ABSTRACT

This chapter explores the tensions of European Union (EU) social policy, its historical developments and scope. It discusses the domestic impacts of Social Europe and assesses the role of neoliberal ideas in European social policy. The Treaties of Maastricht and Amsterdam have strengthened Social Europe. Free movement involves the abolition of any discrimination between workers of Member States regarding employment, remuneration, or working conditions. Gender equality policy is based on a broad set of instruments which include treaties, directives, and case law. EU policy against discrimination was largely built on the model of gender equality policy and follows its guiding principles: definition of direct and indirect discrimination, harassment as a form of discrimination, and reversal of the burden of proof. The fight against social exclusion has been integrated into the EU's competence with the Treaty of Nice but only through national-cooperation measures, effectively excluding the possibility of supranationally set minimum standards.