In times of the so-called gig economy, access to an adequate level of social protection should not depend on whether or not a person is working on a standard employment contract. Access to social protection for non-standard forms of labour and self-employment is, as a matter of fact, one of the main themes being discussed at the moment within the debates surrounding the European Pillar of Social Rights. This article aims at assessing the recent initiatives at the EU level that have the objective of ensuring access to social protection for all and both granting and enforcing transparent and predictable working conditions for workers. Accordingly, this contribution first sheds some light on the discussion on non-standard forms of labour and the problematics surrounding the emergence of new forms of labour to later analyse the new EU initiatives, in particular, the proposal for a Recommendation on access to social protection for workers and the self-employed. It concludes by welcoming the recent position of the EU with regard to such challenges, yet emphasising also the need to do more.
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 implemented. 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.
In spite of having been an alleged priority for the EU and the Member States over the last ten years, the number of people in situations of poverty and social exclusion remains unacceptably high. As the Covid-19 crisis unfolds, the EU is left at a crossroads that will likely be determinant for its future. This contribution explores the possibility of taking the solidarity route at this crossroads by activating the social competences in the form of a Framework Directive on Minimum Income. To this end, this contribution first discusses the context of this proposal and the importance of minimum income schemes in improving the living standards of the population. From there, it explores the possibilities for legal action under the current Treaty framework. It then emphasizes the importance of choosing adequate methodologies in such an instrument when aiming to secure adequate incomes to live a life in dignity in any given Member State. It is argued that this is equally important to comply with the principles of subsidiarity and proportionality. Ultimately, the EU will have to bet on its social dimension to remain true to its raison-d’être of becoming a social market economy.
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