by Zane Rasnača
Today on 17 November 2017 the European Parliament, the Council and the European Commission will proclaim the European Pillar of Social Rights (EPSR). Accused of going much too far by some and for falling disappointingly short by others the EPSR has caused a stir. This turmoil, however, has mainly been political, and the EPSR has received comparatively little attention from EU lawyers. Probably duly so because the EPSR, despite its political salience, is a soft law instrument without legally binding force and such instruments are rarely noticed.
Here, however, I argue that while its overall impact on the EU acquis in all likeliness will be underwhelming, the EPSR nevertheless deserves a closer look, especially when the context of the initiative and the CJEU’s case law on similar soft law measures are considered. A closer look also allows one to find at least some hope concerning its enforceability. The future of the EPSR depends largely on how it will be treated by the stakeholders, and here the judicial arenas should be activated if there is no meaningful enforcement actions following from the EU political actors and the member states. Continue reading