EU Law - Introduction to EU Social Policy
- Created by: Alasdair
- Created on: 11-11-20 18:47
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- Introduction to EU Social Policy
- Why Does the EU Pursue a Social, as well as an Economic, Policy?
- At its creation, EEC had objectives which were wider than preply economic.
- Why Social Policy?
- Primarily economic,but Treaty of Rome contained several provisions with social implications.
- Most common justification
- Need to combat 'social dumping'
- Where a Member State might exploit its own lower labour costs and poorer working conditions
- done n order to gain advantage over other Member States in attracting businesses to set up within its territory
- Member State with lowest standards might achieve competitive advantage over those Member States who operate higher standards
- Something that must be avoided
- Where a Member State might exploit its own lower labour costs and poorer working conditions
- Need to combat 'social dumping'
- In order for EU as whole to compete effectively on global stage
- Enables best qualified person to get job, whether male or female.
- If national practices conspire against this by hindering access of potentially successful women to jobs, then economic progress might be stifled.
- The Dual Purpose of Article 157 TFEU
- In judgement of Defrenne v Sabena (No 2) (case 43/75) [1976] ECR 455
- '12. The double aim, which is at once economic and social, shows that the principle of equal pay forms part of the foundations of the Community'.
- In judgement of Defrenne v Sabena (No 2) (case 43/75) [1976] ECR 455
- The Evolution of Discrimination Legislation
- Article 119 EEC
- A slightly revised version of which is now Article 157 TFEU
- Originally, main provision on sex discrimination
- Merely provides for equal pay between men and women
- Mid-1970s
- Provisions for working conditions expanded beyond pay
- Equal Treatment Directive (Directive 2006/54)
- Replaced directives of 1970s
- Framework Directive (Directive 2000/78)
- Adopted as result of Article 19 TFEU (originally inserted by Treaty of Amsterdam 1997)
- Designed to combat discrimination in workplace across range of matters including age, disability, sexual orientation and religion
- Directive (2000/43)
- Focuses on discrimination on grounds of race
- Article 119 EEC
- Why Does the EU Pursue a Social, as well as an Economic, Policy?
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