Minimum Wage in EU Law Between Public Procurement and Posted Workers: Anything New Under the Sun After the RegioPost Case?07 Mar 2017
F. Costamagna, Minimum Wage in EU Law Between Public Procurement and Posted Workers: Anything New Under the Sun After the RegioPost Case?, in European Law Review,1,2017, 101-111 ABSTRACT The article deals with the tension among market freedoms, workers’ protection and regulatory competition in the context of public procurement. It does so by looking at the RegioPost judgment and by comparing it with the restrictive stance adopted by the Court in previous decisions, such as Rüffert and Bundesdruckerei. The case concerned the imposition of a minimum wage requirement in a contract relating to the collection, carriage and delivery of letters, parcels and packages in the German city of Landau in Rheinland-Pfalz. The Court held that the requirement was compatible with EU law and, in particular, with EU public procurement law, read in conjunction with the Posted Workers Directive and Treaty provisions on the free circulation of services. The line of reasoning followed by the Court can be taken as an attempt to achieve a better balance between market freedoms and social considerations in the context of public procurement by doing away with some of the excesses that characterised previous decisions. This article can be found at the following link: https://iris.unito.it/handle/2318/1627375?mode=full.1384#.XV6Wci-B10s
21 Feb 2017
F. Costamagna, in European law review, vol. 42, no. 1, 2017, pp. 101-111 ABSTRACT The article deals with the tension among market freedoms, workers' protection and regulatory competition in the context of public procurement. It does so by looking at the RegioPost judgment and by comparing it with the restrictive stance adopted by the Court in previous decisions, such as Rüffert and Bundesdruckerei. The case concerned the imposition of a minimum wage requirement in a contract relating to the collection, carriage and delivery of letters, parcels and packages in the German city of Landau in Rheinland-Pfalz. The Court held that the requirement was compatible with EU law and, in particular, with EU public procurement law, read in conjunction with the Posted Workers Directive and Treaty provisions on the free circulation of services. The line of reasoning followed by the Court can be taken as an attempt to achieve a better balance between market freedoms and social considerations in the context of public procurement by doing away with some of the excesses that characterised previous decisions. This article is available at https://www.researchgate.net/publication/315817925_Minimum_Wage_between_Public_Procurement_and_Posted_Workers_Anything_New_after_the_RegioPost_Case
The Stein Rokkan Lecture 2016 Mission impossible? Reconciling economic and social Europe after the euro crisis and Brexit17 Jan 2017
M. Ferrera, in European Journal of Political Research, vol. 56, no. 1, 2017, pp. 3-22. Also published online on 17 January 2017 ABSTRACT. During the crisis, the European Union's ‘social deficit’ has triggered an increasing politicisation of redistributive issues within supranational, transnational and national arenas. Various lines of conflict have taken shape, revolving around who questions (who are ‘we’? – i.e., issues of identity and inclusion/exclusion); what questions (how much redistribution within and across the ‘we’ collectivities) and who decides questions (the locus of authority that can produce and guarantee organised solidarity). The key challenge facing today's political leaders is how to ‘glue’ the Union together as a recogniseable and functioning polity. This requires a double rebalancing: between the logic of ‘opening’ and the logic of ‘closure’, on the one hand, and between the logic of ‘economic stability’ and ‘social solidarity’, on the other. Building on the work of Stein Rokkan and Max Weber, this article argues that reconciliation is possible, but only if carefully crafted through an extraordinary mobilisation of political and intellectual resources. A key ingredient should be the establishment of a European Social Union, capable of combining domestic and pan‐European solidarities. In this way, the EU could visibly and tangibly extend its policy menu from regulation to (limited, but effective) distribution, reaping the latter's benefits in terms of legitimacy. The journey on this road is difficult but, pace Rokkan, not entirely impervious. This article is available here
F. Costamagna, Social Rights in Crisis: Any Role for the Court of Justice of the EU?, in M. Meccarelli (ed), Reading the Crisis. Legal, Philosophical and Literary Perspectives, Dykinson, Madrid, 2017, 39-64 ABSTRACT Eu anti-crisis measures had a profound impact on the fabric of the European integration process, engendering systemic conflicts with some of its foundational elements. This chapter looks at the capacity of the system to deal with these conflicts in order to avoid that they may shake its foundations and further weaken the legitimacy of the integration process. In particular, the paper focuses on the role that the Court of Justice of the European Union (‘the Court’) has been able, and/or willing, to play when anti-crisis measures encroach upon fundamental social rights and, more in general, the balance between the social and the economic dimensions within the EU legal order. The first part looks at the departure from the rule of law in the context of bailout programmes devised to assist Member States that have been hard hit by the crisis. The second part looks at the impact of anti-crisis measures on social rights, examining some of the defining features of the conditions attached to financial assistance packages. The third and fourth parts turn to the Court, critically analysing its role in the new European economic governance and its capacity to preserve some of the foundational elements of the EU legal order. This article can be found at the following link:https://iris.unito.it/retrieve/handle/2318/1651630/368842/Costamagna%20reading_Book_2017.pdf
