How do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue

The term ‘social market economy’ was introduced in the Treaty on European Union in order to emphasise that social and economic objectives of the European Union are both important, and have to be reconciled with each other. This contribution describes how social objectives have been developed in EU l...

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Autor principal:	Frans Pennings
Formato:	article
Lenguaje:	EN
Publicado:	Utrecht University School of Law 2019
Materias:	social market economy eu social policy free movement economic freedoms Law in general. Comparative and uniform law. Jurisprudence K1-7720
Acceso en línea:	https://doaj.org/article/65a7f1ec81324712b4d9a16da16f5348
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id	oai:doaj.org-article:65a7f1ec81324712b4d9a16da16f5348
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spelling	oai:doaj.org-article:65a7f1ec81324712b4d9a16da16f53482021-11-08T08:17:04ZHow do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue1871-515X10.18352/ulr.507https://doaj.org/article/65a7f1ec81324712b4d9a16da16f53482019-09-01T00:00:00Zhttps://www.utrechtlawreview.org/articles/507https://doaj.org/toc/1871-515XThe term ‘social market economy’ was introduced in the Treaty on European Union in order to emphasise that social and economic objectives of the European Union are both important, and have to be reconciled with each other. This contribution describes how social objectives have been developed in EU law since the establishment of the European Economic Community. The Court of Justice of the European Union has interpreted Treaty provisions to give them maximum effect for the realization of these objectives. However, tensions with the economic objectives exist when economic freedoms are confronted with social rights. This contribution examines how the CJEU balances these interests, and how this relates to the social market economy. There are also areas where economic rights have no counterpart at the EU level, but where they interact with social policies of Member States. Here too, the concept of social market economy is relevant. After a discussion of these various dimensions of the term social market economy, the subsequent articles of this Special Issue are introduced.Frans PenningsUtrecht University School of Lawarticlesocial market economyeu social policyfree movementeconomic freedomsLaw in general. Comparative and uniform law. JurisprudenceK1-7720ENUtrecht Law Review, Vol 15, Iss 2, Pp 1-15 (2019)
institution	DOAJ
collection	DOAJ
language	EN
topic	social market economy eu social policy free movement economic freedoms Law in general. Comparative and uniform law. Jurisprudence K1-7720
spellingShingle	social market economy eu social policy free movement economic freedoms Law in general. Comparative and uniform law. Jurisprudence K1-7720 Frans Pennings How do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue
description	The term ‘social market economy’ was introduced in the Treaty on European Union in order to emphasise that social and economic objectives of the European Union are both important, and have to be reconciled with each other. This contribution describes how social objectives have been developed in EU law since the establishment of the European Economic Community. The Court of Justice of the European Union has interpreted Treaty provisions to give them maximum effect for the realization of these objectives. However, tensions with the economic objectives exist when economic freedoms are confronted with social rights. This contribution examines how the CJEU balances these interests, and how this relates to the social market economy. There are also areas where economic rights have no counterpart at the EU level, but where they interact with social policies of Member States. Here too, the concept of social market economy is relevant. After a discussion of these various dimensions of the term social market economy, the subsequent articles of this Special Issue are introduced.
format	article
author	Frans Pennings
author_facet	Frans Pennings
author_sort	Frans Pennings
title	How do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue
title_short	How do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue
title_full	How do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue
title_fullStr	How do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue
title_full_unstemmed	How do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue
title_sort	how do social and economic rights relate to each other in the social market economy: an introduction to this special issue
publisher	Utrecht University School of Law
publishDate	2019
url	https://doaj.org/article/65a7f1ec81324712b4d9a16da16f5348
work_keys_str_mv	AT franspennings howdosocialandeconomicrightsrelatetoeachotherinthesocialmarketeconomyanintroductiontothisspecialissue
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How do Social and Economic Rights Relate to Each Other in the Social Market Economy: An Introduction to this Special Issue

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