The Eu Social Market Economy And The Law: Theoretical Perspectives And Practical Challenges For The Eu European Union Social Market Economy And The Law

Investigating the extent to which the European Union can be defined as a "highly competitive social market economy", this edited collection illustrates and tests the constitutional reverberations of Art. 3(3) of the Treaty on the European Union, and discusses its actual and potential transformative effect. In the aftermath of Brexit, and in the 60th anniversary of the Treaty of Rome, the book is particularly timely and topical, offering new and deeper insights on the complex and constantly evolving social dimension of the EU, ultimately reflecting on how the objective of (re)constituting the EU as a "highly competitive social market economy" might best be achieved. Cover 1 Title 4 Copyright 5 Contents 6 Contributors 9 Foreword 11 Acknowledgements 13 Introduction: the social market economy in the European Union. Theoretical perspectives and practical challenges 16 PART I The EU social market economy: theoretical perspectives 30 1 The EU between market state ideals and social market economy objectives: placing the social market economy within the Union’s constitutional history 32 2 The EU transformation of the social state 46 3 Social rights, social market economy and the European social model: tracing conceptual boundaries 66 4 EU citizenship and the social market economy: shifting balances 82 PART II The EU social market economy: practical challenges 100 5 W(h)ither social Europe? Labour rights in a social market economy 102 6 The social dimension of EU public procurement and the ‘social market economy’ 119 7 Social considerations in EU competition law: the protection of competition as a cornerstone of the social market economy 138 8 State aid law in a social market economy 162 9 Services of general economic interest and social considerations 181 10 Social services, services providers and non-economic activities in the realm of the EU social market economy 196 11 Cross-border healthcare and the social market economy 211 12 Social considerations in EU consumer law: the legislator, the court and a rhapsody in blue 228 13 Towards a more socially oriented EU copyright law: a soft paradigm shift after Lisbon? 246 14 The social dimension of EU energy law 267 15 The social dimension of the common commercial policy 287 16 The social dimension of EU investment law and policy 308 Conclusion: taking stock and looking ahead: the future of the ‘social market economy’ in the European Union 325 Index 329 The Eu Between Market State Ideals And Social Market Economy Objectives : Placing The Social Market Economy Within The Union's Constitutional History / Charles Edward O'sullivan -- The Eu Transformation Of The Social State / Marco Dani -- Social Rights, Social Market Economy, And The European Social Model : Tracing Conceptual Boundaries / Stefano Civitarese Matteucci -- Eu Citizenship And The Social Market Economy : Shifting Balances / Giacomo Delledonne -- W(h)ither Social Europe : Labour Rights In A Social Market Economy / Michael Doherty -- The Social Dimension Of Eu Public Procurement And The Social Market Economy / Christopher Bovis -- Social Considerations In Eu Competition Law : The Protection Of Competition As A Cornerstone Of The Social Market Economy / Andreas Heinemann -- State Aid Law In A Social Market Economy / Delia Ferri And Juan Jorge Piernas Lopez -- Services Of General Economic Interest And Social Considerations / Juan Jorge Piernas Lopez -- Social Services, Service Providers, And Non-economic Activities In The Realm Of The Eu Social Market Economy / Silvia Pellizzari -- Cross-border Healthcare And The Social Market Economy / Lucia Busatta And Tamara Hervey -- Social Considerations In Eu Consumer Law : The Legislator, The Court, And A Rhapsody In Blue / Vanessa Mak -- Towards A More Socially Orientated Eu Copyright Law : A Soft Paradigm Shift After Lisbon? / Caterina Sganga -- The Social Dimension Of Eu Energy Law / Gokce Mete And Raphael Heffron -- The Social Dimension Of The Common Commercial Policy / Vivian Kube And Luigi Pedreschi -- The Social Dimension Of Eu Investment Law And Policy / Sondra Faccio. Edited By Delia Ferri And Fulvio Cortese. Includes Bibliographical References And Index. This chapter begins by introducing the architecture of Common Commercial Policy (CCP) competences and the pre-Lisbon relationship between trade and social interests that was based on a different constitutional structure before inclusion of the stated general principles and objectives. It examines the Court of Justice of the EU (CJEU) Opinion 2/15 and proposes three possible options for the relationship between liberalisation of trade and social interests in the CCP. The chapter analyzes the fields of sustainable development and public services. It demonstrates how the EU and its institutions balance and reconcile the tensions which may arise between trade liberalisation and social interests and, consequently, how the constitutional requirements are operationalised. The chapter argues that the EU envisions a liberalisation of trade embedded in and constrained by social interests. The major mechanisms for incorporating social concerns into trade policy choices and into the making of trade agreements are Sustainability Impact Assessments ('SIAs')