IDEAS home Printed from https://ideas.repec.org/p/mse/cesdoc/11065.html
   My bibliography  Save this paper

The unbearable foreignness of EU law in social policy, a sociological approach to law-making

Author

Listed:

Abstract

The main purpose of the present text is assessing EU law from the perspective of its "impact" on national systems of social protection, social services and labour law: how does EU governance affect "social policy" in the Union? After recalling the main characteristics of EU governance and presenting the relevant actors of the making of EU social law, we systematically compare EU and national law with respect to two essential dimensions: EU law making in general and the special case of "social law". Eventually we arrive at a global comparative assessment of the respective legitimacies of EU law and national legislation. Considered from the point of view of relevant actors interviewed during the research, the dynamics of this interaction emerges as structurally constrained but rather open-ended

Suggested Citation

  • Jean-Claude Barbier & Fabrice Colomb, 2011. "The unbearable foreignness of EU law in social policy, a sociological approach to law-making," Documents de travail du Centre d'Economie de la Sorbonne 11065, Université Panthéon-Sorbonne (Paris 1), Centre d'Economie de la Sorbonne.
    • Handle: RePEc:mse:cesdoc:11065
    as

    Download full text from publisher

    File URL: ftp://mse.univ-paris1.fr/pub/mse/CES2011/11065.pdf
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. Höpner, Martin, 2008. "Usurpation statt Delegation: Wie der EuGH die Binnenmarktintegration radikalisiert und warum er politischer Kontrolle bedarf," MPIfG Discussion Paper 08/12, Max Planck Institute for the Study of Societies.
    2. repec:bla:jcmkts:v:46:y:2008:i::p:1095-1095 is not listed on IDEAS
    3. Gerda Falkner & Oliver Treib, 2008. "Three Worlds of Compliance or Four? The EU‐15 Compared to New Member States," Journal of Common Market Studies, Wiley Blackwell, vol. 46(2), pages 293-313, March.
    4. repec:bla:jcmkts:v:47:y:2009:i::p:219-233 is not listed on IDEAS
    5. repec:bla:jcmkts:v:45:y:2007:i::p:653-674 is not listed on IDEAS
    6. repec:bla:jcmkts:v:46:y:2008:i::p:293-313 is not listed on IDEAS
    7. Ferrera, Maurizio, 2005. "The Boundaries of Welfare: European Integration and the New Spatial Politics of Social Protection," OUP Catalogue, Oxford University Press, number 9780199284672.
    8. Maurizio Ferrera, 2009. "The JCMS Annual Lecture: National Welfare States and European Integration: In Search of a ‘Virtuous Nesting’," Journal of Common Market Studies, Wiley Blackwell, vol. 47(2), pages 219-233, March.
    9. Miriam Hartlapp, 2007. "On Enforcement, Management and Persuasion: Different Logics of Implementation Policy in the EU and the ILO," Journal of Common Market Studies, Wiley Blackwell, vol. 45(3), pages 653-674, September.
    10. Zeitlin, Jonathan & Trubek, David M. (ed.), 2003. "Governing Work and Welfare in a New Economy: European and American Experiments," OUP Catalogue, Oxford University Press, number 9780199257171.
    Full references (including those not matched with items on IDEAS)

