The CJEU’s Take on the Administration of the EU’s Social Model

Scholars have long debated the nature of the EU’s social model. In my paper, I will argue that the creation of decentralised agencies played a major role in its development. By the time the Union acquired legislative competences in some labour-related fields of social policy, not less than four labour policy-related agencies had already been created: the European Centre for the Development of Vocational Training (Cedefop), the European Foundation for the Improvement of Living and Working Conditions (Eurofound), the European Training Foundations (ETF) and the European Agency for Health and Safety at Work (EU-OSHA). Even though these agencies are mainly equipped with information gathering and coordinating competences, they provided the ground for an emerging EU social model, the strengthening of which is part of the political guidelines of the current European Commission. Some see the European social model as a buzzword that is often used to advocate for the legitimacy of the Union - a Union that works not only for the economy but also for the people. In my paper, I aim to explore the accountability mechanisms that the agency-based social model comprises. For that purpose, I will have a closer look at the above-mentioned agencies (Cedefop, Eurofound, ETF and EU-OSHA) as well as the more recently created European Labour Authority (ELA). My paper will explore, by means of legal analysis, the requirements on transparency and stakeholder involvement that the legal bases of these agencies prescribe. It seeks to clarify to what extent the Court of Justice of the European Union (CJEU) ensures the enforcement of such requirements. To find out the answer to the latter question, I will conduct a keyword search in the CJEU’s database. Considering that the agencies created in the fields of labour and social policy largely lack competence to issue legally binding decisions, I will discuss the CJEU’s capacity to review coordination procedures and acts of soft law. Thereby I will point to the limitations of the Court to ensure legal accountability in the area of social policy related EU administration.