J. Hien, in New Perspectives: interdisciplinary journal of Central & East European politics and international relations, vol. 25, no.2, 2017, pp. 115-124 Johan Van derWalt’s article “When One Religious Extremism Unmasks Another” isthought provoking and unique. He argues that Northern creditor countries operateaccording to the logic of Protestant predestination theory when they engage withSouthern European debtor countries. This Protestant logic is embodied in ordoliberalism,a German socio-economic theory, which van derWalt identifies as themajorGerman political instruction sheet to the sovereign debt crisis. Ordoliberalism leadsto austerity, and austerity provides a fertile ground for a de-hermeneuticized formof Islam that sprawls in the suburbs of France and Belgium.In the following essay, I would like to make three points in response to van derWalt’s argument. The first one considers the connection between Protestantism andordoliberalism that is central to van derWalt’s argument.While van derWalt is right in his conclusion, he does not illuminate the conceptual mechanisms that make theconnection between Protestantism and ordoliberalism so powerful. I will describethese mechanisms. The second point is more critical: it scrutinizes the connectionbetween ordoliberalism, austerity and Islamic extremism that van der Walt draws,and raises the question of how Protestant ordoliberalism could dwell in Catholiccountries. I also provide a tentative explanation of the ascendance of ordoliberalismin Catholic environments. The third point elaborates on a consequence of van derWalt’s argument that the author overlooks: the crisis and the ordoliberal rhetoric ofthe German government in response to it have not only led to a de-hermeneuticizationof ordoliberalism and Islam but also left an imprint on other European culturalspheres. In southern Europe, the crisis has reinforced a Southern culturalsuperiority discourse amongst public intellectuals as a reply to the Northern Europeanmoralizing discourse. This article is available at https://perspectives.iir.cz/download/forum-on-when-one-religious-extremism-unmasks-another-by-johan-van-der-walt-2/#
Crisis, cambio en la UE y estrategias sindicales: el impacto de la condicionalidad en el repertorio estratégico de los sindicatos españoles durante la crisis de la eurozona28 Nov 2016
A. Gago, in Revista española de ciencia política, vol. 42, 2016, pp. 45-68 ABSTRACT Español: Durante la crisis de la eurozona, los gobiernos del PSOE y del PP implementaron una serie de reformas del Estado de Bienestar y del mercado laboral a cambio de ayuda financiera por parte de la Unión Europea, lo que se conoce como condicionalidad. Los sindicatos, CC. OO. y UGT, respondieron ante tales reformas como representantes de los colectivos más afectados por las mismas. Existen dos argumentos distintos que explican las estrategias de los sindicatos durante la crisis. Por una parte, se argumenta que los sindicatos utilizaron la acción política tradicional para influir en los procesos de toma de decisiones. Por otra parte, los sindicatos han puesto en marcha nuevas acciones bien de carácter transnacional o relacionadas con actividades propias de los movimientos sociales. El artículo explica por qué la crisis dio lugar a esta nueva combinación de repertorios sindicales que apelan a sectores y niveles de acción distintos. El argumento principal es que la condicionalidad de la UE dio lugar a la aparición de un nuevo régimen de decisión política que denominamos aquí «intergubernamentalismo neoliberal» por los cambios institucionales e ideológicos que trajo consigo. A su vez este nuevo régimen impactó en la estructura de oportunidad política, provocando una reorientación estratégica de los sindicatos. English: During the eurozone crisis, the PSOE’s and PP’s governments implemented a series of reforms of the Welfare State and the labour market in exchange for financial help from the EU; what is known as conditionality. The trade unions, CC. OO. and UGT, responded to these reforms as the representatives of the sectors most affected by them. There are two narratives to explain trade unions’ strategies during the crisis. On the one hand, it is argued that trade unions used traditional political action to influence political decision making processes. On the other hand, trade unions have developed new actions either of a transnational character or related to typical social movements’ activities. The article explains why the crisis led to this new combination of trade union repertories calling on different sectors and levels of action. The main argument is that the EU conditionality led to the emergence of a new political regime that we have dubbed “neoliberal intergovernmentalism” due to the institutional and ideological changes that it brought about. In turn, this new regime impacted upon the political opportunity structure, triggering a strategic reorientation of trade unions. This article is available at: https://recyt.fecyt.es//index.php/recp/article/view/51270
21 Oct 2016
M. Ferrera, Journal of European Social Policy October 2016 26: 374-383 ABSTRACT Southern Europe and East Asia are two distinct groups of nations which share a number of striking family resemblances warranting a close investigation. Such resemblances form a relatively coherent set best captured through the concepts of familialism and familial welfare state. A cross-regional comparison of Italy, Japan, Spain and Korea leads to interesting results in both descriptive and explanatory terms, highlighting the role played by culture and religion as well as by the compressed modernization which characterized the four countries during the 20th century. The comparative exercise of this Special Issue offers a significant contribution to the wider field of welfare research. It reshuffles the cards of the traditional ‘world of welfare capitalism’ debate, shows the significance of region-level (as opposed to nation-level) variables and invites a specification of temporal arguments in institutional transformations. The article is available here.
