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

Abstract

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.

Taking stock of individual power resources in European Union law: The blurry lines between adaptable and malleable social rights

“…This opens the question of lege ferenda and better law-making. For the latter, only an effective rebalancing between market and social interests will suffice, which requires at least the untapping of the horizontal clauses (Aranguiz, 2018) and at most a renegotiation of the foundational treaties. Regarding the question of lege ferenda , the opportunities discussed above regarding the existing competences of the EU should be considered particularly at a time of increased political commitment towards social Europe.…”

Bringing the EU up to speed in the protection of living standards through fundamental social rights: Drawing positive lessons from the experience of the Council of Europe

“…A coherent and harmonious relationship between different sources of fundamental social rights, in turn, seems essential for untapping (and respecting) the horizontal social clause under Article 9 TFEU. 112 In addition to the normative requirements, there are other compelling reasons to promote better synergies between these bodies. First, the CoE -for our case particularly the ESC -is a more experienced and ripened instrument that could enrich the currently vague social provisions under EU law.…”

'Festina Lente’: The ILO and EU Agendas on the Digital Transformation of Work

“…All in all, the EU institutions are paralyzed in the archaic divergence between economic, currently wearing the new clothes of digital, and social objectives. 75 If anything, the rapid development of tech companies makes it clear that this is a false incompatibility, since most of their comparative advantage of platforms is gained through sustained efforts to undermine existing regulation, mostly employment and social security rules, often resulting in unfair competition and in an unlevel playing field. 76 A situation where power and control are concentrated may also lead to oligopolistic behaviours at the expense of workers, clients and consumers' welfare.…”