Europe and the Welfare State – Friends, Foes, or…?
Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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Europe and the Welfare State – Friends, Foes, or…? / Neergaard, Ulla.
I: Yearbook of European Law, Bind 35, Nr. 1, 2016, s. 341-381.Publikation: Bidrag til tidsskrift › Tidsskriftartikel › Forskning › fagfællebedømt
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TY - JOUR
T1 - Europe and the Welfare State – Friends, Foes, or…?
AU - Neergaard, Ulla
PY - 2016
Y1 - 2016
N2 - Europe’s relationship with its Member States’ national welfare systems attractsthe headlines nowadays. In particular, the negotiations regarding a new settlement for theUK in a reformed European Union and the referendum to follow, which may result in aUK exit from the EU (‘Brexit’), seem to have exposed the tensions in this relationship to ahigher degree than ever. Thus, this article goes to the heart of the puzzle and seeks to throwlight upon the existing tensions in thinking. The analysis anchors itself in the followingthree themes: (1) the conundrum inherent in the overall simmering feud, if viewed as aclash of different perspectives; (2) the overall role of the Court of Justice of the EuropeanUnion (CJEU) in supporting or curing these tensions, where recurring issues are, amongothers, judicial activism in the context of social benefits; and (3) recent thinking in EU legalscholarship in the area. Although all three themes are strongly inter-related, the first ofthem may be viewed as a macro-theme; the second as a micro-theme; and the third as amore critical and normative theme serving as a kind of self-reflective wing mirror.
AB - Europe’s relationship with its Member States’ national welfare systems attractsthe headlines nowadays. In particular, the negotiations regarding a new settlement for theUK in a reformed European Union and the referendum to follow, which may result in aUK exit from the EU (‘Brexit’), seem to have exposed the tensions in this relationship to ahigher degree than ever. Thus, this article goes to the heart of the puzzle and seeks to throwlight upon the existing tensions in thinking. The analysis anchors itself in the followingthree themes: (1) the conundrum inherent in the overall simmering feud, if viewed as aclash of different perspectives; (2) the overall role of the Court of Justice of the EuropeanUnion (CJEU) in supporting or curing these tensions, where recurring issues are, amongothers, judicial activism in the context of social benefits; and (3) recent thinking in EU legalscholarship in the area. Although all three themes are strongly inter-related, the first ofthem may be viewed as a macro-theme; the second as a micro-theme; and the third as amore critical and normative theme serving as a kind of self-reflective wing mirror.
UR - https://academic.oup.com//yel/article/35/1/341/2525283/Europe-and-the-Welfare-StateFriends-Foes-or?guestAccessKey=ed55c5a2-61e9-41d0-aadb-dcbb063fe6cf
U2 - 10.1093/yel/yew009
DO - 10.1093/yel/yew009
M3 - Journal article
VL - 35
SP - 341
EP - 381
JO - Yearbook of European Law
JF - Yearbook of European Law
SN - 0263-3264
IS - 1
ER -
ID: 166451859