{"title":"欧洲社会权利支柱:危险的分心?","authors":"Stephan Seiwerth","doi":"10.54648/ijcl2023016","DOIUrl":null,"url":null,"abstract":"The European Pillar of Social Rights set out to reaffirm a European promise of universal welfare and prosperity as a remedy for a perceived crisis of legitimacy of the EU. This paper argues that the Pillar does not actually state legally binding rights and that ist name is therefore misleading. However, case-law of the European Court of Justice indicates that the Pillar could be used as a tool for the interpretation, in particular, of the – legally binding – Charta of Fundamental Rights, potentially widening the scope of application of the latter. This in turn, the article argues, might undermine the very objective the Pillar set out to reach – improving the EU‘s appeal to and acceptance by its citizens – by way of gradually increasing democratic deficits of the European Union while insufficiently targeting social ones.\ncrisis of legitimacy, source of interpretation, democratic deficit, social deficit","PeriodicalId":44213,"journal":{"name":"International Journal of Comparative Labour Law and Industrial Relations","volume":null,"pages":null},"PeriodicalIF":0.8000,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"The European Pillar of Social Rights: A Dangerous Distraction?\",\"authors\":\"Stephan Seiwerth\",\"doi\":\"10.54648/ijcl2023016\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The European Pillar of Social Rights set out to reaffirm a European promise of universal welfare and prosperity as a remedy for a perceived crisis of legitimacy of the EU. This paper argues that the Pillar does not actually state legally binding rights and that ist name is therefore misleading. However, case-law of the European Court of Justice indicates that the Pillar could be used as a tool for the interpretation, in particular, of the – legally binding – Charta of Fundamental Rights, potentially widening the scope of application of the latter. This in turn, the article argues, might undermine the very objective the Pillar set out to reach – improving the EU‘s appeal to and acceptance by its citizens – by way of gradually increasing democratic deficits of the European Union while insufficiently targeting social ones.\\ncrisis of legitimacy, source of interpretation, democratic deficit, social deficit\",\"PeriodicalId\":44213,\"journal\":{\"name\":\"International Journal of Comparative Labour Law and Industrial Relations\",\"volume\":null,\"pages\":null},\"PeriodicalIF\":0.8000,\"publicationDate\":\"2023-06-01\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"International Journal of Comparative Labour Law and Industrial Relations\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.54648/ijcl2023016\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q3\",\"JCRName\":\"INDUSTRIAL RELATIONS & LABOR\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"International Journal of Comparative Labour Law and Industrial Relations","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.54648/ijcl2023016","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"INDUSTRIAL RELATIONS & LABOR","Score":null,"Total":0}
The European Pillar of Social Rights: A Dangerous Distraction?
The European Pillar of Social Rights set out to reaffirm a European promise of universal welfare and prosperity as a remedy for a perceived crisis of legitimacy of the EU. This paper argues that the Pillar does not actually state legally binding rights and that ist name is therefore misleading. However, case-law of the European Court of Justice indicates that the Pillar could be used as a tool for the interpretation, in particular, of the – legally binding – Charta of Fundamental Rights, potentially widening the scope of application of the latter. This in turn, the article argues, might undermine the very objective the Pillar set out to reach – improving the EU‘s appeal to and acceptance by its citizens – by way of gradually increasing democratic deficits of the European Union while insufficiently targeting social ones.
crisis of legitimacy, source of interpretation, democratic deficit, social deficit
期刊介绍:
Published four times a year, the International Journal of Comparative Labour Law and Industrial Relations is an essential source of information and analysis for labour lawyers, academics, judges, policymakers and others. The Journal publishes original articles in the domains of labour law (broadly understood) and industrial relations. Articles cover comparative and international (or regional) analysis of topical issues, major developments and innovative practices, as well as discussions of theoretical and methodological approaches. The Journal adopts a double-blind peer review process. A distinguished editorial team, with the support of an International Advisory Board of eminent scholars from around the world, ensures a continuing high standard of scientific research dealing with a range of important issues.