Европейският социален модел в контекста на дълговата криза в Европейския съюз

Резюме

National austerity measures, adopted as part of the conditionality of the bailout programs agreed with certain EU Member States, posed a serious challenge to the European social model. Even though the Charter of fundamental rights of the EU, with its broad spectre of protected social rights, held the promise of becoming the very constitutional foundation of the European social model, the question of whether the Charter applies at all to the mechanisms put into place in response to the debt crisis, in particular the conditions attached to the bailouts and the ensuing national austerity measures, is particularly convoluted. The many ambiguities surrounding the decision-making in this context, the complex legal framework and the desire to handle these matters outside the scope of EU law as much as possible, undermine not only the rule of law and the democratic legitimacy of these measures, but also the right to effective judicial remedy of the people mostly affected by these measures.