Mendeley出力
＜学術雑誌論文＞
オルド自由主義の呪縛？ : EU 社会労働政策における集団と個人
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| 概要 | The aim of the paper is to analyze the EU social and labor policy in relation to the development of the Single Market. This topic is usually discussed using the dichotomy as “neo-liberalism” against “...Social Europe,” or the Common Market versus the national welfare states. To the contrary, this paper offers a new perspective to understand the political tension inherent in the EU social policy by differentiating the “social” into the individual social rights and collective rulemaking. From this perspective, it is elucidated that different understandings on the role of collective rule-making is harder to reconcile with the construction of the Single Market, where the rights should be universal and beyond a specific national conception. To substantiate the argument, the paper first illuminates the historical background of this perspective in the formative period of the European institutions. It is shown that the ordo-liberal strategy of separation of the state and the market is embedded in the early years of the EEC, in contrast to the more corporatist construction of the ECSC. Then, in the third section, this perspective is applied to the recent controversial judgments by the ECJ, which has provoked fierce criticisms and controversies. From the standpoint of the paper, the point is that the individual rights of the people are largely recognized but the collective rule-making power of the trade unions is held in check. In the next, the fourth section, the political relevance of the point above is exemplified by the analysis of the pre-judgment dialogue between the German courts and several Advocates-General, on the one hand, and the Court, on the other. Through the analysis of the judicial dialogue/negotiation surrounding the ECJ, the paper also serves as a case study of the political role of the ECJ, thereby contributing to the emerging field of the EU judicial politics research.続きを見る |
| 目次 | １．はじめに ２．分析視角の導出 ３．分析視角の適用 4．「協約自治」の争点化と司法的交渉 ５．おわりに |
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| 登録日 | 2024.06.14 |
| 更新日 | 2024.12.02 |