A Complex Balancing Act: Enforcing Social Rights in Post-Crisis Europe

European integration has been shaped by recurrent crisis and revival. Since 2008, the European Union, its Member States and citizens have been in the throes of a major financial, economic, social and political crisis. The COVID-19 global threat plunged Europe into a profound multidimensional crisis touching on the Union’s raison d’être. Their impacts are still being felt. The European Pillar of Social Rights (EPSR) was one of the most emblematic initiatives of the Juncker Commission. The Pillar aimed to serve as a ‘guide’ towards efficient employment and social outcomes, and ensuring better social rights’ enactment and implementation. Both the Pillar’s non-binding nature and content of principles and rights raise major issues regarding effective enforcement of EU law and policy. The Pillar’s implementation involves both EU law and soft governance mechanisms, financial tools and social dialogue as part of a complex, multilevel, heterogeneous enforcement regime, in which the European Semester plays a central role. Important changes were made to an exceptional 2021 European Semester in connection with the Recovery and Resilience Facility. In addition, the 2021 Action Plan on the EPSR Implementation was meant to fill a gap and raised high expectations by proposing ambitious headline targets for the Union to reach in 2030. Further to the Porto Social Summit and the joint Porto Social Commitment of 7–8 May 2021, the European Council welcomed those targets, in line with the Porto Declaration on social affairs. Meanwhile, the Pillar has already entered the realm of the Court of Justice. This paper aims to take stock of the Pillar’s implementation and monitoring, by providing a critical review of the main outputs and outcomes thus far. Prospects for judicial enforcement are also explored in connection with the multilevel system for the protection of fundamental rights in the EU.