Social Rights and the European Monetary Union

Edited by Maribel González Pascual, Advisor to the Minister on Territorial Politics; Associate Professor of Constitutional Law, Universitat Pompeu Fabra and Aida Torres Pérez, Associate Professor of Constitutional Law and ICREA Research Professor, Universitat Pompeu Fabra, Spain

• Contents:Introduction to Social Rights and the European Monetary Union 1Maribel González Pascual and Aida Torres PérezPART I THE BUILDING BLOCKS OF SOCIALRIGHTS’ PROTECTION IN THE EU1 The dimensions of the principle of solidarity in theEuropean Union 7Karl-Peter Sommermann2 Social rights protection in the EU: unlocking the socialcontent of the EU Charter 25Maribel González PascualPART II THE EMU AS A CHALLENGE FOR SOCIAL RIGHTS3 The emergence of the new over-riding objective offinancial stability 51Klaus Tuori and Fernando Losada4 Social rights and the disintegration of (and through) lawin the Economic and Monetary Union: taking stock andlooking forward 71Francesco Costamagna and Filippo Croci5 Towards a meaningful integration of fundamental (social)rights in EMU governance 97Paul Dermine6 The human rights puzzle of the euro-crisis: why massivebreaches of human rights but none of the EU Charter ofFundamental Rights? 121Claire KilpatrickPART III THE ROLE OF COURTS WITHIN THE EMU7 The CJEU as guardian of social rights? The legacy of theEuropean financial crisis 143Anastasia Poulou8 The justiciability of ‘social rights’: evidence fromcrisis-ridden Greece 162Lina Papadopoulou and Nada Bodiroga-Vukobrat in memoriam9 The uncertain structure of process-based proportionalityreview in the EU: looking back at the debate onthe CJEU’s Weiss ruling and the German FederalConstitutional Court’s PSPP ruling 187Oliver Gerstenberg10 Adjudication of socioeconomic rights by the CJEU:towards a new form of judicial review? 205Aida Torres PérezIndex

‘This valuable book comes at a key time: as the EU and its member states wrestle with the mid to long-term social and economic impacts of the COVID-19 pandemic. The contributions engage effectively with the post-financial crisis EMU as a challenge for social rights enjoyment, while clearly locating that challenge in the historic marginalisation of social rights in EU governance. This volume will be of interest to anyone concerned about existing and potential mechanisms of social rights protection in the EU.’