De la jurisprudencia constitucional a la legislación. Un análisis de la sentencia C-355 de 2006 y sus efectos en la división de poderes.

El interés de este estudio de caso es estudiar los efectos que produce una sentencia de la Corte Constitucional de Colombia en la división de poderes con el objetivo de mostrar que por medio del ejercicio de sus funciones la Corte se extralimita y produce efectos negativos desde un punto de vista orgánico puesto que se toma funciones orgánicas de la Rama legislativa. Sin embargo desde un punto de vista funcional estas extralimitaciones pueden verse de una forma positiva. Para esto se estudia la sentencia C-355/2006 puesto que su contenido vinculante permite ver como es afectada la división de poderes desde ambos puntos de vista.

Caracterización de la exposición ocupacional a formaldehído en trabajadores del sector salud y educación en Colombia 2004-2013.

El Formaldehído es una sustancia química de amplio uso a nivel mundial con efectos documentados en personas expuestas entre los cuales se destacan irritación de la piel, mucosas, tracto respiratorio y ojos. Según la Agencia Internacional para la Investigación del Cáncer (IARC) el formaldehido se encuentra clasificado en el grupo 1 como agente cancerígeno con suficiente evidencia de producir neoplasias en humanos. Los sectores industriales en Colombia que utilizan de forma frecuente el formaldehído incluyen los fabricantes de maderas, los servicios funerarios, y los sectores de salud y educación. El presente estudio de corte transversal pretende, con base en mediciones históricas (2004-2013) construir un perfil de exposición a formaldehído en trabajadores vinculados al sector de salud y educación en Colombia, divididos y analizados según actividades de trabajo similares (Patólogos, Histotecnólogos, Auxiliares de laboratorio, Docentes y Estudiantes), con el fin de establecer una línea base de diagnóstico para la orientación acciones dirigidas al control del riesgo. Con base en los hallazgos y soportados en estimadores estadísticos aplicables a los grupos de exposición, en general existe un tendencia de no conformidad al comparar los resultados aplicables con valores de referencia de larga duración definidos para el agente por autoridades internacionales. De forma complementaria se encontraron brechas significativas respecto a la implementación de controles administrativos y técnicos que sugieren circunstancias de exposición no controladas en los colectivos de interés.

School leadership in a contradictory world

Resumen basado en el de la publicación

A construção da União Europeia : um olhar sobre a dimensão social do projeto

O Tratado de Roma de 1957 priorizou o setor económico em detrimento do social. Em consequência, cada Estado-membro manteve o seu modelo de assistência social e , deste modo, a diversidade de Estados-providência. Mais tarde, o princípio da subsidariedade legitimou-os no contexto do processo de construção da Comunidade Económica/União Europeia e, por consequinte, a coexistência dos mesmos, particularmente os submodelos de assistência social escandinavo, anglo-saxónico, continental e dos países da Europa do sul. Hoje, graças ao Ato Único Europeu e ao Tratado de Amesterdão de 1997, foi adotada por todos os Estados-membros a Carta dos Direitos Sociais Fundamentais no Conselho de Estrasburgo de 1989, assim como valorizada a dimensão social e o incentivo à negociação coletiva entre parceiros, respetivamente. Assim, sendo, e na sequência do exposto anteriormente, constata-se, nessa nova EUropa em transformação permanente, a emergência de um novo modelo de Estado-providência, centrado essencialmente na compilação, complementariedade e/ou «fusão» do que existe de melhor no conjunto dos quatro submodelos existentes, de acordo com o princípio da unidade a partir da diversidade.

Role and potential influence of technologies on the most relevant challenges for long-term care. ENEPRI Research Report No. 113, 26 June 2012

This report considers three case studies (namely diabetes, dementia and obesity) for setting up a framework to assess the systemic influences of technologies in the long-term care milieu, using a problem-driven approach in relation to health care. Such technologies could be an enabling factor or a catalyser of advances taking place in the health and social sectors. They offer opportunities to support and amplify relevant organisational changes in the context of innovative care models, which stem from overall policies and regulations of a national or regional jurisdiction to address the future sustainability of health and social care.

Technological Solutions Potentially Influencing the Future of Long-Term Care. ENEPRI Research Report No. 114, April 2012

This report provides a forecast of the potential direct and indirect influences of various kinds of technologies on the LTC milieu, answering the following question: from a technology-driven perspective: “Consider each technological solution. What could be its future usage in the LTC sector?” Future technological deployments will induce changes in the respective roles of the care recipient and of the formal and informal carers, with an impact on three major concerns: the transformation of the care recipient into a proactive subject, the augmented potentiality for home care and the new functions that informal carers could assume.

