The author would like to thank Akbar Rasulov, Jeff Kenner, Allan Rosas and Tammy Hervey for comments on earlier drafts.

1. It is important to note that the developments in favour of democracy occurred throughout the world and were not limited to Europe, see Huntington, Samuel, The Third Wave: Democratization in the Late Twentieth Century (Norman: University of Oklahoma Press, 1991)Google Scholar; Fox, Gregory & Roth, Brad, “Introduction: The Spread of Liberal Democracy and Its Implications for International Law” in Fox, Gregory & Roth, Brad, eds., Democratic Governance and International Law (Cambridge: Cambridge University Press, 2000) at 1–22 CrossRefGoogle Scholar.

2. The term European Union will be used throughout as a ‘generic’ term encompassing the various institutions and their constituent treaties, see Rosas, Alan, “The European Union and International Dispute Settlement” in Boisson de Chazournes, Laurence, Romano, Cesare & Mackenzie, Ruth, eds., International Organizations and International Dispute Settlement: Trends and Prospects (Ardsley, NY: Transnational Publishers, 2002) at 49 Google Scholar; von Bogdandy, Armin, “Organizational Proliferation and Centralization under the Treaty on European Union” in Blokker, Niels & Schermers, Henry, eds., Proliferation of International Organizations: Legal Issues (The Hague: Kluwer Law International, 2000) at 177–206 Google Scholar. The Draft Treaty establishing a Constitution for Europe has adopted the EU as a single term encompassing the entirety of the organisation, available at http://european-convention.eu.int.

3. Article 6(1) Treaty on European Union, [2002] O.J.C. 325/24 [TEU] sets the requirement of democracy for current members and Article 49 EC states that any European state that respects Article 6(1) TEU may become a member, discussed below.

4. Council of Europe, Statute of the Council of Europe (5 May 1949), ETS No. 1. (entered into force 3 August 1949). Further information about the COE can be found at www.coe.int.

5. Charter of Paris for a New Europe, (adopted 21 November 1991), online: Organization for Security and Co-operation in Europe http://www.osce.org/docs/english/1990-1999/summits/paris90e.htm. Full information about the OSCE can be found at online: Organization for Security and Co-operation in Europe www.osce.org.

6. See Wheatley, Steven, “Democracy in International Law: A European Perspective” (2002) 51 Int’l & Comp. L. Q. 225 Google Scholar.

7. The OSCE has articulated details about the nature of democracy in the Copenhagen Concluding Document of 1990 but this is not a binding treaty, online: Organization for Security and Co-operation in Europe http://www.osce.org/docs/english/hde.htm.

8. For various perspectives see Franck, Thomas “The Emerging Right to Democratic Governance” (1992) 86 Am. J. Int’l Law 46 Google Scholar; Marks, Susan, The Riddle of All Constitutions: International Law, Democracy, and the Critique of Ideology (Oxford; Oxford University Press, 2000)Google Scholar; Fox & Roth, supra note 1; Wheatley, supra note 6.

9. See Marks, ibid; Fox & Roth, supra note 1 at part V.

10. Morison, John & Livingstone, Stephen, Reshaping Public Power: Northern Ireland and the British Constitutional Crisis (London: Sweet & Maxwell, 1995) at 50 Google Scholar.

11. Macpherson, C.B., The Real World of Democracy (Oxford: Clarendon Press, 1966) at 37 Google Scholar.

12. Alter sees the EU experience as an important contribution to the development of international law as it has proven to be a successful international legal system and may provide lessons for wider application, Alter, Karen, Establishing the Supremacy of European Law: The Making of an International Rule of Law in Europe (Oxford: Oxford University Press, 2001) at 1–4 Google Scholar.

