EU Employment Law and the European Social Model: The Past, the Present and the Future

67 Current Legal Problems, 2014, Forthcoming

University of Cambridge Faculty of Law Research Paper No. 43/2014

32 Pages Posted: 26 Jul 2014

See all articles by Catherine Barnard

Catherine Barnard

University of Cambridge - Trinity College

Date Written: July 1, 2014

Abstract

If the critics are right, the EU social model is dead and that’s the end of it. Those on the right may well be dancing on its grave; those more sympathetic might mourn its passing. My view is more sanguine. I shall argue that the European social model is certainly facing unprecedented challenges. However, I will suggest that these challenges, caused in part by the EU’s response to the crisis but more generally resulting from a growing hostility towards the European Union project as a whole, are not terminal and that there is – and should be - a continued role for the European social model and its employment dimension in particular.

The article therefore considers what is meant by the European social model (ESM) and why the ESM is important. It then examines why the ESM, and its employment dimension in particular, is facing such difficulties before recognising that, in fact, the EU’s history demonstrates that the ESM has, in fact, a long-standing ability to regenerate and resurrect itself in different guises. Given this regenerative capacity, the article will conclude by considering the form EU social policy might take going forward.

Keywords: EU Social Model, European Union, ESM, Employment, Labour Law, Labour, Social Policy

JEL Classification: K3, K31, K33

Suggested Citation

Barnard, Catherine, EU Employment Law and the European Social Model: The Past, the Present and the Future (July 1, 2014). 67 Current Legal Problems, 2014, Forthcoming, University of Cambridge Faculty of Law Research Paper No. 43/2014, Available at SSRN: https://ssrn.com/abstract=2471740

Catherine Barnard (Contact Author)

University of Cambridge - Trinity College ( email )

10 West Road
Cambridge, CB3 9DZ
United Kingdom
00 44-1223 - 33 00 33 (Phone)
00 44-1223 - 33 00 55 (Fax)

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