Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEU
(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1405-1429 | Article | (Table of Contents) I. Introduction. - II. Different levels of social mainstreaming and EU law. - II.1. The relationship be-tween the economic and social at EU level. - II.2. Art. 9 TFEU. - III....
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| Format: | Article |
| Language: | English |
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European Papers (www.europeanpapers.eu)
2023-03-01
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| Series: | European Papers |
| Subjects: | |
| Online Access: | https://www.europeanpapers.eu/en/e-journal/between-hope-fear-creation-more-inclusive-eu-single-market-through-art-9-tfeu |
| _version_ | 1811160203897339904 |
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| author | Sybe de Vries Rik de Jager |
| author_facet | Sybe de Vries Rik de Jager |
| author_sort | Sybe de Vries |
| collection | DOAJ |
| description | (Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1405-1429 | Article | (Table of Contents) I. Introduction. - II. Different levels of social mainstreaming and EU law. - II.1. The relationship be-tween the economic and social at EU level. - II.2. Art. 9 TFEU. - III. A story of hope (I): Art. 9 TFEU, EU competition law, and the Four Freedoms. - III.1. The "social exemption" for collective bargaining. - III.2. Social interests as an exception ground to free movement. - IV. A story of hope (II): Art. 9 TFEU and EU legislative harmonisation. - IV.1. The internal market legal bases of inter alia art. 114 TFEU. - IV.2. The importance of art. 153 TFEU in making the EU internal market more socially inclusive. - V. Fears undermining the safeguarding of social interests in the EU single market through art. 9 TFEU. - V.1. Relatively vague and unclear wording of art. 9 TFEU. - V.2. The constitutionalisation of EU (free movement) law and the unclear scope of EU fundamental social rights protection. - V.3. The (some-times) flawed reasoning in the case law on EU free movement law. - V.4. The question of competence, technological innovation and digitalization. - VI. Conclusion. | (Abstract) In this Article, we assess to what extent art. 9 TFEU, which contains the social mainstreaming clause, may be used to shore up the social dimension of the EU Single Market. The story of hope of a more socially inclusive internal market starts with the "porous" EU internal market legal framework itself and ends with art. 153 TFEU and the European Pillar of Social Rights. Yet, there are also fears that, despite the language of social mainstreaming, the EU cannot deliver on the promise of art. 9 TFEU for various reasons, including the limited legislative competences of the EU to pursue social policies. While we mainly want to emphasize the story of hope, we will also look into the fears and how some of these could be addressed. |
| first_indexed | 2024-04-10T05:53:39Z |
| format | Article |
| id | doaj.art-1b3c1114256847b9a822be8f9ae46307 |
| institution | Directory Open Access Journal |
| issn | 2499-8249 |
| language | English |
| last_indexed | 2024-04-10T05:53:39Z |
| publishDate | 2023-03-01 |
| publisher | European Papers (www.europeanpapers.eu) |
| record_format | Article |
| series | European Papers |
| spelling | doaj.art-1b3c1114256847b9a822be8f9ae463072023-03-03T18:32:52ZengEuropean Papers (www.europeanpapers.eu)European Papers2499-82492023-03-012022 731405142910.15166/2499-8249/619Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEUSybe de Vries0Rik de Jager1Utrecht UniversityUtrecht University(Series Information) European Papers - A Journal on Law and Integration, 2022 7(3), 1405-1429 | Article | (Table of Contents) I. Introduction. - II. Different levels of social mainstreaming and EU law. - II.1. The relationship be-tween the economic and social at EU level. - II.2. Art. 9 TFEU. - III. A story of hope (I): Art. 9 TFEU, EU competition law, and the Four Freedoms. - III.1. The "social exemption" for collective bargaining. - III.2. Social interests as an exception ground to free movement. - IV. A story of hope (II): Art. 9 TFEU and EU legislative harmonisation. - IV.1. The internal market legal bases of inter alia art. 114 TFEU. - IV.2. The importance of art. 153 TFEU in making the EU internal market more socially inclusive. - V. Fears undermining the safeguarding of social interests in the EU single market through art. 9 TFEU. - V.1. Relatively vague and unclear wording of art. 9 TFEU. - V.2. The constitutionalisation of EU (free movement) law and the unclear scope of EU fundamental social rights protection. - V.3. The (some-times) flawed reasoning in the case law on EU free movement law. - V.4. The question of competence, technological innovation and digitalization. - VI. Conclusion. | (Abstract) In this Article, we assess to what extent art. 9 TFEU, which contains the social mainstreaming clause, may be used to shore up the social dimension of the EU Single Market. The story of hope of a more socially inclusive internal market starts with the "porous" EU internal market legal framework itself and ends with art. 153 TFEU and the European Pillar of Social Rights. Yet, there are also fears that, despite the language of social mainstreaming, the EU cannot deliver on the promise of art. 9 TFEU for various reasons, including the limited legislative competences of the EU to pursue social policies. While we mainly want to emphasize the story of hope, we will also look into the fears and how some of these could be addressed.https://www.europeanpapers.eu/en/e-journal/between-hope-fear-creation-more-inclusive-eu-single-market-through-art-9-tfeuart. 9 tfeusocial mainstreamingeu single marketsocial policyeu chartereuropean court of justice |
| spellingShingle | Sybe de Vries Rik de Jager Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEU European Papers art. 9 tfeu social mainstreaming eu single market social policy eu charter european court of justice |
| title | Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEU |
| title_full | Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEU |
| title_fullStr | Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEU |
| title_full_unstemmed | Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEU |
| title_short | Between Hope and Fear: The Creation of a More Inclusive EU Single Market Through Art. 9 TFEU |
| title_sort | between hope and fear the creation of a more inclusive eu single market through art 9 tfeu |
| topic | art. 9 tfeu social mainstreaming eu single market social policy eu charter european court of justice |
| url | https://www.europeanpapers.eu/en/e-journal/between-hope-fear-creation-more-inclusive-eu-single-market-through-art-9-tfeu |
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