The Metamorphosis of the European Economic Constitution
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The Metamorphosis of the European Economic Constitution

Edited by Herwig C.H. Hofmann, Katerina Pantazatou and Giovanni Zaccaroni

Demonstrating the ways in which the micro and macro-economic constitutions of Europe have reacted to legal measures enacted to counter the economic crisis of the past decade, this innovative book takes an interdisciplinary approach in its attempt to understand and portray the metamorphosis of the European Economic Constitution. It contains contributions from leading scholars and experts in European economic law, discussing the challenges, solutions found, problems arising and possible approaches to embed the economic constitution in the broader constitutional framework of the EU.
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Chapter 6: Economic constitutionalism and the European social model: can European law cope with the deepening tensions between economic and social integration after the financial crisis

Christian Joerges, Vladimir Bogoeski and Lukas Nüse

Abstract

This chapter addresses, in a new fashion, the long-standing problem of the relationship between the ‘economic’ and the ‘social’ in Europe before and after the Maastricht Treaty. The authors argue in particular that the current - problematic - state of affairs of the relationship between the two fundamental elements of European integration has been caused by an imperfect compromise between two competing constitutional conceptions. The weakness of this compromise is well reflected in the inadequacy of the measures enacted to counter the economic crisis. To substantiate this argument the authors analyse, in the last part of the chapter, the three countermoves of the Commission: the European Pillar of Social Rights, the revision of the Posted Workers Directive and the idea of an European Unemployment Scheme.

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