Abstract

In this article we take managing migration and managing the gig economy as a prism through which to examine not only whether the phrase ‘social market economy’ has any real substance, but also whether it offers any guidance as to how the European Union (EU) may respond in the future. We argue that the language of ‘social market economy’, a concept drafted in the halcyon days prior to the financial and migration crises, serves only to highlight the gap between rhetoric and reality. We identify two main reasons for this, namely a lack of legal competence and a lack of political will. We then consider whether the objective of attaining a ‘social market economy’ can be operationalised in any way. In the light of the establishment of the European Social Pillar, we argue that it can, yet within certain limits. We conclude by arguing that the lack of clear communication by the EU, both of its successes and also of the limits on its powers, means that it receives little credit for the good it is able to do. It also unnecessarily raises expectations among the public about what it can achieve. This inevitably leads to the disappointment generated by unfulfilled expectations.

Highlights

  • Realising a highly competitive social market economy, as proclaimed in Article 3(3) of the Treaty on European Union (TEU), has been one of the tasks and objectives of the EU since 2009

  • We argue that the language of ‘social market economy’, a concept drafted in the halcyon days prior to the financial and migration crises, serves only to highlight the gap between rhetoric and reality (Section 3)

  • The one exception is in Iraklis[47] where the Court said: It should be added, in respect of the overriding reasons in the public interest (...), that, as is apparent from Article 3(3) TEU, the European Union is to establish an internal market but is to work for the sustainable development of Europe, which is based, in particular, on a highly competitive social market economy aiming at full employment and social progress, and it is to promote, inter alia, social protection

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Summary

Introduction

The story so far has not been positive. While the problem of the lack of legal competence has always been difficult, the lack of political will is increasingly problematic. As far as the gig economy is concerned, the rapid pace of change raises new questions about the scope of application of employment law in the EU and its Member States, and how, within the EU legal context, social rights of migrants and non-migrants can be balanced with the requirements of market access and economic progress. We shall argue that there are attempts to give more support to the social dimension of the market economy (even though the ‘social market economy’ language itself is not used), especially through the European Social Pillar (ESP) and the tools it deploys, albeit its possibilities are still limited by the political and legal competence issues outlined above

Challenges posed by migration
West against East
East v further East: the migration crisis
The question of competence
The lack of political will
The ESP
Legislative texts
Mainstreaming
Case law and the role of the CJEU
Findings
Conclusion
Full Text
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