Performance of long-term care systems in Europe. ENEPRI Policy Brief No. 13, December 2012

The evaluation of long-term care (LTC) systems carried out in Work Package 7 of the ANCIEN project shows which performance criteria are important and – based on the available information – how European countries score on those criteria. This paper summarises the results and discusses the policy implications. An overall evaluation was carried out for four representative countries: Germany, the Netherlands, Spain and Poland. Of the four countries, the Dutch system has the highest scores on quality of life of LTC users, quality of care and equity of the LTC system, and it performs the secondbest after Poland in terms of the total burden of care (consisting of the financial burden and the burden of informal caregiving). The German system has somewhat lower scores than the Dutch on all four dimensions. The Polish system excels in having a low total burden of care, but it scores the lowest on quality of care and equity. The Spanish system has few extreme scores. Some important lessons are the following. The performance of a LTC system is a complex concept where many dimensions have to be included. Specifically, the impact of informal caregiving on the caregivers and on society should not be forgotten. The role of the state in funding and organising LTC versus individual responsibilities is one of the most important differences among countries. Choices concerning private funding and the role of informal care have a large effect not only on the public expenditures but also on the fairness of the system. International research into the relative preferences for the different performance criteria could produce a sound basis for the weights used in the overall evaluation.

No need for a master plan from Brussels. CEPS Commentary, 7 January 2013

Taking exception with the often-heard bromide that Europe needs more integration to save its social model, Daniel Gros reiterates his position in this new CEPS Commentary that faster economic and population growth are key to ensuring the future of Europe’s social security systems.

Leisure, consumerism and active citizenship in the UK

Since the first election victory of the Thatcher administration in 1979, Britain has witnessed a cultural transformation from the municipal socialism enshrined in the post-World War 2 development of the Welfare State to a form of post-industrial entrepreneurialism based largely on market rationality. This has had a profound effect on all aspects of civil life, not least the redefinition of the role of active leisure. Since the late 1950s the dominant policy for active leisure has been 'Sport For All', an assertion of a social right too important to be left to the market. The transformation has, therefore, signalled a shift from government support for active leisure as an element of citizen rights to the use of leisure to promote the government's interest in legitimating a new social order based not on rights but on means. Thus access to active living is no longer a societal goal for all, but a discretionary consumer good, the consumption of which signifies 'active' citizenship. It furthermore signifies differentiation from the growing mass of 'deviants' who are unwilling or unable to embrace this new construction of citizenship and are, therefore, increasingly denied access to active living and, hence, active citizenship.

Recent trends in UK Government policy on the provision and management of leisure facilities

Since the first election victory of the Thatcher administration in 1979, Britain has witnessed a cultural transformation from the municipal socialism of the post-World War 2 Welfare State to a form of post-industrial entrepreneurialism. This has had a profound effect on all aspects of civil society, not least the redefinition of the role of active leisure from the 1950s evocation of 'Sport For All' to the market rationality of the 1980s. The transformation has signalled a shift from government support for active leisure as an element of citizen rights to the use of leisure to promote the government's interest in legitimating a new social order based not on rights but on means. Thus access to active living is no longer a societal goal for all, but a discretionary consumer good, the consumption of which signifies 'active' citizenship. It furthermore signifies differentiation from the growing mass of 'deviants' who are unwilling or unable to embrace this new construction of citizenship and are, therefore, increasingly denied access to active living and, hence, active citizenship.

Radical Conservatism

In 1938, Yugoslav sculptor Oscar Nemon arrived in Britain, having fled the Nazi invasion of Brussels, where he was living with Magritte. He was part of the European avant-garde that came to the UK as a refugee. Shortly thereafter, Nemon proposed a bold architectural plan to construct a temple of universal ethics in London and was in correspondence over this with central figures in Britain. After the war, he became know for his portrayal of figures like Churchil, culminating in a bust of Margaret Thatcher that is currently at the Tory HQ. Shown at Castlefield Gallery in 2013-2014, Radical Conservatism was an exhibition that explored the space between these two moments and asked whether these two terms are really antithetical. In the British context in particular, where the European avant-garde never really took hold, a kind of reactionary modernism has always defined a culture wary of revolution. But today more than ever, with the left increasingly holding on to the past of the welfare state as an ideal, and the right quietly revolutionising our world through neoliberal reforms, the paradigms of radicalism and conservatism need to be redefined. Can conservatism be seen as a radical position in itself? If art is defined by a movement towards the new - could 'holding on to the past' stubbornly be seen as a critical position, now that neo-liberalism has forced a far more radical shift in politics than the left has managed in a long time? Curated by Pil and Galia Kollectiv, featuring work by Chris Evans, IRWIN, Pil and Galia Kollectiv, Joseph Lewis, Patrick Moran, Oscar Nemon and Public Movement and a symposium with contributions from Professor Alun Rowlands and Robert Garnett.

