ABSTRACT

The Horizontal Social Clause which, inserted in Title II of the Treaty on the Functioning of the European Union (EU) among the provisions of general application, requires that the objectives of social policy be considered within the framework of other EU policies and actions. The clause thus tends to settle the tension between liberalism and solidarism that has been at the centre of the debate on the nature of European integration since its origins. In defining and implementing its policies and activities, the EU 'shall take into account' the social needs set out in the clause. The legislation is designed to ensure that such products are placed on the market under uniform conditions, ensuring, at the same time a high level of health protection. EU acts referring explicitly to the clause or implicitly to the social interests that it protects are few and far between.