2005•European Law JournalRequires access

Hard and Soft Law in the Construction of Social Europe: the Role of the Open Method of Co-ordination

David M. Trubek, Louise G. Trubek

Abstract

Abstract: The debate over the Open Method of Co-ordination has reopened discussion of the role of ‘soft law’ in the process of European integration. This paper outlines the debate over the relative value of hard and soft law in EU social policy, explores the operation of non-binding objectives and guidelines in the European Employment Strategy, suggests a number of reasons why ‘soft law’ might be effective in this area, and explores the possibility for productive combination of hard and soft law measures.

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Key concepts: Soft law, Ordination, Hard law, Value (mathematics), Law, Political science, Sociology, Law and economics