Social mainstreaming through the European pillar of social rights: Shielding ‘the social’ from ‘the economic’ in EU policymaking
| Date | 01 December 2018 |
| DOI | 10.1177/1388262718820616 |
| Published date | 01 December 2018 |
| Author | Ane Aranguiz |
| Subject Matter | Articles |
Article
Social mainstreaming through
the European pillar of social
rights: Shielding ‘the social’
from ‘the economic’ in EU
policymaking
Ane Aranguiz
University of Antwerp, Antwerp, Belgium
Abstract
Implementing fiscal consolidation measures without first considering social stabilisers has led to
turn what originally was an economic recession into a social crisis too. The economic and social
divergences in Europe have increased to a point where the future of the social dimension of the EU
has been put into question. There is however, a provision in the Treaties that obliges the EU to
take into account social issues in all its policies and activities, namely, the so-called horizontal social
clause enshrined in Article 9 TFEU. The potential of this clause to mainstream the social dimension
of the EU and foster balance between social and economic policies has, however, not yet been
untapped. The recently launched European Pillar of Social Rights (EPSR), which aims at achieving a
highly competitive social market economy, brings to the table a number of rights-based objectives
along with a number of indicators that might shed some light over the constraints faced by the
horizontal social clause. This article aims at unravelling the potential of the horizontal social clause
in envisioning parity between the social and the economic and providing a social pillar to the EU.
This contribution provides first a legal analysis of Article 9 TFEU and it briefly discusses the
problematic behind its poor implementation. Later, the potential of the horizontal social clause is
discussed in the light of the current developments in the framework of economic governance. This
article also suggests a number of scenarios where social mainstreaming should be duly imple-
mented. It suggests that Article 9 TFEU may have an important role, in particular, with regard to
austerity measures when envisioning it together with the EPSR.
Keywords
horizontal social clause, EU Law, European Pillar of Social Rights, Social Scoreboard, governance,
social rights
Corresponding author:
Ane Aranguiz, Faculty of Law, University of Antwerp, Venusstraat 23, 2000, Antwerp, Belgium.
E-mail: ane.fernandezdearanguiz@uantwerpen.be
European Journal of Social Security
2018, Vol. 20(4) 341–363
ªThe Author(s) 2019
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DOI: 10.1177/1388262718820616
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Introduction
For the last decade, the asymmetries of the EU between the internal market, macroeconomic and
fiscal objectives on the one hand and the social sphere on the other, have put the social dimension
of the EU under attack to a point where long-standing discontent and euro-scepticism have
increased exponentially with regard to the added value offered by the EU.
1
There are imbalances
deriving from the fact that the EU internal market’ s supremacy has subjected national social
systems to a subordinate positions. This position is worsened due to the weakness of the EU’s
current social protection, where the EU has traditionally had limited competences competences as
opposed to the wide competences enjoyed with regard to the internal market. Simultaneously, there
are the imbalances between the monetary and economic governance of the EU and its social
objectives. As a result of the sovereign debt crisis, many Member States have had to implement
austerity measures leading to the deregulation of their social protection systems and weaker
protection of domestic labour systems. Put differently, the implementation of fiscal consolidation
measures regardless of due social stabilisers has transformed what was originally an economic
recession into a social crisis as well.
2
As stressed by the European Economic and Social Committee
(EESC) ‘the imbalance between enhancing economic integration in the Single Market and further
expanding the social dimension of the EU must be overcome’.
3
There is in addition a somewhat paradoxical trend with regard to social policy. On the one hand,
an EU social dimension is seen by many as needed for the sustainability of the EU as a whole.
4
On
the other, any attempt to act in the social field by the EU has been seen as an attack on national
welfare systems, at least by a number of Member States.
5
This pulling towards two different steers
has led to a fragmented and incomplete legal framework that remains to a large extent, subordi-
nated to market constraints.
6
Under Article 9 TFEU, the Treaty of Lisbon introduced the so-called horizontal social clause
which, in principle, should act as a balancing instrument. The horizontal social clause establishes
an obligation on European institutions to take into account social issues in all their policies and
activities. Thus, it touches upon a highly important question when discussing the social dimension
of the EU: While it does not constitute a new conferral of competences, Article 9 TFEU provides a
procedural safeguard to mainstream the (existing) social dimension across the whole policy spec-
trum and therefore has the potential to balance those policy areas that jeopardise the EU social
acquis. Yet, the potential of this clause has largely been ignored.
7
Also with the intention of rebalancing the social and economic dimensions of the EU (or at
least the EMU), the Commission launched the long-awaited European Pillar of Social Rights
(EPSR). This article looks into the possibility of the horizontal social clause and the EPSR
1. Barnard (2000); FitzGibbon, Leruth and Startin (2017); Garben (2017); Scharpf (2010);Vandenbroucke (2017).
2. Ferrera (2012); Leczykiewicz, (2014); Vandenbroucke with Vanhercke (2014); Vandenbroucke, Barnard and De Baere
(note 1: 15); Vanhercke, Sabato and Bouget (2017); European Commission (2017b).
3. Opinion of the EESC 2012/C 24/06 on ‘Strengthening EU cohesion and EU social policy coordination through the new
horizontal social clause in Article 9 TFEU’ (own initiative opinion), [2012] OJ C24/29, s. 4.2. (Strengthening EU
cohesion Opinion).
4. Leczykiewicz (note 2: 307); Rasnaˇca (2017b); Roy (2018); European Commission (2017a).
5. Lamping (2010: 46).
6. Giubboni (2015).
7. European Parliament Resolution of 20 November 2012, Towards a genuine Economic and Employment Union, 2012/
2151 (INI).
342 European Journal of Social Security 20(4)
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