13. For example see Held, David, Models of Democracy, 2nd ed. (Cambridge: Polity Press, 1996)Google Scholar.

14. Central to the minimalist view is Schumpeter, Joseph, Capitalism, Socialism and Democracy (London: Allen and Unwin, 1943)Google Scholar. Even though Schumpeter’s views on democracy have not been strictly followed, his conceptual basis continues to have considerable influence, see D.Ricci, , “Democracy Attenuated: Schumpeter, the Process Theory, and American Democratic Thought” (1970) 32 J. Pol. 239 Google Scholar; Macpherson, C.B., The Life and Times of Liberal Democracy (Oxford: Oxford University Press, 1977) at 77–78 Google Scholar. In the context of international law see Burchill, Richard, “The Developing International Law of Democracy” (2001) 64 Mod. L. Rev. 123 Google Scholar.

15. Even if one disregards the social aspects of democracy, elections alone do not guarantee effective democracy in the civil and political sphere, see Zakaria, Fareed, “The Rise of Illiberal Democracies” (1997) 76:6 Foreign Aff 22 Google Scholar.

16. Vienna Declaration and Programme of Action, UN GAOR, 1993, UN Doc. A/CONF.157/23 at para. 8. Similar wording is used in Common Article 1 of the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, but the wording in Article 1 is in relation to the process of self-determination and no specific mention is made to democracy even though the two are closely related, see the statements of the United Nations Human Rights Committee in The Rights of Self-Determination of Peoples, Article 1, CCPR General Comment 12, UN CCPROR, 21st Sess., (1984).

17. Ways and Means of Overcoming Obstacles to the Establishment of a Democratic Society and Requirements for the Maintenance of Democracy, Commission on Human Rights, Res. 1995/60, UN ESCOR, 59th Sess., E/CN.4/RES/1995/60 (1995).

18. Marks, supra note 8 at 109.

19. Macpherson, C.B., Democratic Theory: Essays in Retrieval (Oxford: Clarendon Press, 1973) at 51 Google Scholar.

20. See Pierson, Christopher, Hard Choices: Social Democracy in the 21st Century (Cambridge: Polity Press, 2001)Google Scholar.

21. Ibid. at 55.

22. Ibid. at 2.

23. Ibid. at 35; Przeworski, Adam, Capitalism and Social Democracy (Cambridge: Cambridge University Press, 1985)CrossRefGoogle Scholar at ch. 1; Ewing, K.D., “Democratic Socialism and Labour Law” (1995) 24 Indust. L. J. 103 at 105–06 Google Scholar.

24. See Pierson, supra note 20 at 55 compares the UK, Sweden and Australia, noting that some critics would argue that only Sweden was a social democratic system, but demonstrating that all three have a commitment to the social dimension. See also, Eley, Geoff, Forging Democracy: The History of the Left in Europe, 1850-2000 (Oxford: Oxford University Press 2002)Google Scholar; Fabre, Cécile, Social Rights Under the Constitution: Government and the Decent Life (Oxford: Clarendon Press, 2000) at 186–87 CrossRefGoogle Scholar, et passim.

25. See Bieler, Andreas, “What Future Union? The Struggle for Social Europe” (2003) Queen’s Papers on Europeanization No. 1/2003 Google Scholar, online: Queens University Belfast http://www.qub.ac. uk/ies/onlinepapers/poe.html.

26. Scharpf, Fritz “The European Social Model: Coping with the Challenges of Diversity” (2002) 40 J. Common Market Stud. 645 at 648 Google Scholar.

27. The EU and COE were founded in the 1950s and membership at the time only included Western European states, with the exclusion of Spain, Portugal and Greece while they were under authoritarian governments. The OSCE included both Western European states and the former communist states but was not initiated until the 1970s.

28. Eley demonstrates that the socialist tradition in Europe is the foundation for the development of democracy in Europe, , supra note 24 at 3–15 Google Scholar.

