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FREE LAW JOURNAL - VOLUME 1, NUMBER 1 (18 JULY 2005)
the Title on solidarity of the Charter of Fundamental Rights: social security and social assistance is
provided for in Article II-94 and health care in Article II-95. The entitlement to social security benefits
and social services 89 are recognised and respected and the right to social and housing assistance so as to
ensure a decent existence for all those who lack sufficient resources is guaranteed by Article II-94, in
accordance with the rules laid down by Union law and national laws and practices. Decent existence is to
be interpreted in the frame of combating social exclusion and poverty. 90 On the one hand, Article II-95 of
the Charter on health care defines the fundamental right of access to preventive health care and medical
treatment, to which everyone is entitled under the conditions established by national laws and practices.
On the other hand, it provides for ensuring a high level of human health protection by the Union and the
Member States as that must be guaranteed in the definition and implementation of all Union policies and
activities.
Environmental protection defined as an essential element of social market economy is also provided for
by the Charter as the Union’s compulsory task – integrated into the policy concerning the high level of
environmental protection and the improvement of the quality of the environment and ensured in
accordance with the principle of sustainable development. 91
* * *
Assuming the adoption of the economic constitution and of the above described conception of social
market economy and the ratification of the TCE, as a brief summary it can be claimed that the Union’s
economic constitution has an impact on the economic constitutions of the Member States. This impact,
however, is mutual as is justified by the cited economic provisions of the new constitutions. Due to this
interrelationship and to the fact that the economic constitution of the EU cannot be regarded as neutral, the
theory of the neutrality of the economic policy of the constitution cannot be held for long either. If the
Union and its Member States want to stay within the frames of the (TCE and national) constitutions and
intend to act as democratic states, then their task is nothing else but to maintain social market economy –
preferably within the theoretical frames – in other words to make fundamental rights prevail and to utilise
the flexibility of the system in the course of developing economic policy. This must go on until a more
efficient conception is developed – one which offers more appropriate conditions for realising
fundamental rights. The amendment of the wording of the constitutions might follow from this, which
might impose new limits and meaning on the economic constitution.
due to their freedom nature – they cannot be interpreted as social rights. Likewise, neither can cultural rights be included in the
group of social rights.
88 Naturally, the classification applied in the Charter uses a method different from the above, the application of which follows a
certain logic which cannot be objected. On a different analysis of the social provisions of the Charter see Katrougalos: The
„Economic Constitution” of the European Union … pp 20-24. The author classifies the social rights into three groups: a) the
rights of special groups of the population (II-84, II-92, II-85, II-86, II-93), b) right to engage in work and related rights (II-75,
II-92, II-91) and c) right to have access to social services (II-74, II-94, II-95, II-96, II-94).
89 Article II-94 (2) Everyone residing and moving legally within the European Union is entitled to social security benefits and
social advantages in accordance with Union law and national laws and practices.
90 Article II-94 (3)
91 Article II-97.
DR. TÍMEA DRINÓCZI - SOME ELEMENTS OF THE ECONOMIC CONSTITUTION OF THE EU: SOCIAL MARKET ECONOMY AND RELEVANT FUNDAMENTAL RIGHTS 79