation of Article 81 (3) EC under Reg. 1/2003 S. 193-200

„… finding was based on the Treaty structure and the presence of policy-linking clauses by placing Article 81 …” „… incapable of direct effect such as Article 2 EC and the policy-linking clauses; furthermore, he claimed that …” „… , or against the authorities of a Member State”. 847845 Schweitzer, Competition Law and Public Policy …”

Competition law and the state action doctrine S. 176-180

„… eventually encourage and even justify the pursuit of social policy within private parties’ agreements as the …” „… . The question arises as to how the claims of competition policy, ensuring private autonomy of …” „… , the restraint must be “clearly articulated and affirmatively expressed as state policy” and that …”

Limitations on the scope of competition law: Implicit derogations on the basis of fundamental rights S. 89-90

„… focused on the source of the social policy goals, the justification for the derogations, and their scope …” „… areas of social security law,346 EU-citizenship read in conjunction with the non-discrimination …” „… Competition Policy, COM (94), 161, point 77: “it is clear that agreements which restrict competition continue …”

Socio-political issues S. 40-41

„… ., Göttingen, Vanderhoek, 1967.112 Motta, Competition Policy, 2004, Cambridge, Cambridge University Press, at …” „… 22. 113 Bork, The Antitrust Paradoxon - A policy at war with itself, 2nd ed., New York, Free Press …” „… inflation have affected the implementation of economic policy.115Employment aspects have led to the …”

Comment S. 77-78

„… principles should only yield to labour law when necessitated by policy considerations based upon efficiency …” „… social security systems. The 19th century scenarios of a threat to human existence no longer seem …” „… points towards the limited mobility of the worker as a result of his embeddedness in a social environment …”

Assessment of the reform S. 200-208

„… opinions could contribute to a clarification of the role of social policy goals in the interpretation of …” „… , has the ultimate but not the sole responsibility for developing policy and safeguarding consistency …” „… whether courts in general, compared to the other branches of government, may adopt policy decisions …”

The interdependencies between the institutional / enforcement-related and substantive aspects S. 181-183

„… and holistic approaches to competition law, the Treaty’s chapter on competition law and policy could …” „… (related to the institutions, their powers and the institutional balance) of competition law and policy …” „… .), European Competition Law Annual 2000. The Modernisation of EC Antitrust Policy, Oxford, Hart, 2001 …”

Conclusion: The goals of EC competition law S. 57-59

„… competition upon broader social goals, they are not driving forces of competition policy. The policies with a …” „… .2036. Conclusion: The goals of EC competition law Embedding competition law and policy in its context …” „… . Efficiency as a goal of competition law and policy and economics-based approaches are being given growing …”

Economic efficiency S. 49-54

„… or social goals, the effect of the shift may be very limited157, but no less dangerous for the past …” „… absence of an envisaged change of the competition policy chapter, the practical application of the rules …” „… governed by the rules in the competition policy chapter and relevant secondary law, but those that relied …”

Titelei S. 2-4

„… Constanze SemmelmannSocial Policy Goals in the Interpretation of Article 81 ECNomos1. Auflage 2008 …”

The competition rules and the free movement rules: The complementary character of the early days S. 157-158

„… implications for the role of social policy goals under Article 81 EC. II. Origins and justification of the …”

doi.org/10.5771/9783845210797

Martin Behrens, Heiner Dribbusch - Industrial Relations in Germany

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Martin Behrens (ed.), Heiner Dribbusch (ed.)

Industrial Relations in Germany

2019

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Anke Hassel, Wolfgang Schroeder Trade Union Membership Policy : the Key to Stronger Social Partnership S. 73-94

„… 73 Trade Union Membership Policy : the Key to Stronger Social Partnership The organising power …” „… . attitudes and opinions and 5. the social environment (ibid., p. 571). TRADE UNION MEMBERSHIp pOLICy 81 …” „… social TRADE UNION MEMBERSHIp pOLICy 89 T A B L E 3 G er m an t ra d e u n io n m em b er s su rv …”

Daniel Seikel, Nadine Absenger The Impact of the Jurisprudence of the Court of Justiceof the European Union on Germany’s Collective Bargaining System S. 123-144

„… )� Fourth, regulatory measures that fall within the area of European social policy (Article 153 TFEU) have a …” „… social policy goals� The CJEU argued that although collective agreements, by their very nature, involve …” „… restrictions of competition, the attainment of the social policy goals strived for with collective agreements …”

Martin Behrens, Heiner Dribbusch, Anke Hassel Industrial Relations in Germany – Dynamics and Perspectives S. 7-10

„… the WSI elaborate policy proposals aimed at overcoming labour market restrictions and social problems …” „… market, social policy. @ E-Mail : Hassel@hertie-school.org …” „… , HEINER DRIBBUSCH, ANKE HASSEL The Institute of Economic and Social Research (WSI) is trade-union related …”

Heiner Dribbusch New Militancy in a Changing Industrial Landscape S. 95-122

„… finally health services (see Böhlke 2009)� This was compounded by an approach to tax and social policy …” „… demands by service workers for greater social recognition and esteem� HEINER DRIBBUSCH 96 Post-war …” „… exception – became the norm� The liberalisation of financial markets combined with the neo-liberal social …”

Abstracts · Zusammenfassungen S. 145-150

„… � ANKE HASSEL, WOLFGANG SCHROEDER Trade Union Membership Policy : the Key to Stronger Social Partnership …” „… relevant social actors have expressed the view that new initiatives are necessary to reverse that trend …” „… social partners, affecting the right to strike as well as specific regulations in collective agreements …”

Titelei/Inhaltsverzeichnis S. 1-6

„… WSI Works Council Survey ANKE HASSEL, WOLFGANG SCHROEDER Trade Union Membership Policy : the Key to …” „… Stronger Social Partnership � � � � � � 73 HEINER DRIBBUSCH New Militancy in a Changing Industrial …”

Thorsten Schulten German Collective Bargaining – from Erosion to Revitalisation ? S. 11-30

„… decrease in levels of collective bargaining coverage for more than two decades, all relevant social actors …” „… much more emphasis on the strategic options of social actors to shape the developments of industrial …” „… Social Democrats� One expression for the changing discourse was the adoption of the Law for the …”

doi.org/10.5771/9783748900573

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