Issues of social inclusion and social protection were brought to the fore of political and academic discussions once again by the Treaty of Lisbon. The fight against social exclusion, the promotion of social justice and protection, as well as social cohesion are confirmed to be among the aims of the Union (Article 3 TEU). Moreover, requirements linked to the guarantee of adequate social protection and the fight against social exclusion should be considered both at the levels of design and implementation of EU policies and activities (Article 9 TFEU).
The interaction between legal instruments and policy coordination in the field of social inclusion and social protection constitutes the theme of this book. The contributions essentially inquire whether there is any interaction at all, or if the two realms of law and policy of the EU function in parallel. If there is any sort of interchange between the two, in what areas is it taking place, and what does it result into?
Legal and political scholars were invited to address these questions and analyse the involvement of the European Union in promoting social inclusion and protection. The book opens with two introductory chapters on the political and legal contexts, and then focuses on the specific cases of health care, pension systems, and means of combating poverty. Each subject matter has been addressed in a complementary fashion through the lenses of juridical and political sciences, which lends the book a cross-disciplinary approach.
About this book
‘[…] a useful text for advanced students of social policy or law students who wish to look beyond the black letter law of the European Union. The book reflects its multidisciplinary authorship. Readers are likely to be drawn to those chapters which address their own disciplines and policy areas. However, as with this journal, for readers who choose to cross these disciplinary boundaries, the book will provide insights into new ways of thinking about old problems.’
Jackie Gulland in 16 EJSS (2014)
Social Protection and Social Inclusion in the EU: Any Interactions between Law and Policy? (p. 1)
Modest Beginnings, Timid Progresses: What’s Next for Social Europe? (p. 17)
The EU Legal Framework of Social Inclusion and Social Protection: Between the Lisbon Strategy and the Lisbon Treaty (p. 41)
The OMC and Beyond: ‘Soft -to-Hard-to-Soft ’ Governance of Health Care in the EU (p. 71)
Harmonization in Health Care: The EU Patients’ Rights Directive (p. 105)
EU Coordination of Pension Policy: Policy Content and Influence on National Reforms (p. 131)
Interactions Between Policy and Law Regarding Pensions (p. 153)
Between Dream and Reality … On Anti-Poverty Policy, Minimum Income Protection and the European Social Model (p. 173)
Union Law and the Fight Against Poverty: Which Legal Instruments? (p. 205)
The Law & Cosmopolitan Values series contains monographs and collections of essays that address fundamental topics in law and globalisation, which range over doctrinal as well as normative questions of International and European law, human rights, justice and democracy. A main purpose of the series is to encourage scholarship that explores and transcends the categories and assumptions on which contemporary debates on globalization are conducted, and to stimulate reflection upon questions concerning the interplay between law, policy and principle.
Recognizing that there is non sharp distinction between theoretical and systematic work in the field from an analysis of law in context, the editors welcome studies from a wide variety of methodological traditions.
The contributions to the series which inevitably cross disciplinary lines appeal to students, researchers and professionals in public law, international law, human rights law, political science, legal, and political philosophy.
Editorial Board: Koen De Feyter, Patricia Popelier and Wouter Vandenhole.
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