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The Treaty of Lisbon and the Future of European Law and Policy

The Treaty of Lisbon and the Future of European Law and Policy

Edited by Martin Trybus and Luca Rubini

This comprehensive and insightful book discusses in detail the many innovations and shortcomings of the historic Lisbon version of the Treaty on European Union and what is now called the Treaty on the Functioning of the European Union.

Chapter 23: The Future of Employment Law and Policy after Lisbon: The Rise of Solidarity Rights?

Lisa Rodgers

Subjects: law - academic, european law


Lisa Rodgers 1. INTRODUCTION The aim of this chapter is to provide a specific example of the potential (and actual) impact of the Lisbon Treaty in one particular domain: that of employment law and policy. It is argued that the particular mix of ‘hard law’ and ‘soft law’ in the employment field prior to the ratification of the Treaty, and the relationship between employment and social rights under the Charter of Fundamental Rights of the EU (the Charter) makes this area particularly pertinent to an investigation of changes to European law and policy post-Lisbon. The chapter will proceed first by introducing the main instruments of employment law and policy in the EU as different ‘types’ of regulation. Second, there will be an investigation of the procedural changes introduced by the Treaty of Lisbon, and of their impact on the field of employment law and policy. The chapter will then consider the substantive changes in the post-Lisbon employment law and policy and provide an analysis of the significance of these changes for employment regulation at EU level. 2. THE AIMS AND PURPOSE OF THE LISBON TREATY AND SOCIAL POLICY The Lisbon Treaty arose out of a fairly lengthy process of constitutional reform which began at the Intergovernmental Conference of 2000. As well as agreeing to the Treaty of Nice, that conference also adopted a ‘Declaration on the Future of the Union’, highlighting the need for a wide-ranging 436 Columns Design XML Ltd / Job: Trybus-Treaty_Lisbon_and_Future...

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