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Solidarity As a Public Virtue?

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Transnational Perspectives on Transformations in State and Society l 4 Veronica Federico | Christian Lahusen [eds.] Solidarity as a Public Virtue? Law and Public Policies in the European Union https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb BUT_Lahusen_4739-9.indd 1 03.05.18 13:26 Transnational Perspectives on Transformations in State and Society Transformation von Staat und Gesellschaft in transnationalen Räumen edited by Prof. Dr. Robert Kaiser, University of Siegen herausgegeben von Prof. Dr. Christian Lahusen, University of Siegen Prof. Dr. Andrea Schneiker, University of Siegen Prof. Dr. Robert Kaiser, Universität Siegen Prof. Dr. Christian Lahusen, Universität Siegen Prof. Dr. Andrea Schneiker, Universität Siegen Volume 4 Band 1 https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb BUT_Lahusen_4739-9.indd 2 03.05.18 13:26 Veronica Federico | Christian Lahusen [eds.] Solidarity as a Public Virtue? Law and Public Policies in the European Union https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb BUT_Lahusen_4739-9.indd 3 03.05.18 13:26 The Deutsche Nationalbibliothek lists this publication in the Deutsche Nationalbibliografie; detailed bibliographic data are available on the Internet at http://dnb.d-nb.de ISBN 978-3-8487-4739-9 (Print) 978-3-8452-9005-8 (ePDF) British Library Cataloguing-in-Publication Data A catalogue record for this book is available from the British Library. ISBN 978-3-8487-4739-9 (Print) 978-3-8452-9005-8 (ePDF) Library of Congress Cataloging-in-Publication Data Federico, Veronica / Lahusen, Christian Solidarity as a Public Virtue? Law and Public Policies in the European Union Veronica Federico / Christian Lahusen (eds.) 553 p. Includes bibliographic references and index. ISBN 978-3-8487-4739-9 (Print) 978-3-8452-9005-8 (ePDF) 1st Edition 2018 © Nomos Verlagsgesellschaft, Baden-Baden, Germany 2018. Printed and bound in Germany. This work is subject to copyright. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage or retrieval system, without prior permission in writing from the publishers. Under § 54 of the German Copyright Law where copies are made for other than private use a fee is payable to “Verwertungs gesellschaft Wort”, Munich. No responsibility for loss caused to any individual or organization acting on or refrain- ing from action as a result of the material in this publication can be accepted by Nomos or the editors. https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb BUT_Lahusen_4739-9.indd 4 03.05.18 13:26 Acknowledgements Results presented in this book have been obtained within the project Euro- pean paths to transnational solidarity at times of crisis: Conditions, forms, role-models and policy responses (TransSOL). This project was funded by the European Commission under the Horizon 2020 research and innova- tion programme (grant agreement No. 649435). The TransSOL consortium was coordinated by the University of Siegen (Christian Lahusen), and was formed, additionally, by the Glasgow Caledonian University (Simone Baglioni), the Sciences Po Paris-CEVIPOF (Manlio Cinalli), the Universi- ty of Copenhagen (Hans-Jörg Trenz), the University of Crete (Maria Kousis), the University of Florence (Veronica Federico), the University of Geneva (Marco Giugni), the University of Sheffield (Maria Grasso), the University of Warsaw (Maria Theiss), and European Alternatives (Daphne Büllesbach, Lorenzo Marsili). 5 https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb Table of Contents Introduction 11 Christian Lahusen and Veronica Federico Part I: Solidarity as a Legal and Constitutional Principle in European Countries 33 Denmark 35 Deniz Neriman Duru, Thomas Spejlborg Sejersen and Hans-Jörg Trenz France 53 Manlio Cinalli, Carlo de Nuzzo Germany 69 Ulrike Zschache Greece 91 Maria M. Mexi Italy 109 Veronica Federico and Nicola Maggini Poland 129 Janina Petelczyc Switzerland 147 Eva Fernández G.G. and Délia Girod The United Kingdom 179 Tom Montgomery and Simone Baglioni 7 https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb Table of Contents Part II: Solidarity as a Legal Principle within the European Union's Legal System 193 Solidarity in the European Union in Times of Crisis: Towards “European Solidarity”? 