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Normative Patterns and Legal Developments in the Social Dimension of the EU, 1st edition

Published by Hart Publishing (June 28th 2013) - Copyright © 2013

1st edition

Normative Patterns and Legal Developments in the Social Dimension of the EU

ISBN-13: 9781849464352

Includes: eText

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Overview

This book explores the normative and legal evolution of the Social Dimension - labour law, social security law and family law - in both the EU and its Member States, during the last decade. It does this from a wide range of theoretical and legal-substantive perspectives. The past decade has witnessed the entering into force of the Lisbon Treaty and its emphasis on fundamental rights, a new coordination regulation within the field of social security (Regulation 883/2004/EC), and the case law of the Court of Justice of the European Union in the so-called Laval Quartet. Furthermore structural changes affecting demographics and family have also challenged solidarity in new ways. The book is organised by reference to distinct 'normative patterns' and their development in the fields of law covered, such as the protection of established groups, the position of market functional values and the scope for just distribution. The book represents an innovative and important interdisciplinary approach to analysing EU law and Social Europe, and contributes a complex, yet thought-provoking, picture for the future. The contributors represent an interesting mix of well-known and distinguished as well as upcoming and promising researchers throughout Europe and beyond.

Table of contents

Part I Introduction 1. Introduction Ann Numhauser-Henning and Mia R¿nnmar Part II Law as Normative Patterns and Other Theoretical Perspectives 2. Understanding Law as Normative Patterns in a Normative Field Ann Numhauser-Henning 3. Law Beyond Law Kaarlo Tuori 4. The 'Autonomy' of Private Governments: Building on Italian Labour Law Scholarship in a Transnational Perspective Silvana Sciarra Part III Protection of Established Position and Normative Development 5. Protection of Established Position, Normative Incoherence and the Changing Normative Field of Labour Law Niklas Bruun 6. Protection of Established Position, Social Protection and the Legal Situation of the Elderly in the European Union Mia R¿nnmar 7. Participation and Flexibility for All? A Study of Modern Family Structures and Children's Rights Titti Mattsson Part IV Market-Functionalism and Normative Development 8. Concepts of the Market in Labour Law Simon Deakin 9. The Use of Market Forces in Social Security: How Insurance-like Should Social Insurance Be? Per Norberg 10. Parenthood Meets Market-Functionalism: Parental Rights in the Labour Market and the Importance of the Gender Dimension Jenny Jul¿n Votinius Part V Just Distribution and Normative Development 11. Flexicurity and Labour Law: Labour Market Segmentation, Precarious Work and Just Distribution Judy Fudge 12. Changing Normative Patterns in Statutory Old-Age Pensions: Reflections on Developments Due to Pension Reform and EU Citizenship Thomas Erhag 13. Normative Patterns in the Context of Divorce in Sweden Eva Ryrstedt

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