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The unconstitutionalization of the work in the labour law reform of 2012

Document Citado por Relacionados
Vincent
Páginas245-246

Page 245

Abstract: This article focuses on the present moment of deep reforms derived from the European austerity policies as a process of strong social reductions and a working deregulation which does not respect the basic rights recognized in the Charter of Fundamental Rights of the UE, and it is in opposition to what the TFUE itself establishes. The economic governance of the European economic and government authorities is taking shape as a kind of parallel legality to that which is "common" in the UE and breaks the deal in an unequal and pejorative way in the outlying countries in the south and east of Europe. In Spain, especially from the reform of 2012, the "structural reforms" have created a new way to deal with the inner balances of the working rights, affecting directly a wide beam of rights taken as fundamental rights. This text maintains, from the analysis of the impact of the reform in the system of collective and individual rights, there has been a process of unconstitutionalization of the work, which means the deprivation of the constitutional

Page 246

attributes corresponding to work as a political category recognized in the fundamental law, in such a way that the work, after being a social and political phenomenon, is simply considered as an economic exchange...

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