Social Rights in the European Union after the Lisbon Treaty

Emina Hasanagić

The author in this paper analyzes development of social rights within the European Union, with special reference to the changes in this area after the entry into force of the Lisbon Treaty. At the beginning of the process of European integration, social policy and thus social rights were marginalized, in such a way that the basic motives for the creation of the European Union were economic and political, while social rights were only slightly covered by the founding treaties, and almost predominantly remained within the competence of Member States. The situation, with the later development of integration processes, gradually changed, in the direction of wider regulation of social rights at the level of the European Union. In the context of social rights, social policy is very important, and it is only in the last two decades of the development of European integration processes that social policy become public policy. Social policy is one of the national public policies under the influence of the European legislator, in a way that the European Union by adopting regulations (hard law and soft law) in the field of social policy influences on the creation of national social policies of Member States, because their policies must be adjusted to the regulations, that is to the standards and principles of the European Union. Social policy is in the shared competence of the European Union and Member States, for the aspects set out in the Treaty on the Functioning of the European Union. Some important areas of social policy are excluded from the competences of the European Union. The Lisbon Treaty has made a great contribution to the development of social policy and social rights at the level of the European Union, by regulating some important aspects of establishment and development of social rights.