From the Spirits that I Called - the Conflict between Domestic Norms and Internal Market Law in Dutch Social Housing Policy

Abstract

Making use of the example of Dutch Woningcorporaties (hereafter: Wocos), the paper analyzes whether, and if so the extent to which, domestic policy considerations play a role in the internal market law system. The Wocos are housing corporations that receive financial subsidies from the government in order to provide citizens with affordable housing in the Netherlands. It is shown that both free movement rules and competition rules take account of domestic policy considerations, for example through the mechanism of justifications and through Services of General Economic Interest found in Article 106 (2) TFEU. However, under the current setting, domestic norms will always be weighed against the goal of the completion of the internal market. Moreover, the weighing mechanism remains deeply flawed, which must lead to the conclusion that the internal market lense is not the most suited perspective from which to examine a situation such as that of the Dutch Woco system.