Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Rechtsstaat and Social Europe: How a Classical Tension Resurfaces in the European Integration Process

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

image of Comparative Sociology
For content published from 1960-2001, see International Journal of Comparative Sociology.

Will the welfare state survive European Integration? The paper seeks to put this currently intense debate into constitutional perspectives. It starts with a reconstruction of the débat fondateur in post-war Germany on the new Basic Law, which was focused on alleged or real tensions of welfarism with Rechtsstaatlichkeit, the commitment to rule of law. This is the background for the discussion in Section II on legal categories, which Fritz Scharpf has characterised as a decoupling of economic integration from the various welfare traditions of Member States. The third section analyses the ECJ’s recent labour law jurisprudence with its interpretation of the supremacy of European freedoms and its rigid interpretation of pertinent secondary legislation. These controversial moves are bound to provoke fierce opposition on the part of the protagonists of “Social Europe.”


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Comparative Sociology — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation