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

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.

Autorentext

Ann Numhauser-Henning and Mia Rönnmar are both Professors of Private Law at Lund University, Sweden.

Inhalt

Part I Introduction

1. Introduction
   Ann Numhauser-Henning and Mia Rönnmar
   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 Rönnmar
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 Julén 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