The EU Constitution of Social Governance in an Economic Crisis: in Defence of a Transnational Dimension to Social Europe

Conventional wisdom has it that the EU is unable to promote viable social integration, which contrasts with its commitments to improving working and living conditions and to social values and goals such as solidarity, social protection and social inclusion. This
article challenges two diff erent standpoints: on the one hand, competitive neoliberalism demands that the EU focuses on economic integration through legally binding internal market and competition rules even if Member States can only maintain a limited commitment to social inclusion, while authors defending the social models unique to the continent of Europe demand that the EU rescinds some of its established legal principles in order to make breathing space for Member States to maintain market correcting social policies. Both positions convene that there should be no genuine social policy at EU level.
This article uses scenarios of widely discussed rulings by the Court of Justice to illustrate that legally enforceable economic integration would prevent most Member States from achieving sustainable health services, labour relations and free university education on the basis of national closure. Since the EU has limited legislative competences to create EU level institutions to balance inequalities, it derives a Constitution of Social Governance from the EU’s values, proposing that the Court of Justice develops its urisprudence into an instrument for challenging European disunion induced by new EU economic governance

Social Services of General Interest: The EU Competence Regime and a Constitution of Social Governance

In discussing the potential role of the EU, the Member States, their composite parts and civil society organisations in establishing social services of general interest at sub-national, national, transnational and EU wide levels, this chapter explores the EU competence regime for social services of general interest. Its analysis contradicts a tendency in academic writing to demand protection of national prerogatives for shaping welfare states against EU intervention at all costs, because this would be counterproductive for the progress of the EU project. It submits that an EU constitution of social governance should create mixed responsibilities so that the EU, states and civil society actors support each other in creating preconditions for social integration in the EU. It uses the field of social services of general interests as an example of applying this general theoretical concept.

A Constitution of Social Governance for the European Union

This chapter considers the EU’s socio-economic constitution under the lens of humaneness. It argues that the EU’s unique socio-economic constitution demands equilibrium of socio-economic integration instead of widening the gap between economic integration at EU levels and social integration at national levels. While the EU lacks the legislative competences to achieve this equilibrium, the constitutional principle still prevails. Indeed, the EU competences reflect its own values as well as the socio-economic constitutions of its constituent Member States. These frequently do not allow for total state-governance of social spheres such as working life, education, care or other social services. Instead, societal actors are given scope to (co-)govern these spheres at national levels. Accordingly, the apparent tension between the EU’s socio-economic values and principles and its limited competences in the social policy field can be resolved through a dynamic interpretation of the EU Treaties towards a “constitution of social governance”. This interpretation reads the Treaties as authorising governance by societal actors. The chapter connects the idea of humanness to the ideals of social governance at EU level and proposes two options for practical application of the concept. These are rules for trans-national labour markets based on European collective labour agreements and a European higher education sector developed by agreements between universities.

A Constitution of Social Governance for the European Union

his chapter considers the EU’s socio-economic constitution under the lens of humaneness. It argues that the EU’s unique socio-economic constitution demands equilibrium of socio-economic integration instead of widening the gap between economic integration at EU levels and social integration at national levels. While the EU lacks the legislative competences to achieve this equilibrium, the constitutional principle still prevails. Indeed, the EU competences reflect its own values as well as the socio-economic constitutions of its constituent Member States. These frequently do not allow for total state-governance of social spheres such as working life, education, care or other social services. Instead, societal actors are given scope to (co-)govern these spheres at national levels. Accordingly, the apparent tension between the EU’s socio-economic values and principles and its limited competences in the social policy field can be resolved through a dynamic interpretation of the EU Treaties towards a “constitution of social governance”. This interpretation reads the Treaties as authorising governance by societal actors. The chapter connects the idea of humanness to the ideals of social governance at EU level and proposes two options for practical application of the concept. These are rules for trans-national labour markets based on European collective labour agreements and a European higher education sector developed by agreements between universities.

Military laws of the united states; including those relatingto the Marine Corps, to which is prefixed the Constitution of the United StatesComplied by Colonel Trueman Corss, U.S. Army

UANL

The constitution of the United States, a critical discussion of it'sgenesis, development, and interpretation

UANL

The Colombian Constitution of 1991 as the Starting Point of a new Constitutionalism in Latin America

The objective of this article is to show that the Colombian Constitution of 1991 has certain traits that clearly differentiate it from Western constitutional tradition. Some of these traits would later be included in constitutional processes and constitutions in Venezuela (1999), Ecuador (1998 and 2008) and Bolivia (2009), in a process collectively known as Latin American Neo-Constitutionalism. This paper intends to demonstrate how the text of the Colombian Constitution represents a turning point that marks the beginning and establishes the foundations for the development of a home-grown constitutional form in Latin America over the last two decades.

Constitution of teacher identities in Pibid activities

Monogr??fico con el t??tulo: " Formaci??n de profesores. Perspectivas de Brasil, Colombia, Espa??a y Portugal"

The sexual constitution of political authority: the 'trials' of same sex desire

The Sexual Constitution of Political Authority argues that there are good reasons to suppose that our understandings of state power quiver with erotic undercurrents. Through a series of case studies where a statesman's same sex desire was put on trial (either literally or metaphorically) as a problem for the good exercise of public powers, the book shows the resilience and adaptability of cultural beliefs in the incompatibility between public office and male same-sex desire.

Cultural geography and enchantment: the affirmative constitution of geographical research

Thrift [2008. Non-representational theory: space, politics, affect, 65. Abingdon: Routledge] has identified disenchantment as “[o]ne of the most damaging ideas” within social scientific and humanities research. As we have argued elsewhere, “[m]etanarratives of disenchantment and their concomitant preoccupation with destructive power go some way toward accounting for the overwhelmingly ‘critical’ character of geographical theory over the last 40 years” [Woodyer, T. and Geoghegan, H., 2013. (Re)enchanting geography? The nature of being critical and the character of critique in human geography. Progress in Human Geography, 37 (2), 195–214]. Through its experimentation with different ways of working and writing, cultural geography plays an important role in challenging extant habits of critical thinking. In this paper, we use the concept of “enchantment” to make sense of the deep and powerful affinities exposed in our research experiences and how these might be used to pursue a critical, yet more cheerful way of engaging with the geographies of the world.

Federalismo cooperativo no Brasil: da Constituição de 1988 aos sistemas de políticas públicas

A tese se dedica à discussão da relação de reciprocidade entre federalismo e políticas sociais no Brasil, analisando os sistemas de políticas públicas nas áreas da saúde, assistência social e educação. A tese se apóia na literatura internacional sobre federalismo e Estado de Bem-Estar Social para construir um referencial teórico que analisa os sistemas de políticas públicas como uma matriz, que aprofunda o compartilhamento federativo, com base na negociação intergovernamental. Argumenta-se que esse modelo resulta da interação entre o desenho institucional produzido pela Constituição de 1988 e as diretrizes de universalização de políticas sociais implementadas, por meio de ações federais, a partir da segunda metade da década de 1990. Com esse estudo,pretende-se propor uma nova abordagem sobre o federalismo brasileiro, alternativa à dicotomia entre centralização e descentralização que predomina na literatura nacional; além de chamar atenção para a figura dos sistemas de políticas públicas enquanto arranjos institucionais que permitem a combinação de nacionalização de políticas sociais, com fortalecimento da negociação federativa.