Can We Afford Solidarity? Socio-economic Rights Under EU Law and Their Relationship with the Internal Market Rationale Through an Economic Lens

(Series Information) European Papers - A Journal on Law and Integration, 2025 10(1), 109-135 | Article | (Table of Contents) 1. Introduction. – 2. Setting the scene: internal market and fundamental rights. – 3. Socio-economic rights in EU law: a legal result of a political decision. – 4. Socio-econo...

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Bibliographic Details
Main Author: Pavlína Hubková
Format: Article
Language:English
Published: European Papers (www.europeanpapers.eu) 2025-05-01
Series:European Papers
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Online Access:https://www.europeanpapers.eu/e-journal/can-we-afford-solidarity-socio-economic-rights-under-eu-law-their-relationship-with-internal-market-rationale-through-economic-lens
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Summary:(Series Information) European Papers - A Journal on Law and Integration, 2025 10(1), 109-135 | Article | (Table of Contents) 1. Introduction. – 2. Setting the scene: internal market and fundamental rights. – 3. Socio-economic rights in EU law: a legal result of a political decision. – 4. Socio-economic rights from an economic perspective. – 4.1. Labour rights through an economic lens. – 4.2. Economic conditions for and economic implications of social security rights. – 4.3. The importance of using an economic lens in political decision-making. – 5. Conclusions. | (Abstract) Socio-economic rights have always held a controversial position in EU law. They are often seen as ‘costly’, dependent on the economic performance of Member States, and as a mere corrective measure to potential harmful effects of the internal market. However, looking at these rights through an economic lens reveals that their protection does not necessarily conflict with the internal market rationale. Encompassing both labour rights and social security rights, socio-economic rights both depend on and influence the economic performance of the EU and its Member States. This article thus argues that they should not be perceived as mere tolerable brakes or obstacles to the EU economy, but rather as integral components of it.
ISSN:2499-8249