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Archive for August, 2009

Varieties of Welfarism in European Contract Law (Wilhelmsson, ELJ 2004)

August 11, 2009 By: Admin Category: Social Justice

Abstract:

A scheme describing six welfarist directions in modern contract law is used to assess the extent to which current European measures that affect contract law have embraced these welfarist developments. Although some EC legislation may be interpreted as possessing elements of a limited welfarist perspective, it is concluded that bolder welfarist strands have proved largely absent. A European civil code or contract code would prove too static an instrument to promote the evolution of further welfarist developments.

Blunt Dichotomies on Contractual Values

The issue of social justice in contract law has finally been brought more clearly back on the agenda in the debate on harmonisation of European contract law. As such, the social justice issue is of course not new. Even contract literature from decades ago swells with descriptions and analyses of the changes in contract law towards a greater inclusion of other social values than purely market-oriented, liberal ones. In the present situation, those old ideas, as well as more recent reformulations, retain their actuality. The focus on harmonisation in the debate of today, however, requires a representation of the ideas in some new clothing.
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The European Social Model: Coping with the Challenges of Diversity (Scharpf, JCMS 2002)

August 11, 2009 By: Admin Category: Social Justice

Article by Fritz W. Scharpf from the Max-Planck-Institute for the Study of Societies, Cologne

Abstract

European integration has created a constitutional asymmetry between policies promoting market efficiencies and policies promoting social protection and equality. National welfare states are legally and economically constrained by European rules of economic integration, liberalization and competition law, whereas efforts to adopt European social policies are politically impeded by the diversity of national welfare states, differing not only in levels of economic development and hence in their ability to pay for social transfers and services but, even more significantly, in their normative aspirations and institutional structures. In response, the ‘open method of coordination’ is now being applied in the social-policy field. It leaves effective policy choices at the national level, but tries to improve these through promoting common objectives and common indicators, and through comparative evaluations of national policy performance. These efforts are useful but cannot overcome the constitutional asymmetry. Hence there is reason to search for solutions which must have the character of European law in order to establish constitutional parity with the rules of European economic integration, but which also must be sufficiently differentiated to accommodate the existing diversity of national welfare regimes. The article discusses two such options, ‘closer co-operation’ and a combination of differentiated ‘framework directives’ with the open method of co-ordination.

Click here to read The European Social Model: Coping with the Challenges of Diversity (Fritz W. Scharpf, JCMS 2002)

Soziales Vertragsrecht – Eine rechtsevolutorische Studie (Amstutz/Abegg/Karavas 2006)

August 11, 2009 By: Admin Category: Contract theory

The link below contains the report „Soziales Vertragsrecht – Eine rechtsevolutorische Studie“ (von Marc Amstutz / Andreas Abegg / Vaios Karavas)

Click here to read ‘Soziales Vertragsrecht’ (Amstutz/Abegg/Karavas 2006)

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does football have a future

August 10, 2009 By: Admin Category: DCFR, Labour Law

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Article sur le Traité établissant une Constitution pour l’Europe (2005)

August 10, 2009 By: Admin Category: Labour Law

Cliquez ici pour lire l’article ‘Trois points de vue sur le Traité établissant une Constitution pour l’Europe’(Bercusson, Mückenberger, Supiot, Semaine sociale Lamy, mai 2005)

Ulrich Mückenberger est par ailleurs directeur du TIMELAB (unité de recherche sur les politiques du temps) et du CIS Hamburg (Centre d’Études Internationales Hambourg). Il a notamment dirigé le Manifeste pour une Europe sociale 1re éd. Paris, Desclée de Brouwer, 1996, 2e éd. en anglais Manifesto Social Europe, Institut syndical européen, Bruxelles 2001. Alain Supiot a notamment dirigé Au-delà de l’emploi. Transformations du travail et devenir du droit du travail en Europe, Rapport pour la Commission européenne, Paris, Flammarion, 1999 et publié durant l’élaboration du Traité : « Cinq questions pour la constitution d’une société européenne » Recueil Dalloz, 2003, Chronique, pp. 289-294.

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does alcohol consumption affect weight loss and muscle growth

August 10, 2009 By: Admin Category: Contract theory, Tenancy Law

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