The Treaty, the Economic, and the Social

Craig, Paul

doi:10.1093/acprof:oso/9780199595013.003.0008

The Lisbon Treaty: Law, Politics, and Treaty Reform (1st edn)

Paul Craig

https://doi.org/10.1093/acprof:oso/9780199595013.001.0001

Published online:

22 September 2011

Published in print:

18 November 2010

Online ISBN:

9780191729508

Print ISBN:

9780199595013

- Copyright Page
  - Notes
  - Notes
- Dedication
  - Notes
  - Notes
- List of Abbreviations
  - Notes
  - Notes
- Table of Cases and Legislation
  - Notes
  - Notes
1 Reform, Process, and Architecture
- Notes
- Notes
2 Legislation, Regulation, and Participation
- Notes
- Notes
3 Executive Power, Contestation, and Resolution
- Notes
- Notes
4 Courts, Continuity, and Change
- Notes
- Notes
5 Competence, Categories, and Control
- Notes
- Notes
6 Rights, Legality, and Legitimacy
- Notes
- Notes
7 Legal Acts, Hierarchy, and Simplification
- Notes
- Notes
- 1. EC Treaty 1. EC Treaty
  - (a) Output legitimacy: original intent and subsequent development (a) Output legitimacy: original intent and subsequent development
    - (i) The Treaty framers’, peace, and economic prosperity (i) The Treaty framers’, peace, and economic prosperity
    - (ii) The Rome Treaty, the economic, and the social (ii) The Rome Treaty, the economic, and the social
    - (iii) The Single European Act, tension, and contestation (iii) The Single European Act, tension, and contestation
    - (iv) Maastricht, Amsterdam, the economic, and the social (iv) Maastricht, Amsterdam, the economic, and the social
    - (v) Legislature, courts, the economic, and the social: free movement (v) Legislature, courts, the economic, and the social: free movement
    - (vi) Legislature, courts, the economic, and the social: public undertakings (vi) Legislature, courts, the economic, and the social: public undertakings
    - (vii) Legislature, courts, the economic, and the social: services of general economic interest (vii) Legislature, courts, the economic, and the social: services of general economic interest
    - (viii) Legislature, courts, the economic, and the social: citizenship (viii) Legislature, courts, the economic, and the social: citizenship
  - (b) Input legitimacy: rationales for the shift (b) Input legitimacy: rationales for the shift
    - (i) Community power (i) Community power
    - (ii) Legislative process (ii) Legislative process
    - (iii) Part of the solution, part of the problem (iii) Part of the solution, part of the problem
    - (iv) National democracy, EU democracy (iv) National democracy, EU democracy
- 2. Constitutional Treaty 2. Constitutional Treaty
  - (a) Working Group on Social Europe (a) Working Group on Social Europe
  - (b) Working Group on Economic Governance (b) Working Group on Economic Governance
- 3. Lisbon Treaty: General 3. Lisbon Treaty: General
  - (a) Values and objectives (a) Values and objectives
  - (b) Competence and consequences (b) Competence and consequences
  - (c) Duties and mandatory considerations (c) Duties and mandatory considerations
  - (d) Duties and administrative cooperation (d) Duties and administrative cooperation
- 4. Lisbon Treaty: The Economic 4. Lisbon Treaty: The Economic
  - (a) Continuity (a) Continuity
    - (i) Internal market (i) Internal market
    - (ii) Four freedoms (ii) Four freedoms
    - (iii) Harmonization (iii) Harmonization
    - (iv) Competition and State aid (iv) Competition and State aid
    - (v) Trans-European networks and industry (v) Trans-European networks and industry
  - (b) Change (b) Change
    - (i) EMU (i) EMU
    - (ii) Energy (ii) Energy
    - (iii) Tourism (iii) Tourism
- 5. Lisbon Treaty: The Social 5. Lisbon Treaty: The Social
  - (a) Continuity (a) Continuity
    - (i) Citizenship (i) Citizenship
    - (ii) Employment (ii) Employment
    - (iii) Social policy (iii) Social policy
    - (iv) Education, vocational training, youth, and sport (iv) Education, vocational training, youth, and sport
    - (v) Culture (v) Culture
    - (vi) Public health (vi) Public health
    - (vii) Consumer protection (vii) Consumer protection
    - (viii) Economic, social, and territorial cohesion (viii) Economic, social, and territorial cohesion
    - (ix) Environment (ix) Environment
  - (b) Change (b) Change
    - (i) Citizenship (i) Citizenship
    - (ii) Services of general economic interest (ii) Services of general economic interest
    - (iii) Civil protection (iii) Civil protection
    - (iv) Charter of Rights (iv) Charter of Rights
- 6. Conclusion 6. Conclusion
- Notes
- Notes
9 Freedom, Security, and Justice
- Notes
- Notes
10 External Action, Foreign Policy, and Defence
- Notes
- Notes
11 Enhanced Cooperation, Amendment, and Conclusion
- Notes
- Notes
- Index
  - Notes
  - Notes

Chapter

8 The Treaty, the Economic, and the Social

Get access

https://doi.org/10.1093/acprof:oso/9780199595013.003.0008

Pages

286–330

Published:

November 2010

Abstract

It would clearly be impossible within the scope of this book to examine in detail all the substantive provisions of the Lisbon Treaty. Nor is that the objective. It is nonetheless important to consider the principal changes made to the substance and architecture of what was hitherto the EC Treaty. This chapter approaches the topic through examination of the balance between the economic and the social. It begins by considering the tension and debates about the balance between the economic and the social prior to the Lisbon Treaty, since it is necessary to appreciate the evolution of EU law in this respect. The focus then shifts to consideration of the debates leading to the Constitutional Treaty, and more particularly the input of the Working Groups on Social Europe and Economic Governance. This is followed by analysis of the Lisbon Treaty itself, which is divided into three parts. It begins by examining the foundational precepts in the Lisbon Treaty, the values, objectives, and considerations that are mandated to be taken into account in developing EU policy. Then economic and social provisions of the Lisbon Treaty are considered to see how far they represent continuity with the past, and how far they contain novel elements.

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8 The Treaty, the Economic, and the Social

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