This book addresses the different forms of austerity, contestation and resistance, in order to understand how they relate to one another and the impact they have on the democratic quality of public debates, the trust in public institutions and the legitimacy of law.
Contestation of austerity includes not only traditional activism strategies such as human rights litigation and direct democracy instruments, but also new forms of collective action and collaborative resistance. Most importantly, many of the new anti-austerity initiatives also aim to renovate existing modes of democratic decision-making on the European, national, regional and local levels. The book focuses on different types of contesting austerity measures and the interaction between institutional and civil society actors. It will enhance understanding of how the various actors frame not only their goal but also the underlying social conflict to contest austerity and through which means they try to achieve political and legal changes.
With 16 chapters written by contributors from Spain, Germany, Greece, Portugal and the UK, the book approaches 3 crucial areas of austerity policies: cuts in payment and pensions, labour law reform, and old and new poverty. In each field, the contributors analyse the processes of decision-making and contestation from 3 perspectives: institutions, democratic theory and societal responses.
1. Contestation and Integration in Times of Crisis: The Law and the Challenge of Austerity Anuscheh Farahat (University of Erlangen-Nürnberg, Germany) and Xabier Arzoz (National University of Distance Education, Spain) Part I - Contestation, Politicisation and Democracy: A Sensitive Virtuous Circle? 2. The Crisis Relevance of Political Theory in Times of Austerity Martin Nonhoff (University of Bremen, Germany) 3. New Forms of Government Induced by Crisis Management Miguel Azpitarte (University of Granada, Spain) 4. Unravelling the Politicisation-Depoliticisation Nexus of Decontestory Politics during the Euro-Crisis Marius Hildebrand (University of Erlangen-Nürnberg, Germany) 5. Integration-through-Crisis: A New Mode of European Integration? Nicole Scicluna (University of Hong Kong) Part II - Austerity Measures under European and National Judicial Review 6. Challenging Austerity before European Courts Carlos Aymerich (University of Coruña, Spain) 7. (Re)Turning to Solidarity in EU Economic Governance: A Normative Proposal Ana Bobic (Hertie School of Governance, Germany) 8. The Political Role of the Greek Council of State under Circumstances of Economic Emergency Elisavet Lampropoulou (Humboldt Universität zu Berlin, Germany) 9. Taking Social Rights Seriously? The Spanish Case Juli Ponce Solé (University of Barcelona, Spain) 10. Constitutional Adjudication as a Forum for Contesting Austerity: The Case of Portugal Teresa Violante (University of Erlangen-Nürnberg, Germany) Part III - Contesting Labour Law Reforms 11. Contesting Austerity: The Role of Trade Unions in the UK KD Ewing (King's College London, UK) 12. The Role of Trade Unions in the Age of Austerity: Resistance and Power Resources in Portugal Hermes Augusto Costa (University of Coimbra, Portugal) 13. By-Products of Austerity: Regionalisation of Collective Bargaining in Spain Julia López (Pompeu Fabra University, Spain) and Sergio Canalda (Pompeu Fabra University, Spain) 14. International Labour Regulations as a Retaining Wall against Austerity: The Spanish Experience Consuelo Chacartegui Jávega (Pompeu Fabra University, Spain) and Xabier Arzoz (National University of Distance Education, Spain) Part IV - Asymmetries and Competing Rationales in the Contestation of Austerity 15. Socioeconomic Rights Enforcement and Resource Allocation in Times of Austerity: The Case of Greece 2015-2018 Akritas Kaidatzis (Aristotle University of Thessaloniki, Greece) 16. Labour Gender Gaps and EU VET Policy: Young Women with Low Educational Attainment Núria Pumar Beltrán (University of Barcelona, Spain) 17. Age and the Politics of Austerity: The Case of Spain Pau-Marí Klose (University of Zaragoza, Spain) and Francisco Javier Moreno-Fuentes (Spanish National Research Council)
Anuscheh Farahat is Professor of Public Law, Migration Law and Human Rights Law at the University of Erlangen-Nürnberg, Germany. Xabier Arzoz is Professor of Administrative Law at the National University of Distance Education (UNED) in Madrid, Spain.
Reviews for Contesting Austerity: A Socio-Legal Inquiry
The book offers an essential contribution to both society at large and academia to reflect on and react to any hegemonic narrative that seeks to override social pluralism and reject the central meaning of conflict. If one assumes the intrinsic connection of law with social reality, the volume comprises an outstanding transformative potential. It is a highly recommended reading for anyone open to understanding that conflicts can hardly be reduced to the national framework alone, resolved exclusively by State power, and unleash their integrative potential in the absence of real transnational solidarity. -- Daniela Dobre * Heidelberg Journal of International Law *
