Search result: 4 articles

x
Article

Access_open Sustainable Enjoyment of Economic and Social Rights in Times of Crisis

Obstacles to Overcome and Bridges to Cross

Journal European Journal of Law Reform, Issue 4 2018
Keywords social and economic rights, austerity measures, Euro crisis, defaulting countries
Authors Dr. Natalie Alkiviadou
AbstractAuthor's information

    In 2008, the European Union was hit by the most severe financial downturn since the Great Recession of the 1930s. One of the major consequences of this phenomenon was the deterioration in the enjoyment of human rights, in particular economic and social rights. While it is indisputable that the crisis itself was directly correlated to the erosion of such rights, the conditions attached to the loan agreements between defaulting countries and the three lending institutions, namely the International Monetary Fund (IMF), the European Central Bank and the European Commission, have negatively affected the rights under consideration. Loans came with strict austerity measures, such as public expenditure cuts in the realm of, inter alia, public services, benefits and social security. This article considers the deterioration in the enjoyment of economic and social rights by Union inhabitants and particularly the anti-crisis strategy adopted by the European Union, which, as will be demonstrated, directly contributed to this deterioration. The stance of the three institutions was facilitated by the less than proactive, but improving, positioning of the Court of Justice of the European Union in case law, which will be assessed. It must be noted that it is not the three institutions acting alone in this process; the Member States are the ones who agree to the loans and their conditions and implement austerity measures on the ground. However, as will be reflected, the practical role and actual input of the countries themselves in this procedure is limited. The central theoretical tenet of the article is that the European Union is re-shifting its direction to the almost absolute adoption of an economic constitution, with little regard to its social counterpart. Within the aforementioned framework, this article seeks to assess the status of economic and social rights in a crisis-hit Union, provide a theoretical explanation for this occurrence and put forth possibilities for positive change, placing the protection and promotion of economic and social rights at the heart of any responses to crisis as a method to ensure their sustainable protection effectively.


Dr. Natalie Alkiviadou
Dr Natalie Alkiviadou is a Lecturer at the University of Central Lancashire Cyprus.
Article

Voorstel tot een historische kritiek van het neoliberalisme

Journal Res Publica, Issue 2 2018
Keywords Neoliberalism, Friedrich Hayek, Walter Eucken, classical liberalism, Michel Foucault
Authors Lars Cornelissen
AbstractAuthor's information

    In this article I argue that the commonplace interpretation of neoliberalism in the Netherlands is mistaken. According to this interpretation the term ‘neoliberalism’ refers to a series of policies, including privatisation and deregulation, that were implemented in the Netherlands in the 1980’s in imitation of Thatcher and Reagan. I argue that it is not this series of policies but the justification underpinning them that is of a neoliberal nature. To support this claim I offer a brief genealogical history of neoliberal thought, which developed in the interwar period, by explicitly distinguishing itself from both 19th-century classical liberalism and contemporary modern liberalism. On the basis of this historical account I assert that neoliberalism adopts the foundational principles of classical and modern liberalism, but that it prescribes different formal principles of rational government. I conclude that this diction makes it possible to write a critical history of neoliberalism.


Lars Cornelissen
Lars Cornelissen doet doctoraal onderzoek aan de University of Brighton (Verenigd Koninkrijk). Hij is gespecialiseerd in de geschiedenis van het neoliberalisme en schrijft zijn dissertatie over het antidemocratische aspect van neoliberale politieke economie.

Ulrich Karpen
Prof. Dr. iur. Universitätsprofessor at the Faculty of Law, University of Hamburg, Germany.

Jan-Hendrik Röver
LL.M. (London), Rechtsanwalt and Barrister, Visiting Fellow King's College London, Centre of European Law.
Showing all 4 results
You can search full text for articles by entering your search term in the search field. If you click the search button the search results will be shown on a fresh page where the search results can be narrowed down by category or year.