Droits sociaux fondamentaux et Droit de l’Union européenne

Abstract : In the present storms of economic, immigration and nationalist crises, it seems that the strengthening of the EU depends more than ever on its commitment to democracy, rule of law, respect for human dignity and its social dimension. If it is no longer doubtful that the EU is founded by these principles through its primary law, their signification – or more exactly their implementation – is still disturbed by the contradictions in the practices of European institutions. The implementation of fundamental social rights is one of the major challenges in this situation. Indeed, “Europe will be social or there shall be no Europe”. Although these rights are proclaimed by EU law and other legal systems in Europe and around the world, they are still treated as rights of a secondary zone, in contrast with civil and political rights. In order to study this contrast, my thesis proposes a theoretical and methodological approach. By using a “concretistic” method, this thesis would argue that these rights cannot be reduced to political declarations. On the contrary, they have the mission to structure EU law, since they not only vest individuals with rights, but also constitute an objective system of values which determines the development of EU law.
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Linxin He. Droits sociaux fondamentaux et Droit de l’Union européenne. Droit. Université Panthéon-Sorbonne - Paris I, 2017. Français. ⟨NNT : 2017PA01D028⟩. ⟨tel-01783683⟩

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