Forms of Governance in European Union Social Policy: Continuity and/or Change?

Abstract

This article addresses the question of the evolution of regulatory and distributive social policy at European Union (EU) level, with special emphasis on its quantitative aspects. Data collected in meticulous detail on the EU's powers in the area of social policy and their practical implementation from the early days of European integration through to the end of 2002 are presented in a range of figures and tables. It becomes apparent that, quantitatively speaking, the body of EU social law in existence to date is impressive. Contrary to expectation, non-binding forms of action have not replaced those which are binding, or at least not yet. Soft law and the “open method of coordination”, the subject of so much recent debate, are rather a complement to classic legislation, entailing a minimum of harmonization. In terms of political science and legal theory this means that while the neo-voluntarism and legalization hypotheses highlight important aspects of EU social policy, neither of them represents the whole story.