Social mainstreaming through the European pillar of social rights: Shielding ‘the social’ from ‘the economic’ in EU policymaking

2018 ◽  
Vol 20 (4) ◽  
pp. 341-363 ◽  
Author(s):  
Ane Aranguiz

Implementing fiscal consolidation measures without first considering social stabilisers has led to turn what originally was an economic recession into a social crisis too. The economic and social divergences in Europe have increased to a point where the future of the social dimension of the EU has been put into question. There is however, a provision in the Treaties that obliges the EU to take into account social issues in all its policies and activities, namely, the so-called horizontal social clause enshrined in Article 9 TFEU. The potential of this clause to mainstream the social dimension of the EU and foster balance between social and economic policies has, however, not yet been untapped. The recently launched European Pillar of Social Rights (EPSR), which aims at achieving a highly competitive social market economy, brings to the table a number of rights-based objectives along with a number of indicators that might shed some light over the constraints faced by the horizontal social clause. This article aims at unravelling the potential of the horizontal social clause in envisioning parity between the social and the economic and providing a social pillar to the EU. This contribution provides first a legal analysis of Article 9 TFEU and it briefly discusses the problematic behind its poor implementation. Later, the potential of the horizontal social clause is discussed in the light of the current developments in the framework of economic governance. This article also suggests a number of scenarios where social mainstreaming should be duly implemented. It suggests that Article 9 TFEU may have an important role, in particular, with regard to austerity measures when envisioning it together with the EPSR.

2020 ◽  
Vol 22 (4) ◽  
pp. 467-485
Author(s):  
Ane Aranguiz

In spite of having been an alleged priority for the EU and the Member States over the last ten years, the number of people in situations of poverty and social exclusion remains unacceptably high. As the Covid-19 crisis unfolds, the EU is left at a crossroads that will likely be determinant for its future. This contribution explores the possibility of taking the solidarity route at this crossroads by activating the social competences in the form of a Framework Directive on Minimum Income. To this end, this contribution first discusses the context of this proposal and the importance of minimum income schemes in improving the living standards of the population. From there, it explores the possibilities for legal action under the current Treaty framework. It then emphasizes the importance of choosing adequate methodologies in such an instrument when aiming to secure adequate incomes to live a life in dignity in any given Member State. It is argued that this is equally important to comply with the principles of subsidiarity and proportionality. Ultimately, the EU will have to bet on its social dimension to remain true to its raison-d’être of becoming a social market economy.


2017 ◽  
Vol 16 (1) ◽  
pp. 3-18 ◽  
Author(s):  
Hans Jürgen Schlösser ◽  
Michael Schuhen ◽  
Susanne Schürkmann

Germany’s economic order is labelled ‘Social Market Economy’ in order to indicate that the economic system has both an economic and a social dimension. Its purpose is to reconcile efficiency goals and social responsibility. The concept of the Social Market Economy is based on central values such as freedom or justice. Under the label Social Market Economy, Germany has become an extensive social welfare system. However, the acceptance of this economic system has decreased over the last two decades. Especially in the eyes of young citizens, the value of justice is no longer upheld in Germany. Competition as an organising principle of economy is no longer esteemed but considered a threat and freedom has lost appreciation as a value. The goal of the study is to find out what the conception of Social Market Economy among first year undergraduate students looks like. In the context of the educational reconstruction model, we compared the students’ conceptions to professional assumptions in order to create a new pedagogical structure. The method is a qualitative approach, analysing students’ essays on Social Market Economy and its values. During the study, we found out that young people’s attitudes towards the economy and values highly correlate with their cognitive knowledge and education.


Author(s):  
Vanessa Mak

This chapter delves into the substantive values that underlie contract and consumer law in the EU. It shows that lawmaking in European contract and consumer law is embedded within the ordoliberal ideology on which the EU internal market was founded, yet is shaped not only by economic rights but also by social rights. Those rights have a basis in Articles 2 and 3 of the Treaty on European Union (TEU), which ground European cooperation in the common pursuit of a ‘highly competitive social market economy’ — social justice, equality, amongst other values and objectives. While the balance between economic and social rights in this area is in flux, the EU Treaties in combination with secondary legislation, case law, and the EU Charter of Fundamental Rights circumscribe a framework of shared values and objectives within which a substantive deliberation between lawmaking actors can take place. The chapter argues, therefore, that the EU legal order has a normative basis that enables legal pluralist perspectives on lawmaking to go beyond procedural approaches.


2017 ◽  
Vol 3 (1) ◽  
pp. 114-129
Author(s):  
Pedro Madeira Froufe

This paper registers some notes and interrogations concerning the express legal enshrinement of the concept of Social Market Economy. It highlights the ordoliberal origin of this concept and questions its meaning – associated with a certain loss of intensity from the clear proclamation of the principle of Competition – in terms of the economic ordination of the Internal Market and European integration. However, the question to be asked brings us back to the effective and contextualised characterisation in the current moment of European integration – the economic Constitution of the EU. Will there be, then, a change of the ideological referential in the economic constitution of the EU and, consequently, in the paths that are intended to be trailed in the future? Or, instead, is the emergence of the express enshrinement in the Treaty of the “Social MarketEconomy” not indicative of a shift of perspective (sense of direction) of the economy in the Internal Market, but only an evolution in continuance?


2019 ◽  
Vol 9 (1) ◽  
pp. 129-147
Author(s):  
Ewelina Florczak ◽  
Tomasz Gardziński

The aim of the article is to confirm the thesis that social enterprises have a big impact on maximizing social benefits and reducing disparities and social exclusion in the state with the social market economy, as well as in a country without a social market economy system. To achieve the goal, the assumptions of the social market economy and social enterprises were presented, both in terms of model and practical function-ing in Polish conditions. The authors use the deductive method of selected scientific publications, as well as the comparative method both in the efficiency of legal forms and business models of social enterprises, and the positive feedback phenomenon be-tween the social and micro-social dimension when the social enterprise penetrates complementarily through the order of the social market economy.


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