Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?

'Since the introduction of the Lisbon Treaty in 2009, public authorities in the European Union (EU) operate within a social market economy. This socioeconomic model inherently contains an initial promise that social objectives – in addition to economic objectives – have an important role to pla...

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Main Authors: Anna Gerbrandy, Willem Janssen, Lyndsey Thomsin
Format: Article
Language:English
Published: Utrecht University School of Law 2019-09-01
Series:Utrecht Law Review
Subjects:
Online Access:https://www.utrechtlawreview.org/articles/509
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author Anna Gerbrandy
Willem Janssen
Lyndsey Thomsin
author_facet Anna Gerbrandy
Willem Janssen
Lyndsey Thomsin
author_sort Anna Gerbrandy
collection DOAJ
description 'Since the introduction of the Lisbon Treaty in 2009, public authorities in the European Union (EU) operate within a social market economy. This socioeconomic model inherently contains an initial promise that social objectives – in addition to economic objectives – have an important role to play in creating this context. Whilst aiming to contribute to social objectives and, thus, shape their part of this economy, public authorities are frequently faced with the possibilities and the often emphasised limitations of public economic law, which most prominently includes EU public procurement law, EU state aid law and EU competition law. This contribution considers the legal tensions that can arise when these authorities aim to pursue social objectives within the remit of these fields of law. Based on the areas of sustainability and employment, it argues that public economic law contains various suitable instruments for the pursuit of these objectives, but also that differences still exist between how a balance is struck between the ‘economic’ and the ‘social’, thereby creating obstacles for public authorities and their social agenda.'
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spelling doaj.art-ff2846361d9541d38425994ef075e7442022-12-21T19:23:12ZengUtrecht University School of LawUtrecht Law Review1871-515X2019-09-01152324610.18352/ulr.509391Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?Anna GerbrandyWillem JanssenLyndsey Thomsin'Since the introduction of the Lisbon Treaty in 2009, public authorities in the European Union (EU) operate within a social market economy. This socioeconomic model inherently contains an initial promise that social objectives – in addition to economic objectives – have an important role to play in creating this context. Whilst aiming to contribute to social objectives and, thus, shape their part of this economy, public authorities are frequently faced with the possibilities and the often emphasised limitations of public economic law, which most prominently includes EU public procurement law, EU state aid law and EU competition law. This contribution considers the legal tensions that can arise when these authorities aim to pursue social objectives within the remit of these fields of law. Based on the areas of sustainability and employment, it argues that public economic law contains various suitable instruments for the pursuit of these objectives, but also that differences still exist between how a balance is struck between the ‘economic’ and the ‘social’, thereby creating obstacles for public authorities and their social agenda.'https://www.utrechtlawreview.org/articles/509social market economysocial objectiveseconomic objectivessocial deficitpublic procurement lawcompetition lawstate aid law
spellingShingle Anna Gerbrandy
Willem Janssen
Lyndsey Thomsin
Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?
Utrecht Law Review
social market economy
social objectives
economic objectives
social deficit
public procurement law
competition law
state aid law
title Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?
title_full Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?
title_fullStr Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?
title_full_unstemmed Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?
title_short Shaping the Social Market Economy After the Lisbon Treaty: How ‘Social’ is Public Economic Law?
title_sort shaping the social market economy after the lisbon treaty how social is public economic law
topic social market economy
social objectives
economic objectives
social deficit
public procurement law
competition law
state aid law
url https://www.utrechtlawreview.org/articles/509
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AT lyndseythomsin shapingthesocialmarketeconomyafterthelisbontreatyhowsocialispubliceconomiclaw