    Most related items

    These are the items that most often cite the same works as this one and are cited by the same works as this one.
    1. Jean-Claude Barbier & Fabrice Colomb, 2011. "The unbearable foreignness of EU law in social policy, a sociological approach to law-making," Université Paris1 Panthéon-Sorbonne (Post-Print and Working Papers) halshs-00639906, HAL.
    2. Jean-Claude Barbier & Fabrice Colomb, 2011. "The unbearable foreignness of EU law in social policy, a sociological approach to law-making," Post-Print halshs-00639906, HAL.
    3. Jean-Claude, Barbier and Fabrice Colomb, 2012. "EU Law as Janus bifrons, a sociological approach to 'Social Europe'," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 16, February.
    4. Jean-Claude Barbier & Fabrice Colomb, 2015. "The Janus face of EU law: A sociological perspective on European law making and its influence on social policy in the EU," Chapters, in: Jean-Claude Barbier & Ralf Rogowski & Fabrice Colomb (ed.), The Sustainability of the European Social Model, chapter 1, pages 19-43, Edward Elgar Publishing.
    5. Jean-Claude Barbier & Fabrice Colomb, 2014. "The Janus faces of European policy," Transfer: European Review of Labour and Research, , vol. 20(1), pages 23-36, February.
    6. repec:bla:jcmkts:v:47:y:2009:i::p:17-42 is not listed on IDEAS
    7. Sascha Zirra, 2010. "The Bounded Creativity of Domestic Appropriation Explaining Selective Flexicurity in Continental Countries," Les Cahiers européens de Sciences Po 2, Centre d'études européennes (CEE) at Sciences Po, Paris.
    8. Mussche, Ninke & Corluy, Vincent & Marx, Ive, 2016. "The Rise of the Free Movements: How Posting Shapes a Hybrid Single European Labour Market," IZA Discussion Papers 10365, Institute of Labor Economics (IZA).
    9. Vivien A. Schmidt, 2009. "Re‐Envisioning the European Union: Identity, Democracy, Economy," Journal of Common Market Studies, Wiley Blackwell, vol. 47(s1), pages 17-42, September.
    10. Scharpf, Fritz W., 2007. "Reflections on multilevel legitimacy," MPIfG Working Paper 07/3, Max Planck Institute for the Study of Societies.
    11. Dorte Sindbjerg Martinsen & Gabriel Pons Rotger, 2017. "The fiscal impact of EU immigration on the tax-financed welfare state: Testing the ‘welfare burden’ thesis," European Union Politics, , vol. 18(4), pages 620-639, December.
    12. repec:bla:jcmkts:v:44:y:2006:i::p:845-864 is not listed on IDEAS
    13. Brigitte Pircher & Karl Loxbo, 2020. "Compliance with EU Law in Times of Disintegration: Exploring Changes in Transposition and Enforcement in the EU Member States between 1997 and 2016," Journal of Common Market Studies, Wiley Blackwell, vol. 58(5), pages 1270-1287, September.
    14. Diesenreiter, Carina & Österle, August, 2021. "Patients as EU citizens? The implementation and corporatist stakeholders’ perceptions of the EU cross-border health care directive in Austria," Health Policy, Elsevier, vol. 125(11), pages 1498-1505.
    15. Loukas Tsoukalis, 2006. "The JCMS Lecture: Managing Diversity and Change in the European Union," Journal of Common Market Studies, Wiley Blackwell, vol. 44(1), pages 1-15, March.
    16. Brian Burgoon, 2009. "Social Nation and Social Europe," European Union Politics, , vol. 10(4), pages 427-455, December.
    17. Francesca Modena & Fabio Sabatini, 2012. "I would if I could: precarious employment and childbearing intentions in Italy," Review of Economics of the Household, Springer, vol. 10(1), pages 77-97, March.
    18. Christopher T. Whelan & Bertrand Maître, 2012. "Material Deprivation, Economic Stress and Reference Groups in Europe: An Analysis of EU-SILC2009," Working Papers 201206, Geary Institute, University College Dublin.
    19. Antonelli Maria Alessandra & De Bonis Valeria, 2018. "Assessing the performance of social spending in Europe," Central European Journal of Public Policy, Sciendo, vol. 12(1), pages 17-31, June.
    20. James P. Cross, 2012. "Interventions and negotiation in the Council of Ministers of the European Union," European Union Politics, , vol. 13(1), pages 47-69, March.
    21. Dan Marek & Michael Baun & Marcin DÄ…browski, 2017. "The challenge of implementing European Union environmental law in the new member states: The Urban Waste Water Treatment Directive in the Czech Republic and Poland," Environment and Planning C, , vol. 35(6), pages 1117-1135, September.
    22. Hemerijck, Anton & Eichhorst, Werner, 2009. "Whatever Happened to the Bismarckian Welfare State? From Labor Shedding to Employment-Friendly Reforms," IZA Discussion Papers 4085, Institute of Labor Economics (IZA).

    More about this item

    Keywords

    Sociology of European law; European social policy; European integration; court of justice of the EU; Europeanization;
    All these keywords.

    JEL classification:

    • I38 - Health, Education, and Welfare - - Welfare, Well-Being, and Poverty - - - Government Programs; Provision and Effects of Welfare Programs
    • K31 - Law and Economics - - Other Substantive Areas of Law - - - Labor Law
    • H77 - Public Economics - - State and Local Government; Intergovernmental Relations - - - Intergovernmental Relations; Federalism

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:mse:cesdoc:11065. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Lucie Label (email available below). General contact details of provider: https://edirc.repec.org/data/cenp1fr.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.