Documents Sindbjerg Martinsen, Dorte 4 results

"This volume examines the state of social Europe when European Union principles and policies have to be implemented in the member states while the EU legitimacy crisis and the Great Recession prevail. The volume explores diverse processes, stages and subjects of implementation in a variety of social policies to identify different institutional dynamics and actor behaviours at play. The individual contributions examine the transposition of the patients' rights directive to the Europeanisation of pension reforms; the role of national parliaments in transposing social Europe; judicial Europeanisation; and the multi-level enforcement of EU decisions. Theoretically, the volume highlights that implementation is often conditioned by domestic politics or comes as a ‘random walk' due to organisational and cognitive constraints. Empirically, the volume has three main findings. First, the constitutive components of the EU tend to have a contradictory impact on the EU's social policies and the national welfare systems. Second, crises influence the implementation of social Europe, at times leading to a modification of fundamental principles and content, but not across the board. Third, as a result, there is evidence of differentiated Europeanisation."

"Welfare regulation in the European Union continues to crawl forward despite salient conflicts of interests. This article addresses the fundamental puzzle of how regulatory competences may expand into the core of the welfare state and how conflicts are, eventually, managed in such processes. It analyses the EU cross-border provision of healthcare services and argues that the interplay between the Commission and the Court constitutes a powerful dynamic in generating new regulatory activities and in finding ways to set conflicts aside. The Commission draws on formulations offered by the Court in finding ways to manage conflict, for example, by requiring 'proportionate' national policies which establish that national obstacles to free movement principles are 'objectively necessary'. The article concludes that law and evidence-based policy-making serve as powerful resources for the Commission in managing conflict."

" For decades, the European legislators and the Court of Justice have extended the rights to free movement and cross-border welfare in the European Union (EU). Strong assumptions on the impact of these rules have been made. It has been held by some that they will lead to welfare migration and thus to be a fundamental challenge to the welfare state. However, studies of how these rules are implemented and what become the de facto outcomes hereof remain scarce. We address this research gap, by examining domestic responses to and outcomes of dynamic EU rules. We based our research on a unique set of administrative data for all EU citizens living in the universalist, tax-financed welfare state of Denmark between 2002 and 2013. We find that domestic responses have been restrictive and outcomes limited."