The Horizontal Social Clause of Art. 9 TFEU and Its Potential to Push the EU towards Social Europe

Abstract

The so-called horizontal social clause contained in Art 9 of the Treaty on the Functioning of the EU obliges EU, already since December 2009, to ensure that in all its activities certain social principles are reflected. Although seven years ago a significant potential was attributed to this new Treaty provision, looking back at the post-Lisbon EU developments, Commission's documents and decisions of the EU Court of Justice, it is clear that the horizontal social clause has not changed the EU at all. The EU is still suffering from the same "social deficit" for which the European left and the unions has been criticizing it in the pre-Lisbon period and which is depriving it of the support of EU citizens. The positive effect of the horizontal social clause on EU policies would therefore require a boosting supplement, e. g. as the one suggested on in the text of this study.

Keywords: Lisbon Treaty, Horizontal Social Clause, European Commission, European Court of Justice, Social and Labour Rights