Social Europe: where do we go from the 'Fiscal Compact' Treaty?

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Authors: A. Lo Faro

p. 2

Internal market architecture and the accommodation of labour rights. As good as it gets?

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Authors: C. Kilpatrick

p. 4

Content: This article suggests that investigating how internal market architecture affects the accommodation of labour rights helps us better to understand internal market-labour rights conflicts and how they might be resolved. It probes the legislation/pri...mary Treaty freedom dimension of the architecture, by looking at the interplay between the legislature and the European Court of Justice (ECJ) in two overlapping free movements of service fields where labour rights' accommodation is contested: posting of workers and public procurement. The aspirations and reality of the current architecture are explored and five lessons are drawn from the case study. Alternative architectural options, drawing on new governance, are canvassed.hide

Dignity as the foundational paradigm of labour law.

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Authors: V. Papa

p. 30

Content: The paper aims to examine the effects of the principle of dignity in labour law. Starting from the different meanings of human and social dignity arising from the debate of legal scholars, the essay focuses on the systematic relationship between di...gnity and labour law in national (Italian) and supranational law. Given that, technically, human dignity can be defined as a constitutional value, as the supreme constitutional principle, or as a constitutional right, the analysis of the legal outcomes of dignity in the field of labour law is carried out from the perspective of a conceptualisation of its threefold normative nature.hide

The ECJ and supplementary pensions discrimination in EU law.

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Authors: F. Ravelli

p. 51

Content: On the contrary, protection provided by the non-discrimination principle proved to be more effective when economic freedoms are at stake, ie when prohibitions of discriminations - being established to remove obstacles to free movement - are design...ed to ensure the good functioning of the internal market. hide

Maurits Casteels v British Airways. Limitation of length of service with one employer in the context of the acquisition of pension rights not EU proof.

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Authors: A. Bollen-vandenboorn, Y. Stevens

p. 69

Content: Is a minimum length of service with one employer in the context of the acquisition of occupational or supplementary pension rights EU proof? In many countries a minimum period of service is required for the acquisition of rights in such a pension s...cheme. Demanding a minimum period of service can be seen as a golden chain. In this contribution the authors examine the Casteels case and determine whether and to what extent it will have consequences for the Dutch and Belgian situation. The case is the starting point for a debate on the wider European scope and the necessity of a Directive protecting the rights of mobile workers and their occupational or supplementary pension schemes.hide