Essays on labour market dualisation in Western Europe: active labour market policies, temporary work regulation and inequality

European labour markets are increasingly divided between insiders in full-time permanent employment and outsiders in precarious work or unemployment. Using quantitative as well as qualitative methods, this thesis investigates the determinants and consequences of labour market policies that target these outsiders in three separate papers. The first paper looks at Active Labour Market Policies (ALMPs) that target the unemployed. It shows that left and right-wing parties choose different types of ALMPs depending on the policy and the welfare regime in which the party is located. These findings reconcile the conflicting theoretical expectations from the Power Resource approach and the insider-outsider theory. The second paper considers the regulation and protection of the temporary work sector. It solves the puzzle of temporary re-regulation in France, which contrasts with most other European countries that have deregulated temporary work. Permanent workers are adversely affected by the expansion of temporary work in France because of general skills and low wage coordination. The interests of temporary and permanent workers for re-regulation therefore overlap in France and left governments have an incentive to re-regulate the sector. The third paper then investigates what determines inequality between median and bottom income workers. It shows that non-inclusive economic coordination increases inequality in the absence of compensating institutions such as minimum wage regulation. The deregulation of temporary work as well as spending on employment incentives and rehabilitation also has adverse effects on inequality. Thus, policies that target outsiders have important economic effects on the rest of the workforce. Three broader contributions can be identified. First, welfare state policies may not always be in the interests of labour, so left parties may not always promote them. Second, the interests of insiders and outsiders are not necessarily at odds. Third, economic coordination may not be conducive to egalitarianism where it is not inclusive.

The rise of the far right in debtor and creditor European countries: the case of European Parliament elections

While the 2014 European Parliament elections were marked by the rise of far right-wing parties, the different patterns of support that we observe across Europe and across time are not directly related to the economic crisis. Indeed, economic hardship seems neither sufficient nor necessary for the rise of such parties to occur. Using the cross-national results for the 2004, 2009 and 2014 EP elections in order to capture time and country variations, we posit the economy affects the rise of far right-wing parties in more complex ways. Specifically, we compare the experience of high debt countries (the ‘debtors’) and the others (the ‘creditors’) and explore the relationship between far right-wing party success on the one hand, and unemployment, inequality, immigration, globalization and the welfare state on the other hand. Our discussion suggests there might be a trade off between budgetary stability and far right-wing party support, but the choice between Charybdis and Scylla may be avoided if policy makers carefully choose which policies should bear the brunt of the fiscal adjustment.

The politics of fiscal policy during economic downturns, 1981-2010

This article investigates fiscal policy responses to the Great Recession in historical perspective. We explore general trends in the frequency, size and composition of fiscal stimulus as well as the impact of government partisanship on fiscal policy outputs during the four international recessions of 1980-81, 1990-91, 2001-02 and 2008-09. Encompassing 17-23 OECD countries, our analysis calls into question the idea of a general retreat from fiscal policy activism since the early 1980s. The propensity of governments to respond to economic downturns by engaging in fiscal stimulus has increased over time and we do not observe any secular trend in the size of stimulus measures. At the same time, OECD governments have relied more on tax cuts to stimulate demand in the two recessions of the 2000s than they did in the early 1980s or early 1990s. Regarding government partisanship, we do not find any significant direct partisan effects on either the size or the composition of fiscal stimulus for any of the four recession episodes. However, the size of the welfare state conditioned the impact of government partisanship in the two recessions of the 2000s, with Left-leaning governments distinctly more prone to engage in discretionary fiscal stimulus and/or spending increases in large welfare states, but not in small welfare states.

Coordination, inclusiveness and wage inequality between median and bottom income workers

What explains cross-national variation in wage inequality? Research in comparative political economy stresses the importance of the welfare state and wage coordination in reducing not only disposable income inequality but also gross earnings inequality. However, the cross-national variation in gross earnings inequality between median and low income workers is at odds with this conventional wisdom: the German coordinated market economy is now more unequal in this type of inequality than the UK, a liberal market economy. To solve this puzzle, I argue that non-inclusive coordination benefits median but not bottom income workers and is as a result associated with higher – rather than lower - wage inequality. I find support for this argument using a large N quantitative analysis of wage inequality in a panel of Western European countries. Results are robust to the inclusion of numerous controls, country fixed effects, and also hold with a sample of OECD countries. Taken together these findings force us to reconsider the relationship between coordination and wage inequality at the bottom of the income distribution.