29. Article 3 of the COE Statute establishes the criteria for membership stating that all members ‘must accept the principles of the rule of law and the enjoyment of all person within its jurisdiction of human rights and fundamental freedoms’. This has been interpreted to included elections at reasonable intervals with secret ballot and universal suffrage, sovereign parliaments and free political parties, see Council of Europe, P.A. 35th Ordinary Sess. (Second Part), Principles of Democracy, RES 800, 1983, online: Council of Europe: Parliamentary Assembly http://assembly coe.int/. Failure to adhere to these principles and practices may lead to suspension and possibly revocation of membership as set out in Article 8 of the COE Statute.

30. See Mowbray, Alastair, “The Role of the European Court of Human Rights in the Promotion of Democracy” (1999) Pub. L. 703–25 Google Scholar.

31. Marks, Susan, “The European Convention on Human Rights and Its ‘Democratic Society’” (1996) 66 Brit. Y.B. Int’l L. 209 at 234 Google Scholar. The ECHR framework does contain provisions covering property rights and education rights that were included in later protocols, demonstrating an extension of the original civil and political agenda.

32. The original European Social Charter (18 October 1961), ETS No. 035 (entered into force 26 February 1965) has been supplemented by a Revised European Social Charter (3 May 1996), ETS No. 163 (entered into force 1 July 1999). The Revised ESC did not replace the original ESC and both treaties remain in force. For further information about the ESC regime, see Harris, David & Darcy, John, The European Social Charter, 2nd ed. (Ardsley, NY: Transnational Publishers, 2001)Google Scholar. ESC will be used throughout in reference to the overall treaty regime.

33. Additional Protocol to the European Social Charter Providing for a System of Collective Complaints (9 November 1995), ETS No. 158 (entered into force 1 July 1998). Under the Protocol certain specified organisations may lodge complaints with the European Committee of Social Rights. The Committee will come to a decision on the merits and the Committee of Ministers for the COE will adopt a resolution asking the State in question to comply with the Committee’s recommendations. For more information see Harris & Darcy, supra note 32.

34. See statements by Josefina Leitao, Maria in The Social Charter for the 21st Century: Colloquy organised by the Secretariat of the Council of Europe (14-16 May 1997) (Strasbourg, France: Council of Europe Publishing, 1998) at 34 Google Scholar [Social Charter for the 21st Century].

35. See original ESC, Article 31 and Revised ESC, Article G (1).

36. Documents concerning the work of the European Social Committee are available at online: Council of Europe: European Committee of Social Rights http://www.coe.int/T/E/Human_ Rights/ESC.

37. On the lack of importance given to socio-economic rights in international law see Craven, Matthew, The International Covenant on Economic, Social, and Cultural Rights: A Perspective on Its Development (Oxford: Clarendon Press, 1995) at 9 Google Scholar.

38. This situation is less striking if the original creation of the ESC is seen only as a response to the ideological divide in Europe after WW II, with the Western European states wanting to demonstrate that capitalist systems had as much concern about socio-economic rights as did Communist states, see O’Higgins, Paul, “The Interaction of the ILO, the Council of Europe and European Union Labour Standards” in Hepple, Bob, ed., Social and Labour Rights in a Global Context: International and Comparative Perspectives (Cambridge: Cambridge University Press, 2002) at 56 Google Scholar.

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40. Przeworski, supra note 23 at 206.

41. For a Europe of Civil and Political Rights, Report by the des Sages, Comite, (March 1996), Foreword Google Scholar and Part I; Ball, Carlos, “The Making of a Transnational Capitalist Society: The Court of Justice, Social Policy and Individual Rights Under the European Community’s Legal Order” (1996) 37 Harv. Int’l L. J. 307 at 309 Google Scholar.

42. Verhoeven, Amaryllis, “How Democratic Need European Union Members Be? Some Thoughts After Amsterdam” (1998) 23 Eur. L. Rev. 217 at 218–19 Google Scholar.

43. Preamble, Treaty Establishing the European Coal and Steel Community, prior to the amendments brought by the Treaty of Amsterdam.

44. Abr. Frowein, Jochen, “The European Community and the Requirement of a Republican Form of Government” (1984) 82 Mich. L. Rev. 1311 at 1312 Google Scholar.

