EU Expansion of a Different Kind: From Economics to Welfare
Can the European Union succeed in creating a stronger social identity? This question lies at
the heart of a current project by the Austrian Science Fund (FWF). For an alliance between
nations that was originally conceived purely at the market economy level, this would be a
fundamental step towards political unity. Within the framework of the project, particular
emphasis is currently being focused on investigating the legal scope for action offered by the
Lisbon Treaty in this context.
(firmenpresse) - In its early stages, the European Union was primarily an economic community. Now,
however, its mandate is developing beyond the dimensions of the market economy. The
Lisbon Treaty, which took effect on 1 December 2009, contains new rules for a more
socially oriented Europe: a social clause, a reference to a social market economy and also
a new competence base for the provision of services of general economic interest
(telecoms, energy, transport, etc.). In addition, fundamental social rights are now
safeguarded by the European Charter of Fundamental Rights that has been declared
binding. Overall, these measures could serve as a basis on which to develop a European
(multilevel) welfare system and thus a stronger European social identity.
In her professorial thesis entitled "Social Market Rules for Europe", Dr. Dragana
Damjanovic from the Institute for Austrian and European Public Law at the Vienna
University of Economics and Business analyses how a legal framework for a multilevel
European welfare system could develop on these new basic principles. One of her
hypotheses is oriented towards the EU-wide integration of services of general economic
interest, something of which we all have personal experience through the deregulation of
the telecoms and energy sectors. It assumes that an integration of welfare state sectors at
an EU level might exhibit a similarly-directed form of deregulation – despite the new rules
contained in the Lisbon Treaty for a more social Europe.
In an attempt to answer these questions, Dr. Damjanovic is now investigating specific
sectors of the welfare state – healthcare, health insurance and higher education. Here,
she intends to show the extent to which and the basis on which integration at EU level has
already taken place, as well as how the new social rules in the Lisbon Treaty might impact
these processes of integration.
STATUS QUO VADIS?
Findings to date in the areas she is investigating show that integration at the EU level is
already taking place – despite the member states expressly reserving competence over
these fields for themselves.
On the one hand, EU integration in these areas is based on the EU market rules such as
basic freedoms and competition law and displays a tendency to open up markets – as in
the case of services of economic interest (telecoms, energy, transport, etc.). On the other
hand, the Europeanisation of the member states' welfare systems is built on the rules on
EU citizenship, which have been construed by the European Court of Justice to be a
central element in the future social Europe. These developments are again leading to
greater coordination between the member states' welfare systems at European level. Both
processes have fundamental effects on the member states' sovereignty to establish and
organise their welfare systems.
A FUNDAMENTAL RIGHT TO WELFARE?
Whether and how the new social provisions of the Lisbon Treaty might impact these legal
processes and what that might mean for the establishment of a European welfare system
and a European social identity – these questions will be addressed in the coming stages
of Dr. Damjanovic's work.
It will be particularly interesting to see how the fundamental social rights enshrined in the
Charter will be instrumentalised in this process in future by the European actors. Will the
fundamental social rights become "real rights" (enforceable in courts), or will they just
remain principles?
Just how positive an impact the international harmonisation of differing service sectors can
have at a personal level is something with which Dr. Damjanovic is familiar: before
qualifying for her present sponsorship under the FWF's Elise Richter Programme, she
previously spent time studying in Madrid and earned a doctorate at the University of
Vienna and a Master's degree at Berkeley, California.
Image and text will be available online from Monday, 22nd March 2010, 09.00 a.m. CET
onwards:
http://www.fwf.ac.at/en/public_relations/press/pv201003-en.html
Scientific Contact:
Dr. Dragana Damjanovic
Institut für Österreichisches und Europäisches Öffentliches Recht
Althanstraße 39 - 45
1090 Vienna
Austria
T +43 / 1 / 31336 - 4663
E dragana.damjanovic(at)wu.ac.at
Austrian Science Fund FWF:
Mag. Stefan Bernhardt
Haus der Forschung
Sensengasse 1
1090 Vienna
Austria
T +43 / 1 / 505 67 40 – 8111
E stefan.bernhardt(at)fwf.ac.at
Copy Editing & Distribution:
PR&D – Public Relations für Forschung & Bildung
Campus Vienna Biocenter 2
1030 Vienna
Austria
T +43 / 1 / 505 70 44
E contact(at)prd.at
W http://www.prd.at
Vienna, 22nd March 2010
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Datum: 22.03.2010 - 10:10 Uhr
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