The Lisbon Treaty and Social Europe

Abstract

This article deals with the future of Social Europe, focusing in particular on the changes that the Lisbon Treaty proposes. It compares the legal position of the EU Charter of Fundamental Rights in the now defunct Constitutional Treaty vis-à-vis the still uncertain Treaty of Lisbon, to conclude that although the Treaty of Lisbon enhances the legal status of the EU Charter, it actually diminishes the legal status of the fundamental rights it includes. It also presents other social provisions contained in the Lisbon Treaty taken over from the failed Constitution to be more cosmetic than substantial. Finally, it reflects on the ECJ interpretation of the Treaty’s provisions in the controversial Laval and Viking cases, which considers to be a threat to the entire acquis communautaire social.