scholarly journals EU as a Highly Competitive Social Market Economy –Goal, Options, and Reality

2015 ◽  
Vol 14 (4) ◽  
pp. 393-410 ◽  
Author(s):  
Václav Šmejkal ◽  
Stanislav Šaroch
Keyword(s):  
European Union ◽  
Market Economy ◽  
Internal Market ◽  
Present Form ◽  
Social Market Economy ◽  
Eu Law ◽  
Political Analysis ◽  
Social Market ◽  
First Time ◽  
The Eu

Abstract In paragraph 3 of its Article 3, the Treaty on European Union (TEU) requires the EU to go after the goal of a highly competitive social market economy for the first time. It is noticeable in the aforementioned Treaty clause that although it deals with the EU internal market, its authors burdened it with a mission that is far more socially-oriented than market-oriented. However, is „a highly competitive social market econo-my“ of today a meaningful goal and does the EU in its present form have the project and powers to achieve such an objective? The paper is a combination of economic and legal -political analysis through which the authors try to answer three main questions: What is the contemporary meaning of the term “social market economy” in the both economic and EU-law academic theory? Can the EU within the powers conferred to it positively fulfill such an objective, or can it just approach it by weakening the still pre-vailing tendency towards liberalization and deregulation brought about by the construc-tion of the EU internal market and by the promotion of its freedoms?

scholarly journals Economic Constitution of the European Union, before and after Lisbon (between the principle of Competition and the “Social Market Economy”)

2017 ◽  
Vol 3 (1) ◽  
pp. 114-129
Author(s):  
Pedro Madeira Froufe
Keyword(s):  
European Integration ◽  
Market Economy ◽  
Internal Market ◽  
Social Market Economy ◽  
The European Union ◽  
Economic Constitution ◽  
The Social ◽  
Before And After ◽  
Social Market ◽  
The Eu

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?

Realizing the EU Social Market Economy through Law

2020 ◽  
pp. 231-246
Author(s):  
Vanessa Mak
Keyword(s):  
Environmental Protection ◽  
Market Economy ◽  
Legal Pluralism ◽  
Social Market Economy ◽  
Private Law ◽  
Normative Framework ◽  
Social Market ◽  
Political Economic ◽  
Opening Up ◽  
The Eu

This concluding chapter asserts that a case can be made for a strong legal pluralist theory of lawmaking in European private law. It takes a discursive approach, focusing on some aspects that require further consideration. The chapter considers how, and to what extent, the regulation of offline transactions is affected by the perceived shift towards legal pluralism. In addition, the chapter assesses which risks are posed to the instrumental-normative framework by political, economic, and social divides in the EU. Finally, the chapter closes with a reflection on the connections that could be made between certain fields such as citizens' rights as workers or in relation to environmental protection, opening up vistas for further research on lawmaking in European private law.

scholarly journals Equal Pay and EU Public Procurement Law – Case Study of Mandatory Icelandic ÍST85 Standard

2021 ◽  
Vol 4 (1) ◽  
pp. 1-24
Author(s):  
Marta Andhov ◽  
Bergþór Bergsson
Keyword(s):  
European Union ◽  
Public Procurement ◽  
Internal Market ◽  
Market Analysis ◽  
Eu Law ◽  
Equal Pay ◽  
Eu Member States ◽  
The Relationship ◽  
The Eu

 From 2018, it became mandatory to obtain the Icelandic Equal Pay Standard (ÍST85) for all companies with 25+ employees annually operating on the Icelandic market. It has been unclear to what extent – if any – the ÍST85 can be applied in public procurements. This article analyses whether the ÍST85 is compliant with the relevant European Union internal market law, particularly public procurement law. The growing intensity of nudges to include and verify social elements in public procurements can be observed throughout the EU. The analysis of the Islandic case study bears relevance as it can be applied to the EU Member States and other EEA/EFTA States, contemplating similar approaches in their procurements. Section 1 introduces ÍST85. Section 2 analyses the relationship between EEA and EU law, showcasing that this article's analytical outcomes provide lessons applicable beyond Iceland. Section 3 examines how equal pay is regulated under EU law. Section 4 conducts an internal market analysis of ÍST85 compliance by examining the Treaties provisions on free movement. Section 5 introduces the EU public procurement law and examines ÍST85 compliance with Directive 2014/24/EU. Section 6 tests the application of ÍST85 to the Posted Workers Directive. Section 7 concludes the article. 

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