Introduction = 1
Part I Social Policies and Market Principles. European Social Integration Revisited = 5
1 Embedded Liberalism: The Original Constitutional Compromise and Its Crisis = 7
1 a Preliminary Review of The Historical Background = 7
2 Metamorphoses of The European Economic Constitution and Their Impact on National Social Policies and Rights = 15
3 'embedded Liberalism': The Original Compromise in The Ecsc Treaty = 29
4 ...in The Ohlin Report... = 40
5 ...in The Spaak Report... = 45
6 ...and in The Treaty of Rome = 49
7 Crisis and 'overthrow' of The Original Model = 56
8 Infiltration of Community Competition and Market Law Into National Systems of Labour and Social-security Law = 61
9 End of Monetary Sovereignty and Curbing of Macroeconomic Sovereignty in The Emu Constitution = 65
10 Regulatory Competition between National Systems Within The Internal Market = 73
11 Weakening of The Principle of Territoriality of National Systems of Social Protection = 81
2 Re-embedding Liberalism: Towards a New Balance between Negative and Positive Integration of European Welfare States = 94
1 The Difficult Quest for a New Balance between Negative Integration and Positive Integration of National Welfare States = 94
2 Social Rights and The Market in The European Constitutional Space in Fieri: Developments up to The Treaty of Amsterdam... = 98
3 ...and The Prospects Opened up by The Nice Charter = 106
4 European Social Policy After Amsterdam = 114
5 The New Strategy of Supranational 'open' Co-ordination of Member States' Employment and Social Policies = 121
6 The Treaty Establishing a Constitution for Europe... = 128
7 ...the Constitutional Treaty and Social Policy... = 130
8 ...the Constitutional Treaty and The Open Method of Co-ordination... = 135
9 ...the Constitutional Treaty and The Advance of Fundamental Social Rights... = 140
10...a Summary Assessment of The Social Content of The Constitutional Treaty = 147
Part Ii The Market, Competition and Social Rights in The European Constitutional Space = 151
3 Infiltration of Community Competition Law Into National Systems of Labour Law, and Its Antidotes = 153
1 Introduction = 153
2 Community Competition and Market Law and National Systems of Labour Law in The Original Model = 155
3 Crisis of The Original Model... = 165
4 ...particularly in The Changing Interpretation of Article 30 of The Treaty of Rome (now Article 28 Tec)... = 167
5 ...and of Articles 85, 86 and 90 of The Treaty of Rome (now Articles 81, 82 and 86 Tec) = 183
6 Two Illustrative Examples: Public Job-placement Monopolies and National Social-security Monopolies = 197
7 Antidotes to The Infiltration of Competition Law: (a) Economic Freedoms and Social Rights in The Aftermath of The Nice Charter and The Constitutional Treaty... = 205
8 ...(b) Constitutional Dialogues... = 215
9 ...(c) Negative Integration and Social Jurisdiction of The Member States = 224
4 Forms of Regulation of Social Europe and Models of The European Economic Constitution = 232
1 Introduction = 232
2 Rise and Decline of The 'upward' Harmonization Model = 233
3 The Regulatory Impasse of The 1980's and Its Remedies = 235
4 Alternatives to The Traditional Harmonization Model = 239
5 Collective Bargaining As a 'regulatory Resource' of The Community Legal Order = 242
6 Convergence of National Systems of Social Protection Via Soft Law = 244
7 The European Employment Strategy: from The 'luxembourg Process' to Institutionalization of The Open Method of Co-ordination = 245
8 Open Co-ordination As a New Form of Community Economic and Social Governance = 249
9 An Analytical Comparison of Three Ideal-type Models of a European Economic Constitution = 251
10 The Neoliberal 'competitive Federalism' Model = 254
11 The Neo-social-democratic 'solidaristic Federalism' Model = 259
12 The Mixed 'co-operative Federalism' Model = 263
13 a Preliminary Summing up = 269
Conclusions = 274
