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Reflexive Law & Democratic Governance

Aims & objectives

This project was funded by the 5th Framework Programme of the European Commission and involved collaboration between the CBR and a network of other European universities coordinated by the Centre for Legal Philosophy, Catholic University of Louvain. The CBR's involvement focused on tensions developing at European level between the economic freedoms guaranteed by the EC Treaty (including free movement for goods, persons and capital, and freedom of establishment for enterprises) and the protection of fundamental social rights.

Results & dissemination

Case studies were carried out of the interaction between economic and social interests in the case law of the European Court of Justice and of national-level courts, and of the implementation of European Community law in the UK (focusing on the area of working time). Following seminars held in Paris in December 2003 and Cambridge in March 2004, a book representing the work of the project was completed and will be published in 2005: De Schutter, O. and Deakin, S. (eds.) Social rights and market forces: is open coordination the future for European employment and social policy? Brussels: Bruylant.

Working papers

Barnard, C., Deakin, S. and Hobbs, R. (2004) Reflexive law and the evolution of labour standards: the case of working time’, Centre for Business Research Working Paper No. 294.

Barnard, C., Deakin, S., and Hobbs, R. (2003) ‘Social rights and regulatory competition: the case of working time’ mimeo.

Books

De Schutter, O. and Deakin, S. (eds.) (2005) Social Rights and Market Forces: Is the Open Coordination of Employment and Social Policies the Future of Social Europe? (Brussels: Bruylant).

Book chapters

Barnard, C., Deakin, S. and Hobbs, R. (2005) 'Reflexive law, corporate social responsibility, and the evolution of labour standards: the case of working time', in O. De Schutter and S. Deakin (eds.) Social Rights and Market Forces: Is the Open Coordination of Employment and Social Policies the Future of Social Europe? (Brussels: Bruylant), 205-244.

De Schutter, O. and Deakin, S. (2005) 'Introduction: reflexive governance and the dilemmas of social regulation', in O. De Schutter and S. Deakin (eds.) Social Rights and Market Forces: Is the Open Coordination of Employment and Social Policies the Future of Social Europe? (Brussels: Bruylant), 1-27.

Research student

Richard Hobbs

Project status

Completed

Project dates

2002-2004

Funding

European Commission Fifth Framework Programme