Full Description
Where is EU now? And in which direction are we heading? That is the question at stake in the book: "Integrating Welfare Functions into EU Law". The book brings together essays by leading legal scholars from a number of European countries. The essays debate whether welfare functions can be expected to become increasingly integrated into EU law following the general development so far. Overall, the essays are thus evolutionary in their approach. The book contains eleven contributions altogether, each of which addresses different dimensions of the evolution regarding welfare functions in EU law - at times already from the adoption of the Treaty of Rome until today. The first two essays have a more general character and consider the issue of new aims and values of the EU. In this context, Christian Joerges' essay discusses the renaissance of the European Economic Constitution, whereas Bruno de Witte and Dragana Damjanovic at the general level discuss welfare integration through EU law in the light of the Treaty of Lisbon. Ruth Nielsen, Andrzej Swiatkowski, and Michael Dougan focus on union citizens and migrant workers.
Ulla Neergaard, Vassilis Hatzopoulos, Erika Szyszczak, and Grith A lykke address the issue of liberalisation of public welfare services in different contexts. Finally, Lynn Roseberry and Aileen McColgan consider the relationship between prohibitions against discrimination and integration of welfare functions into EU law. The foregoing summaries of the contributions indicate general agreement in a number of areas. The authors generally share the impression that EU law has had a significant impact on welfare functions over the years - with or without the Treaty of Lisbon. In addition, the authors generally share the point of view that the Treaty of Lisbon will imply a shift to recognition of a wider set of values, however, only with little guidance as to how the tensions between various policies and values will be mediated or adjudicated. Also, blurred boundaries between the competences of the EU and the competences of the Member States will continue to exist.
Contents
Introduction by the editors | Part I: New Aims and Values of the EU? | Christian Joerges: A Renaissance of the European Economic Constitution? | Dragana Damjanovic and Bruno De Witte: Welfare Integration through EU Law: The Overall Picture in the Light of the Lisbon Treaty | Part II: Union Citizens and Migrant Workers | Ruth Nielsen: The Charter of Fundamental Rights and Migrant Workers' Welfare Rights | Andrzej Marian Swiatkowski: European Union Citizenship and the Rights of Access for Welfare State: A Comparison with Welfare Rights Guaranteed by the Council of Europe as Seen from the Perspective of a New Member State | Michael Dougan: The Spatial Restructuring of National Welfare States within the European Union: The Contribution of Union Citizenship and the Relevance of the Treaty of Lisbon | Part III: Liberalisation of Public Welfare Services | Ulla Neergaard: Services of General (Economic) Interest: What Aims and Values Count? | Vassilis Hatzopoulos: Services of General Interest in Healthcare: An Exercise in Deconstruction? | Grith Skovgaard Olykke: Submission of Low Price Tenders by Public Tenderers - Exemplified by Public Procurement of Railway Services in Denmark | Erika Szyszczak: Legal Tools in the Liberalisation of Welfare Markets | Part IV: The Relationship between Prohibitions against Discrimination and Integration of Welfare Functions into EU law | Lynn Roseberry: The Integration of Welfare Functions into EU Law through the Principle of Non-discrimination and the Consequences for Third Country Nationals | Aileen McColgan: Prohibitions against Discrimination and Integration of Welfare Functions into EU law: Potential Pitfalls? | The Authors | List of Abbreviations
