
Contents
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Dynamics of EU Social Integration Dynamics of EU Social Integration
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The History of an EU Social Policy The History of an EU Social Policy
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Coordinating Social Security for Migrant Workers Coordinating Social Security for Migrant Workers
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Gender Equality Gender Equality
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Health and Safety and Public Health Health and Safety and Public Health
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Extension of EU Regulation over Time Extension of EU Regulation over Time
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The European Court and Social Integration The European Court and Social Integration
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Analysing the Influence of the Court on EU Policy Outputs over Time Analysing the Influence of the Court on EU Policy Outputs over Time
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The Court as Justification The Court as Justification
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Political Responses Political Responses
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Examining the Probability of Codification Examining the Probability of Codification
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Codifying the Case Law of the Court Codifying the Case Law of the Court
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Modifying the Case Law of the Court Modifying the Case Law of the Court
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Overriding the Court Overriding the Court
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Rule Discovery and Further Clarification Rule Discovery and Further Clarification
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Judicial Influence on EU Social Policy Outputs over Time Judicial Influence on EU Social Policy Outputs over Time
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References References
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3 A Social Policy for the European Union
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Published:September 2015
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Abstract
The chapter presents the achievements, dynamics, and challenges of EU social policy. It examines the dynamics of EU social integration, distinguishing between negative and positive integration, and the open methods of coordination. The chapter sets out the development of EU social policies, including healthcare, despite a weak Treaty mandate and political contestation. After thus presenting the policy area, it analyses the extent to which and conditions under which judicial decisions influence EU social policy outputs. Judicial influence is analysed over time. All social and healthcare proposals, and major amendments, adopted between 1957 and 2014 are compiled and analysed. Variation on judicial influence is identified and the association between key factors, such as time and political disagreements, and the likelihood of political codification of jurisprudence, are examined. The analysis uses qualitative examinations of three decision-making processes leading to different types of judicial influence: codifying, modifying, and overriding the CJEU case law.
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