From Social Competition to Social Dumping

The European economic unification has come about without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial domains. This book discusses the changes that are apparent at three levels: the primary economic level, the social level and the general or societal level.
Editor(s):
Jan Buelens, Marc Rigaux
Series:
Social Europe Series
Volume:
35
book | published | 1st edition
March 2016 | xii + 148 pp.

Paperback
€50.-


ISBN 9781780683522


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Details

The economic unification of Europe has created a lot of victims. The realization of the single market has taken place without any adjusting or accompanying economic and social policies. Its effects on social and human relations go far beyond the economic and commercial areas its authors had in mind. It has in fact led to changes in European society that are so far-reaching that they could very well be characterized as mutations. 
This book looks at the phenomenon of social dumping in the wider context of liberalized social competition as steered by the European Union. It contains a number of testimonies by people who actively fight social dumping, with special attention paid to the harrowing dumping practices in the road transport sector. Some of the authors also examine the phenomenon of social dumping in relation to compliance with the fundamental right of all workers to respect for their dignity as human beings. In this respect, the underlying question is whether, by tolerating legislation that allows human dignity to be violated by social dumping, the European and national legislators in fact infringe on this key fundamental right.
 This book is intended for practitioners, academics, researchers and policy-makers working in the area of social policy.
 With academic contributions from Marc Rigaux, Wolfgang Daübler, Jan Buelens and Lies Michielsen, Herwig Verschueren, Barbara Kresal, Gian Guido Balandi, Fieke Van Overbeeke, Ferran Camas Roda and Walter Gagawczuk. The book concludes with a number of testimonies from the field.

Chapters

Table of Contents (p. 0)

PART I. CONTRIBUTIONS

Chapter 1. The Right to Human Dignity at Stake (p. 1)

Chapter 2. Human Dignity of Workers and Competition (p. 21)

Chapter 3. Social Dumping: A Symptom of the European Construction. An Exploratory Study of Social Dumping in Road Transport (p. 33)

Chapter 4. The Territorial Application of Labour Law in the EU Internal Market. On Legal Rules and Economic Interests (p. 63)

Chapter 5. The Tense Relationship Between Labour Market Rights and Respect for Dignity at Work: European Dimension (p. 85)

Chapter 6. Limiting the Role of Public Authorities in the Deployment of Services. The Tense Relationship between Labour Market Rights and Respect for Dignity at Work, Limiting the Role of Public Authorities in the Deployment of Services (p. 99)

Chapter 7. Do we Need a New Conflict-of-Laws Rule for Labour in the European Road Transport Sector? Yes We Do (p. 107)

Chapter 8. The Right to Human Dignity: Ultimate Limit to Social Competition and Market Freedoms (p. 123)

PART II. TESTIMONIES FROM THE FIELD

Chapter 9. The National Legal Battle against Social Exploitation in Austria (p. 137)

Chapter 10. Fighting the Grey Economy with National Legislation. The Case of Finland (p. 143)

Chapter 11. The National Legal Battle against Social Exploitation. National Practices of Finnish Labour Inspection (p. 147)

About the series:

Social Europe Series

The Social Europe Series gives the reader more than an introduction to the social systems of the member states of the European Union. It offers the social security expert with comparative experience the opportunity to place his or her knowledge of (aspects of) foreign social security systems in a broader national context. The series facilitates the broad comparison of the national systems, by describing them according to a uniform structure.

Editorial board: Michael Adler (University of Edinburgh), Anne Davies (University of Oxford), Guus Heerma van Voss (University of Leiden), Frank Hendrickx (University of Leuven & Tilburg University), Frans Pennings (Utrecht University), Sophie Robin-Olivier (University of Paris X Nanterre), Achim Seifert (University of Luxembourg ), Sara Stendahl (Göteborg University) and Bernd Waas (Johann Wolfgang Goethe-University Frankfurt).

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