“‘Social Solidarity’: A Buttress Against Internal Market Law?”

Hervey, Tamara K. (1999) “‘Social Solidarity’: A Buttress Against Internal Market Law?”. In: UNSPECIFIED, Pittsburgh, PA. (Unpublished)

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Abstract

The purpose of this paper is to analyse the emergent concept of ‘social solidarity,’ in the context of the jurisprudence of the European Court of Justice and the interplay between national social policy provision and the EU’s internal market and competition law. Recently the Court has begun to deal more explicitly with the potential problems which the supremacy of internal market law, reinforced by individual litigation, may pose for national social welfare systems. The Court has done so through articulating the principle of ‘social solidarity,’ according to which restrictions on internal market law may be justified. The paper will consider whether ‘social solidarity,’ as conceived by the Court, is an effective means of protecting social policy entitlements within the EU’s multi-level system of governance.

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