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“‘Social Solidarity’: A Buttress Against Internal Market Law?”

Hervey, Tamara K. (1999) “‘Social Solidarity’: A Buttress Against Internal Market Law?”. In: UNSPECIFIED, Pittsburgh, PA. (Unpublished)

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    The purpose of this paper is to analyse the emergent concept of ‘social solidarity,’ in the context of the jurisprudence of the European Court of Justice and the interplay between national social policy provision and the EU’s internal market and competition law. Recently the Court has begun to deal more explicitly with the potential problems which the supremacy of internal market law, reinforced by individual litigation, may pose for national social welfare systems. The Court has done so through articulating the principle of ‘social solidarity,’ according to which restrictions on internal market law may be justified. The paper will consider whether ‘social solidarity,’ as conceived by the Court, is an effective means of protecting social policy entitlements within the EU’s multi-level system of governance.

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    Item Type: Conference or Workshop Item (UNSPECIFIED)
    Subjects for non-EU documents: EU policies and themes > Policies & related activities > law & legal affairs-general (includes international law)
    EU policies and themes > Policies & related activities > competition policy
    EU policies and themes > Policies & related activities > social policy > general
    EU policies and themes > EU institutions & developments > European Court of Justice/Court of First Instance
    Subjects for EU documents: UNSPECIFIED
    EU Series and Periodicals: UNSPECIFIED
    EU Annual Reports: UNSPECIFIED
    Conference: European Union Studies Association (EUSA) > Biennial Conference > 1999 (6th), June 2-5, 1999
    Depositing User: Phil Wilkin
    Official EU Document: No
    Language: English
    Date Deposited: 20 Nov 2006
    Page Range: p. 21
    Last Modified: 15 Feb 2011 17:22

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