45. Scharpf, supra note 26 at 665Google Scholar, who notes that the same tension exists at the national level. It is often said that the lack of normative standards is due to the level of agreement possible between the participating States and no organisation wishes to require too much from its members. But if it is possible to agree upon high levels of obligations in the economic sphere, it must also be possible in the social sphere.

46. Weiler, J.H.H., The Constitution of Europe: ‘Do the New Clothes Have an Emperor?‘ and Other Essays on European Integration (Cambridge: Cambridge University Press, 1999) at 310–11 Google Scholar.

47. See Peebles, Gustav, “‘A Very Eden of the Innate Rights of Man’? A Marxist Look at the European Union Treaties and Case Law” (1997) 22 L. & Soc. Inquiry 581 at 582 Google Scholar; Ball supra note 41 at 308, and the discussion below.

48. Weiler, J.H.H., “The Transformation of Europe” (1991) 100 Yale L. J. 2403 at 2477–78 Google Scholar.

49. Poiares Maduro, Miguel, “Striking the Elusive Balance between Economic Freedom and Social Rights in the EU” in Alston, Philip, ed., The EU and Human Rights (Oxford: Oxford University Press, 2000) at 449 Google Scholar.

50. Lenaerts, Koen & Foubert, Petra, “Social Rights in the Case-Law of the European Court of Justice The Impact of the Charter on Fundamental Rights of the European Union on Standing Case-Law” (2001) 28 Legal Issues Econ. Integration 267 at 267–68 Google Scholar.

51. EC Bulletin 10-1972 at 15.

52. EC Bulletin 3-1978 at 5.

53. An attempt by the European Parliament to have a democracy requirement for membership added to the treaties failed to materialise, Verhoeven, supra note 42 at 219.

54. See Roquette Freres v. Council, C-138/79, [1980] E.C.R. I-3333 at para. 33, UEAPME v. Council, T-135/96, [1998] E.C.R. II-2335 at paras. 88-89. For a discussion of the UEAPME case and its impact upon the understanding of democracy within the EU, see Bernard, Nick, “Legitimising EU Law: Is the Social Dialogue the Way forward?” in Shaw, Jo, ed., Social Law and Policy in an Evolving European Union (Oxford: Hart Publishing, 2000) at 279 Google Scholar. Also see Verhoeven who believes the ECJ has primarily confined its view of democracy to the minimalist liberal approach, supra note 42 at 226.

55. The unanimity requirement makes it likely this procedure won’t be used. Verhoeven, supra note 42 at 222.

56. Article 7 (3) TEU.

57. In the COE, the Committee of Ministers acts as the executive and in 1994 declared that it has the power to ensure member states conform to their commitments of democracy, see Declaration on Compliance with Commitments Accepted by Member States of the Council of Europe 95th Session of the Committee of Ministers (10 November 1994), reprinted in (1995) 2 Int’l Hum. Rts. Reports 250; Procedure for Implementing the Declaration of 10 November 1994 on Compliance with Commitments Accepted by Member States of the Council of Europe (20 April 1995), reprinted in (1997) 4 Int’l Hum. Rts. Reports 244. At the same time the Parliamentary Assembly of the COE conducts its own monitoring activities on compliance with commitments and appears to be resentful of the Committee’s procedures, see the questions of the Parliamentary Assembly and responses from the Committee of Ministers, reprinted in (1997) 4 Int’l Hum. Rts. Reports at 246-55.

58. Burchill, Richard, “The Promotion and Protection of Democracy by Regional Organizations in Europe: The Case of Austria” (2001) 7 Eur. Pub. L. 79 at 84-85 Google Scholar.

59. It is worth noting that the COE and OSCE did not take any action against Austria, Ibid. 90-97.

60. Craig, Paul & de Búrca, Gráinne, EU Law: Text, Cases and Materials, 3rd ed. (Oxford: Oxford University Press, 2003) at 318 Google Scholar.

