Abstract

Páginas245-247
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SOCIAL STATE, RIGHT TO WORK, EMPLOYMENT POLICY. Joaquín Aparicio Tovar,
Antonio Baylos Grau y Jaime Cabeza Pereiro.
Abstract: This article analyzes the central position in the Spanish Constitution
of the clause of Social State and its content, standing out its relation with the
principle of material equality and the process of social reforms which must try
to do it gradually. The centrality of the work in this tension of the Social State to
equality explains the importance of the constitutional declaration of the right
to work in the art.35 EC and its political-democratic meaning which conditions
the subsequent compromise by the public powers with regard to the implemen-
tation of a policy for the full employment or for a “high level of employment” as
the TFUE says. Finally, the text focuses on the analysis of the different options
planned to the employment policies, now collected in the Law 3/2023, related to
the efficiency of the public service and the possible areas of collaboration with
the private initiative, to result in the need of having a common legislation in
the European Union frame and the revision of the international law of the OIT
related to it.
Keywords: Social State, Right to work, Employment policy, Public Service of
Employment.
SOCIAL DEMOCRATIC STATE AND SOCIAL AGREEMENT. María Emilia Casas
Baamonde.
Abstract: Dialogue and social concertation are a political function of social
states, subject to new opportunities and old and new challenges in the social
market economies in times of global capitalism. Although with differences
among the States, they have played a major role, in the defense of general inter-
ests and public goods, in the COVID crisis and in the uncertain recovery affected
by new crises. The European Union has ensured its participation in legislative
reforms and in state social and, where appropriate, economic policies through
the Recovery and Resilience Mechanism, the core of Nex Generation UE, and as
a condition of social justice of the major economic transformations underway,
digital and climatic. As an autonomous legal policy in concert with the public
authorities, social concertation it faces the essential challenge of reconciling its
normative function with the democratic primacy of parliaments in democratic
states governed by the rule of law and with its recently controversial regulation
in the original law on the social policy of the European Union. This permanent
ABSTRACTS
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