ABSTRACT
This chapter addresses the question of what concept of social rights, suits the idea of 'social market economy' best and particularly whether the 'constitutional' entrenchment of such rights is consequent on the tenets of this idea. It examines the historical development of 'social market economy' as a highly disputed concept, to determine how it can be legally understood and articulated in the context of EU law and practice. The chapter argues that the concept of the 'social market economy' can be more easily reconciled with so-called activation policies and social investment than with universalistic rights-based approaches. It examines the notion of 'social market economy' will be assessed against the EU social acquis to show that it is somewhat inappropriate to rely on the former to expand upon the latter. One might contend—relying on abundant literature—that the social objectives of the EU are placed at the forefront in the Treaties.
