Striking the Elusive Balance Between Economic Freedom and Social Rights in the EU

Abstract

Abstract It has been repeatedly stated that European integration has promoted economic freedom while leaving social rights and policies in a secondary position. The impact of Community law on social rights has been as a function of economic integration, promoting economic freedom and deregulation, while challenging national social rights. This process has not been compensated by the development of European social rights. It has even been argued that the programme of European market integration is also a programme in favour of economic freedom and competition. In this light, the Treaty of Rome is conceived as an economic neo-liberal constitution whose aim is to protect market freedom from public power and whose underpinning legitimacy lies in voluntary market transactions and enhanced economic efficiency. On the other hand, European integration has also been conceived as a safeguard of the welfare state. In the latter perspective, the European Union is the new forum in which social rights, no longer viable at national level due to economic competition among States, are re-introduced. Moreover, European integration gives a stronger voice to the European States in shaping the rules of global economic competition and protecting the ‘essentials’ of the welfare state.