Polanyi in B russels or L uxembourg? Social rights and market regulation in E uropean insurance

Dados Bibliográficos

ID7366958
AutoresDeborah Mabbett (0000-0001-7068-0812, autor correspondente)
Ano2013
Volume8
Fascículo2
Páginas186-202
Data de publicação2013-05-20
Peer ReviewedSim
Open AccessSim
TipoARTICLE
PeriódicoRegulation & Governance (JOURNAL)
Identificadores do periódicoISSN: 1748-5983 • E-ISSN: 1748-5991
EditoraWiley (PUBLISHER • GB)
DOI10.1111/rego.12021
OpenAlexW1908467670
IdiomaEN
Citações recebidas11
Referências citadas24

The decision of the C ourt of J ustice of the E uropean U nion to ban sex discrimination in insurance has shown the potential reach of the principle of non‐discrimination. This paper discusses the different positions taken by participants in the policy process leading up to the decision, in order to reveal the potential and limitations of non‐discrimination as the basis for market‐regulatory social policy. It is shown that the E uropean C ommission's initial support for prohibiting insurance discrimination faltered with the realization that the measure would have little efficacy as a distributive social policy. It was left to the C ourt to assert that non‐discrimination rights are constitutive for E uropean markets, regardless of their functional and instrumental limitations. The C ourt's focus was on the market‐integrative potential of rights as sources of norms for the conduct of insurance relationships. It is argued that this form of constitutive regulation is distinct from distributive social policy as it does not require that outcomes are egalitarian, but, rather, that the processes governing market relations should respect fundamental rights

Business · Distributive property · Economics · Law and economics · Order (exchange · Political science · Public economics · Realization (probability · Discrimination and Equality Law · European and International Law Studies · Human Rights and Development · Finance