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Sex Equality in Social Protection: New Institutionalist Perspectives on Allocation of Competence
Author(s) -
Hervey Tamara K.
Publication year - 1998
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/1468-0386.00049
Subject(s) - competence (human resources) , european union , political science , sociology , european commission , division of labour , commission , european integration , law and economics , positive economics , economic system , political economy , law , economics , social psychology , international trade , psychology
This article examines the development of regulation in the European Union (EU) of sex equality in social protection. It applies research methodologies suggested by ‘new institutionalist’ and ‘historical institutionalist’ perspectives on European integration. It does not aim to replace existing accounts, but simply to add an additional perspective to the analysis. The article suggests that new insights can be gained by observing the impact of the question of ‘division of competence’ on the issue of regulation of sex equality in social protection by the EU. The focus on division of competence illuminates relationships between institutions involved in the process of policy formation and implementation, especially the European Commission and the European Court of Justice. It may also illuminate policy outcomes and the directions in which the EU‘s sex equality law (and possibly social law more generally) has developed and may develop in the future.