Taking stock of individual power resources in European Union law: The blurry lines between adaptable and malleable social rights

Abstract

The highly fragmented, layered and complex regulatory policy framework of the European Union hides a wealth of resources for social Europe. This article aims at exploring the social opportunities offered in this intricate legal framework on the basis of the resource-based understanding identified in the first contribution of this Special Issue by Corti, Ferrera and Keune. Accordingly, it pinpoints and discusses several guaranteed subjective powers to obtain certain social benefits or services in each of the pre-identified tripod of power resources: normative, instrumental and enforcement power resources. The analysis contradicts, to some extent, the negligible role attributed to EU law in terms of social rights. Overall, it finds that there exist abundant power resources at the EU level. Whereas these certainly add to the plethora of resources available to reach a certain standard of living, this abundancy is paired with a heightened complexity. Consequently, it is not always clear how the power resources interact among each other. Moreover, there is a disproportionate use of the tripod. Binding normative resources are used rather marginally in comparison to instrumental and enforcement resources, which is not necessarily a consequence of the lack of competence at the EU level.