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Les droits sociaux et le processus de constitutionnalisation de l'Union Européenne

Abstract : The European Economic Constitution can be described as a body of structural principles that govern the economic development of the European Union. One of these principles is the principle of integration. Study of the Economic Constitution brings to light a development, presumably not foreseen by the founding fathers of the Union - the need to formulate a social policy in order to remedy the distortions resulting from the implementation of the Economic Constitution. This process inevitably leads to the emergence of fundamental social rights. The acknowledgement of fundamental social rights, within the context of the Economic Constitution, should not be regarded as the sole responsibility of national lawmakers and legislators who have the power to create derived law but also of judges. The contribution of case law is essential to determining the details of the content, context and the assertation of these social rights on a European scale. The interrelation of fundamental social rights within the process of constitutionalisation of the European Union has, at least since the adoption of the Maastricht Treaty, been political in nature. Study of this process demonstrates the predominant importance of fundamental social rights, as is the case within constitutions of individual states. Although the establishment of social rights as principle elements of the integration process does not allow the term ?constitution? to be employed in its traditional sense, the fact still remains that the community constitution shares some material characteristics with constitutions of individual states. A peculiarity to the process of political constitutionalisation, is that the incorporation of social rights into this process is of crucial importance, even if these rights are not always fully recognised. The result of the recognition of the fundamental social rights is the emergence of social citizenship. The European Union is characterised by the fact that it is a ?political community? made up of states and citizens without the existence of a public space, in the classical sense, nor of a distinct sense of belonging. Social citizenship, as well as the expression of the fundamental economic and social rights of European citizens, contributes to the assertion of a European public space in the making. What is remarkable within this context is that fundamental social rights actively contribute to the achievement of a new form of organisation, beyond that of a nation state or post-nation community. The latter can be regarded as a continuation of Immanuel Kant?s assertion, in so far as the new organisation provides the general framework for transnational rights on a European scale, particularly of fundamental social rights. This process may also lead to a new form of democracy.
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Ismail Hakki Musa. Les droits sociaux et le processus de constitutionnalisation de l'Union Européenne. Droit. Université Nancy 2, 2008. Français. ⟨NNT : 2008NAN20003⟩. ⟨tel-01777304⟩

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