Index = 281
Part I Social Policies and Market Principles. European Social Integration Revisited = 5
1 Embedded Liberalism: The Original Constitutional Compromise and Its Crisis = 7
1 a Preliminary Review of The Historical Background = 7
2 Metamorphoses of The European Economic Constitution and Their Impact on National Social Policies and Rights = 15
3 'embedded Liberalism': The Original Compromise in The Ecsc Treaty = 29
4 ...in The Ohlin Report... = 40
5 ...in The Spaak Report... = 45
6 ...and in The Treaty of Rome = 49
7 Crisis and 'overthrow' of The Original Model = 56
8 Infiltration of Community Competition and Market Law Into National Systems of Labour and Social-security Law = 61
9 End of Monetary Sovereignty and Curbing of Macroeconomic Sovereignty in The Emu Constitution = 65
10 Regulatory Competition between National Systems Within The Internal Market = 73
11 Weakening of The Principle of Territoriality of National Systems of Social Protection = 81
2 Re-embedding Liberalism: Towards a New Balance between Negative and Positive Integration of European Welfare States = 94
1 The Difficult Quest for a New Balance between Negative Integration and Positive Integration of National Welfare States = 94
2 Social Rights and The Market in The European Constitutional Space in Fieri: Developments up to The Treaty of Amsterdam... = 98
3 ...and The Prospects Opened up by The Nice Charter = 106
4 European Social Policy After Amsterdam = 114
5 The New Strategy of Supranational 'open' Co-ordination of Member States' Employment and Social Policies = 121
6 The Treaty Establishing a Constitution for Europe... = 128
7 ...the Constitutional Treaty and Social Policy... = 130
8 ...the Constitutional Treaty and The Open Method of Co-ordination... = 135
9 ...the Constitutional Treaty and The Advance of Fundamental Social Rights... = 140
10...a Summary Assessment of The Social Content of The Constitutional Treaty = 147
Part Ii The Market, Competition and Social Rights in The European Constitutional Space = 151
3 Infiltration of Community Competition Law Into National Systems of Labour Law, and Its Antidotes = 153
1 Introduction = 153
2 Community Competition and Market Law and National Systems of Labour Law in The Original Model = 155
3 Crisis of The Original Model... = 165
4 ...particularly in The Changing Interpretation of Article 30 of The Treaty of Rome (now Article 28 Tec)... = 167
5 ...and of Articles 85, 86 and 90 of The Treaty of Rome (now Articles 81, 82 and 86 Tec) = 183
6 Two Illustrative Examples: Public Job-placement Monopolies and National Social-security Monopolies = 197
7 Antidotes to The Infiltration of Competition Law: (a) Economic Freedoms and Social Rights in The Aftermath of The Nice Charter and The Constitutional Treaty... = 205
8 ...(b) Constitutional Dialogues... = 215
9 ...(c) Negative Integration and Social Jurisdiction of The Member States = 224
4 Forms of Regulation of Social Europe and Models of The European Economic Constitution = 232
1 Introduction = 232
2 Rise and Decline of The 'upward' Harmonization Model = 233
3 The Regulatory Impasse of The 1980's and Its Remedies = 235
4 Alternatives to The Traditional Harmonization Model = 239
5 Collective Bargaining As a 'regulatory Resource' of The Community Legal Order = 242
6 Convergence of National Systems of Social Protection Via Soft Law = 244
7 The European Employment Strategy: from The 'luxembourg Process' to Institutionalization of The Open Method of Co-ordination = 245
8 Open Co-ordination As a New Form of Community Economic and Social Governance = 249
9 An Analytical Comparison of Three Ideal-type Models of a European Economic Constitution = 251
10 The Neoliberal 'competitive Federalism' Model = 254
11 The Neo-social-democratic 'solidaristic Federalism' Model = 259
12 The Mixed 'co-operative Federalism' Model = 263
13 a Preliminary Summing up = 269
Conclusions = 274
Index = 281