The EU’s Economic Constitution under the Lisbon Treaty: Soul-Searching Shifts the Focus to Procedure
Constanze Semmelmann
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fulltext etc.
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no fulltext attached
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abstract
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The debate on the economic orientation of the European Union (EU)
can be traced back to the negotiations of the Treaty of Rome.
Increasingly, scholars and recent case law start from the assumption
that market goals and social policy goals are on a par. A slight
tendency in favour of the market has recently emerged, apparently
linked to the disparities in working conditions between the old and
new Member States following enlargement. Working from the
proposition that these two goals enjoy equal status as expressly
stated by the European Court of Justice (ECJ) under the Nice Treaty,
this contribution analyses the consequences resulting from the
plurality of goals under the Lisbon Treaty. I will argue that the
market goals and social policy goals continue to enjoy equal status
with the entry into force of the Lisbon Treaty, though the social
element will be made more visible and bring about new challenges
connected to the public-private divide and the notion of rights and
principles. Against this backdrop, I contend that the major future
challenges will be situated at the institutional, methodological and
procedural level. Two aspects will be singled out in this regard: on
the one hand, the increase in legal sources for social policy and
economic goals calls for rules strengthening the coherence and
consistency of provisions that implement both goals. On the other,
the theoretical foundations of balancing mechanisms and of judicial
reasoning will have to be refined with a view to distinguishing
technical choices from value judgments.
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type
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journal paper
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keywords
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EU economic constitution, value conflicts, proceduralisation, Lisbon Treaty, social policy, fundamental rights, public-private distinction, proportionality, judicial reasoning, interpretation
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language
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English
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kind of paper
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journal article
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date of appearance
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1-8-2010
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journal
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European Law Review
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publisher
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Sweet & Maxwell
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ISSN
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0307-5400
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volume of journal
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35
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number of issue
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4
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page(s)
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516
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review
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blind review
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citation
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Semmelmann, C. (2010). The EU’s Economic Constitution under the
Lisbon Treaty: Soul-Searching Shifts the Focus to Procedure.
European Law Review, 35(4), 516.
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