The Regulation on the Provision of Emergency Support within the Union: Humanitarian Assistance and Financial Solidarity in the Refugee Crisis27 Sep 2016
A. Miglio, European Papers, vol. 1, no.3, 2016, pp. 1-12 ABSTRACT Regulation 2016/369 establishes an emergency support mechanism for the provision of humanitarian aid in response to natural or man-made disasters giving rise to severe wide-ranging humanitarian consequences within the European Union. Although its scope of application is much broader, the Regulation has been adopted as an emergency measure for the management of the ongoing refugee crisis. It is therefore promising to look at the newly established mechanism against the background of other measures adopted or proposed in response to the crisis. In this perspective, the Regulation appears to fit within an overall strategy whereby Union funding is used as an instrument of policy-making to bring about further centralization. Finally, the analysis of the mechanism, which is meant to provide support to Member States “in a spirit of solidarity”, suggests a few conclusions on the meaning of the principle of solidarity and its implications in the context of the refugee crisis. It is suggested that two very different visions of solidarity, an emergency-driven and a structural one, coexist and may interact with each other in two ways. This article is avbailable here.
Brexit e il dilemma del prigioniero: sulla revocabilità della notifica del recesso prevista dall’art. 50 TUE21 Sep 2016
A. Miglio, federalismi.it, 21 September 2016 ABSTRACT Nelle settimane successive al referendum del 23 giugno 2016 sulla permanenza del Regno Unito nell’Unione europea ha preso avvio una vasta produzione dottrinale dedicata all’esame delle molte e intricate questioni giuridiche sollevate dall’esito della consultazione popolare. Ha tuttavia finora attratto scarsa attenzione, almeno in termini relativi, il quesito se la notifica dell’intenzione di uno Stato membro di recedere dall’Unione possa essere revocata: sia i commenti all’art. 50 TUE sia nel la maggior parte dei primi contributi successivi al referendum, ancorché con alcune eccezioni tale problema è stato infatti trattato soltanto marginalmente, quando non del tutto ignorato. Ciò appare tuttavia sorprendente. Per effetto dell’articolazione della procedura di recesso delineata dall’art. 50 TUE, determinare se la notifica produca effetti definitivi assume infatti una importanza cruciale sotto due profili: per un verso, l’incertezza su tale punto determina un forte disincentivo a notificare il recesso; per altro verso, la configurabilità della revoca è evidentemente suscettibile di incidere sull’esito finale del procedimento, comportando l’eventualità che, ritirando la notifica, lo Stato interessato possa ritornare sui propri passi e decidere di restare membro dell’Unione pur avendo invocato il diritto di recesso. The article is available here.
M. Ferrera, in Journal of European Public Policy, vol. 24, no. 8, 2017, pp. 1233-1251. Also published online on 19 September 2016. ABSTRACT Reorienting the welfare state towards social investment (SI) constitutes a complex and multidimensional challenge of policy recalibration and raises daunting political problems. The temporal mismatch between SI reforms and their returns requires a degree of ‘political patience’ on the side of both current voters and incumbent politicians which is not readily available in contemporary democracies. After reviewing recent debates about the policy and politics of the long term, the article analyzes the strategy pursued by the European Union (EU), with a view to assessing their degree of ‘conduciveness’ to SI recalibration. It is argued that the EU has indeed stimulated policy change at the national level, but that its potential as SI facilitator has been hamstrung by a number of weaknesses and shortcomings, especially on the discursive front. A more convinced and articulated endorsement of the social investment paradigm and a more focused attention to ‘capacity’ at the subnational and grass-root level should be the fronts to prioritize. The paper is available here.