The Court of Justice and the Demise of the Rule of Law in the EU Economic Governance: The Case of Social Rights

The paper analyses the demise of the Rule of Law in the EU economic governance, after the reforms enacted to respond to the economic crisis that hit the region after 2008. The analysis engages critically with the marginal role played by the Court of Justice in this context and, in particular, when it comes to the protection of social rights in time of austerity. The paper demonstrates that this situation is only partially attributable to “external” constraints, such as the choice to resort to mechanisms that are outside the EU legal order or the strict requirements concerning the locus standi of private applicants that wish to challenge the validity of EU acts. So far, the Court has been unwilling to fully perform its role, even in those cases where it could have done so.