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Title
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The role of EU law in contributing to the Union’s policy objective of combating poverty and social exclusion
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Author
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Abstract
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| Anti-poverty strategies have been part of the EU agenda for decades. Perhaps most saliently, a decade ago Member States pledged to lift 20 million people out of poverty over the course of the next ten years. By 2020, having lifted ‘only’ 3.1 million people out of poverty, the results of what was once conceived as a major breakthrough for social Europe, remain underwhelming. Beyond policy strategies, the policy objective to fight poverty and social exclusion is also well-embedded, both in fundamental rights and the objectives of the EU. And yet, the most recent figures show that 113 million people still live at risk of poverty and social exclusion in the EU. For what is considered one of the most progressive societies in the world, this remains unacceptable. This begs the question of whether more, and if so what, can be done at the European level to improve the living standards in the EU. Against this backdrop, this doctoral dissertation looks into the possible role of EU law in contributing to the policy objective of combating poverty and social exclusion. To this end, this dissertation looks into the current social policy context in order to understand its weaknesses and limitations. It follows an extensive analysis of fundamental rights that finds that while there are a number of fundamental rights provisions that entitle individuals to a certain standard of living that corresponds with living a life in dignity, these rights are for the most part not enforceable before a court. It then follows a discussion on the objective to fight poverty and social exclusion as enshrined in the Treaties as well as the competences of the Union to act on this matter. That section concludes by arguing that while the objective is well embedded in EU primary law and the EU has competences (even if limited) to act, these have only marginally been used for this purpose. The dissertation also studies a number of secondary instruments that, even if indirectly, have an impact on poverty and social exclusion. Even when this impact can overall be considered positive (although with some negative effects), the rules examined in the dissertation remain neutral, meaning that they mostly entitle individuals to equal treatment or some procedural safeguards, but that they do not ensure a certain standard of living. Considering the failure of policy instruments alone to combat poverty and social exclusion on the one hand, and the marginal involvement of EU law in spite of its capabilities on the other, the last Chapter of the dissertation discusses the legal, and to a lesser extent political, feasibility of potential instruments of secondary legislation that could more directly implement the policy objective of combating poverty and social exclusion and therefore substantiate the existing fundamental rights in the EU and live up to its objectives and the expectation of truly becoming a social market economy. |
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Language
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English
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Publication
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Antwerp
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University of Antwerp
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2020
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Volume/pages
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460 p.
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Note
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Verschueren, Herwig [Supervisor]
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Cantillon, Bea [Supervisor]
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Full text (publisher's version - intranet only)
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