61. See Barry Fitzpatrick, “Converse Pyramids and the EU Social Constitution” in Shaw, supra note 54 at 305.

62. But even in these circumstances there is no guarantee that legal standards will be enforced due to sufficient political will, as has been demonstrated by the situation of Russia see Burchill, , supra note 58 at 97–100 Google Scholar.

63. Hervey, Tamara, European Social Law and Policy (Harlow, UK: Longman, 1998) at 2 Google Scholar. Atkinson, Tony, “Social Inclusion and the European Union” (2002) 40 J. Common Market Stud. 625 at 633 Google Scholar.

64. Article 137 EC.

65. See Bernard, in Shaw, , supra note 54 at 291–92 Google Scholar.

66. Hervey, , supra note 63 at 6–12 Google Scholar, 56-63. Scharpf, , supra note 26 at 650–52 Google Scholar; Scharpf feels ‘the present diversity of national social-protection systems and the political salience of these differences make it practically impossible … to agree on common European solutions.’ (Ibid. at 652.)

67. Hervey, supra note 63 at 3.

68. Ibid. at 1.

69. Ibid. at 23; Lenaerts & Foubert, supra note 50 at 268; Szyszczak, Erika, “Social Policy in the Post-Nice Era” in Arnull, Anthony & Wincott, Daniel, eds., Accountability and Legitimacy in the European Union (Oxford: Oxford University Press, 2002) at 330–31 Google Scholar.

70. Lehning, Percy & Weale, Albert, ‘Citizenship, Democracy and Justice in the new Europe’ in Lehning, & Weale, , eds., Citizenship, Democracy and Justice in the New Europe (London: Routledge, 1997) at 2 Google Scholar.

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72. Ibid. at 21.

73. Articles 146-148 EC (creating the European Social Fund and setting out its administration).

74. Articles 149-150 EC (contributing to the development of quality education, Article 149; implementing a vocational training policy, Article 150).

75. Article 152 EC (calling for EU action to complement national policies in public health).

76. Blanpain, Roger, “The European Top in Nice: An Appraisal” in Blanpain, R., ed., Labour Law, Human Rights and Social Justice (The Hague , Netherlands: Kluwer Law International, 2001) at 122 Google Scholar. Wedderburn, Lord, “Common Law, Labour Law, Global Law’ in Hepple, , supra note 38 at 46–47 Google Scholar.

77. See discussion by Hervey, Tammy, “Social Solidarity: A Buttress against Internal Market Law?” in Shaw, , supra note 54 at 31–48 Google Scholar.

78. Fitzpatrick, supra note 61 at 306.

79. Poiares Maduro, Miguel, “Europe’s Social Self: ‘The Sickness unto Death’” in Shaw, , supra note 54 at 328–30 Google Scholar.

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81. Lisbon Summit Conclusions, para. 5, available at online: Council of the European Union: European Council http://ue.eu.int/presid/conclusions.htm.

82. Ibid. at para. 24.

83. COM (2000) 379 final.

84. EC, Scoreboard on Implementing the Social Policy Agenda, COM (2003) 57 final at 26. See also Lothar Funk, “Protecting Fundamental Rights and Social Rights: An Economic Analysis” in Arnull & Wincott, supra note 69 at 308.

85. EC, European Social Agenda, [2001] O.J. C. 157/4.

86. Ibid. at para. 23.

87. See Hervey, supra note 63 at 3-4, 6; Jo Shaw, “Introduction” in Shaw, supra note 54 at 4. But see Hepple, Bob, “Social Values and European Law” (1995) 48:2 Current L. Prob. 39 at 45 Google Scholar who warns that linking social policy to the market may undermine developments in social justice at the national level.

