The horizontal social clause in a legal dimension

This contribution aims at analyzing how the “EU social integration clause”, encapsulated in Article 9 TFEU, works in infusing social values into other policies. Even at first reading, it is apparent that it is not a new competence but rather an attempt at regrouping and coordinating the exercise of a number of other autonomous policies, which therefore maintain their own nature and scope. The fact remains that, while the EU must take into account social objectives in the conduct of the other policies, it is more doubtful that it could adopt normative acts inspired by purely social aims, not adequately supported by the specific aims assigned by the ad hoc legal basis. In particular, this paper intends to assesses the interaction between economic objectives and social aims enshrined in the pertinent normative acts. This purpose is fulfilled by using twofold criteria: first of all, the test balance used by the EU legislator; second, the one used by the ECJ. The outcome of this dual examination should permit to better define the nature and the scope of the social clause.