The notion of a Social Market Economy arguably describes the ideal balance between the Market and the Social as well as other societal aspects. The research project thus aims to shed light on what the EU Social Market Economy actually is, should be or, respectively, what we should understand it to be.
Last Update: 17.08.23
The European Union has ever since pursued economic and social objectives. Likewise, to foster European integration, the Union’s emphasis has ever since been on economic means. A fact which is, arguably, owed to the difficulties in finding political consensus with respect to a uniform social policy agenda and a lack of the respective EU competences in this context. However, undoubtedly, the social aspects have gained in importance over the years. Moreover, with the Treaty of Lisbon, the notion of a social market economy has found its way into the EU Treaties (Art 3(3) TEU). Having said this, the meaning of the notion of a social market economy, having been coined in a nation-state context (i.e. post Second World War Germany), is not necessarily adequate for the broader European context. Moreover, Müller-Armack (who first referred to or ‘invented’ the notion of a social market economy) himself recognised the need to reconsider the economic order in the European context and did not bar his idea of a social market economy from being appropriate in this context either. Today, the notion of a social market economy arguably seems to capture a vast variety of diverging ideas aiming to provide for an ideal balance between the market and social aspects, such as social integration and security (captured and referred to as ‘the Social’ in the following). However, this is not contrary to the flexible and dynamic nature of the notion of a social market economy as socio-political guiding principle (Leitbild), being capable of overcoming not only social and market-economic conflicts, but however, more fundamental controversies too, such as for example environmental issues or challenges imposed by the change of our societies and market realities due to digitisation.
Against this backdrop, the research project aims to shed light on what the EU Social Market Economy actually is, should be or, respectively, what we should understand it to be. As the notion arguably describes the ideal balance between the Market and the Social it shall be used as a benchmark to critically analyse such balance within the case-law of the EU courts; as it is the latter who actually fill abstract concepts and legal notions with life. Moreover, the impact the challenges of the 21st century have on our understanding of the EU Social Market Economy and on our view on the ideal balance between the Market and other, diverging aspects (i.e. the Social as well as, for example, environmental issues etc) will also be taken into account.
III.1 Verwirklichung und Perspektiven des europäischen Binnenmarktes