195 Ester di Napoli and Deborah Russo Part III: Solidarity at a Crossroad: Solidarity and Member State Public Policies on Unemployment, Disabilities and Migration/Asylum 249 Solidarity in Times of Crisis: Disability, Immigration and Unemployment in Denmark 251 Deniz Neriman Duru, Thomas Spejlborg Sejersen and Hans-Jörg Trenz Disability, Unemployment, Immigration: Does Solidarity Matter in Times of Crisis in France? 275 Manlio Cinalli and Carlo De Nuzzo Disability, Unemployment, Immigration: The Implicit Role of Solidarity in German Legislation 303 Ulrike Zschache Greece in Times of Multiple Crises: Solidarity under Stress? 337 Maria M. Mexi Disability, Unemployment, Immigration: Does Solidarity Matter at the Times of Crisis in Italy? 361 Veronica Federico and Nicola Maggini Disability, Unemployment, Immigration: Does Solidarity Matter in Times of Crisis? The Polish Case 395 Janina Petelczyc 8 https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb Table of Contents Switzerland: Vulnerable Groups and Multiple Solidarities in a Composite State 421 Eva Fernández G.G. and Tania Abbiate Solidarity in Austerity Britain: The Cases of Disability, Unemployment and Migration 469 Tom Montgomery and Simone Baglioni Conclusion: Solidarity as a Public Virtue? 495 Veronica Federico Contributors 543 Index 547 9 https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb Introduction Christian Lahusen and Veronica Federico Solidarity is an intensively discussed topic within the European Union (EU). This is not at all surprising considering we are living in times of cri- sis. Difficulties accumulate, if we think about the economic recession that has gripped the union since 2008 and the increased immigration of refugees and asylum seekers since the summer of 2015. With regard to both of these situations, the European Union has seen the need to develop policies that meet the challenges of these crises, and accordingly, various programmes have been launched in these fields (e.g. the European Finan- cial Stability Facility, the Stability and Growth Pact, border patrol opera- tions, relocation and resettlement programmes, the EU-Turkey agree- ments). However, many of these policies fall short of public expectations, particularly where the principle of solidarity is concerned. National gov- ernments have been reluctant to sign agreements requiring more intense cooperation, joint responsibility and burden sharing. Governments’ propensity to defend national interests has inspired this reluctance. How- ever, this hesitancy also seems to stem from the EU’s institutional and le- gal architecture because the principle of solidarity is legally enshrined in a rather unbalanced manner. On the one hand, solidarity is only weakly de- veloped within European law, whereas on the other hand, it has found a much wider and diverse application at the national level, thus inhibiting coordination and harmonisation. The situation, however, is changing. In fact, the various EU crises seem to have provoked considerable alterna- tions in both respects. Apparently, the crises have stepped up the pressure on EU institutions and on national governments to promote cooperation and solidarity among member states, whereas legislators at both the na- tional and the EU level seem to marginalise the role of solidarity in many countries. This is especially true if we factor in austerity measures and welfare state retrenchment policies. These observations reveal that solidar- ity is a highly contested and dynamic field of political action and policy- making. Given this field’s relevance, it seems important to devote our at- tention to European solidarity in its various manifestations. 11 https://doi.org/10.5771/9783845290058, am 24.05.2018, 08:49:46 Open Access - https://www.nomos-elibrary.de/agb Christian Lahusen and Veronica Federico The goal of this collective volume is to broaden our knowledge of European solidarity along these lines. Of particular interest is understand- ing how solidarity is embedded within the institutional, political and legal architectures of the EU and its member states. For this purpose, this book examines solidarity’s role as a legal principle and as a component of pub- lic policies in eight European countries—Denmark, France, Germany, Greece, Italy, Poland, Switzerland and the UK—and within the EU’s insti- tutional fabric. This spectrum of cases reflects more than just the need to consider the situations of
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