88. Bernard in Shaw, supra note 54 at 292.

89. See Rosas, Allan, “Economic, Social and Cultural Rights in the External Relations of the European Union” in Eide, Asbjorn, Krause, Catarina & Rosas, Allan, eds., Economic, Social and Cultural Rights: A Textbook, 2nd ed. (Dordrecht Netherlands: Martinus Nijhoff Publishers, 2001) at 482–83 Google Scholar. Manfred Weiss believes that the reference to the two charters is ‘merely referring to the underlying values of those charters in an unspecific way’, and this is demonstrated by the lack of authority the EU possesses due to Article 137 EC, “The Politics of the EU Charter of Fundamental Rights” in Hepple, , supra note 38 at 74–75 Google Scholar.

90. Fitzpatrick, in Shaw, , supra note 61 at 310, n. 46 Google Scholar, notes that in every constitution of a COE member civil and political rights are placed before socio-economic rights.

91. Fitzpatrick feels the treaty was ‘deliberately silent’; on many of the core issues of social rights as included in the ESC and ICESCR, Ibid. at 308.

92. Philip Alston & J.H.H. Weiler, “An ‘Ever Closer Union’ in Need of a Human Rights Policy: The European Union and Human Rights” in Alston, supra note 49 at 31.

93. Maduro in Shaw, supra note 80 at 338 believes ‘social rights have always appeared to assume a secondary position’ in the catalogue of fundamental rights by the ECJ, generation confusion on their status and giving im Pression they are secondary to economic objectives. Also Ball, supra note 41 at 315. It could be argued that social rights could be read into the principles enunciated in Article 6 TEU, but this would mean overlooking the language of the treaties and the wording of Article 6 connecting fundamental rights with the ECHR.

94. Weatherill, Stephen, Cases and Materials on EC Law, 4th ed. (London: Blackstone Press, 1998) at 64 Google Scholar. There are conflicting views on the treatment of rights by the ECJ compare Coppel, Jason & O’Neill, Aidan, “The European Court of Justice: Taking Rights Seriously?” (1992) 29 Common Market L. Rev. 669 Google Scholar with Weiler, J.H.H. & Lockhart, N., ‘“Taking Rights Seriously”: The European Court and its Fundamental Rights Jurisprudence’ (1995) 32 Common Market L. Rev. 54 Google Scholar and 579.

95. Report of the European Commission, “The Protection of Fundamental Rights as Community Law is Created and Developed” (4 February 1976) paras. 29-31.

96. O’Higgins, , supra note 38 at 60–61 Google Scholar.

97. Hepple, supra note 38 at 42; Douglas-Scott, Sionaidh, Constitutional Law of the European Union (London: Longman, 2002) at 487 Google Scholar.

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99. See Lenaerts & Foubert, supra note 50 and the cases discussed therein.

100. Ibid. at 272. Also Giesen, Richard, ‘Posting: Social Protection of Workers vs. Fundamental Freedoms?’ (2003) 40 Common Market L. Rev. 143 at 158 Google Scholar.

101. See Deutsche Telekom v. Schroder, C-50/99, [2000] E.C.R. I-743 at paras. 55-57; Case C-85/96 Maria Martinez Sala v. Freistaat Bayern, C-85/96, [1998] E.C.R. I-2079. Commentators have noted that since the ECJ has no direct mandate for the protection of social rights there is a legitimacy crisis which must be addressed, see Weiss, Manfred, “Cumulative Objectives of Fundamental Rights’ Protection in the European Union” in Betten, Lammy & Mac Devitt, Delma, eds., The Protection of Fundamental Social Rights in the European Union (The Hague, Netherlands: Kluwer Law International, 1996) at 34 Google Scholar.

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103. For example, Article 34 (2) reads ‘everyone residing and moving legally within the EU is entitled to social security benefits and social advantages ….’ Also Gijzen, Marianne, “The Charter: A Milestone for Social Protection in Europe?” (2001) 8 Maastricht J. Eur. & Comp. L. 33 at 38 Google Scholar.

104. There is less protection given to worker’s rights under the Charter than already exist in the ESC, ibid. at 40-41.

105. Article 34 (3) of the Charter.

106. Gijzen notes that the wording relation to the elderly and disabled is significant for it does not create positive obligations, supra note 103 at 40.

107. Weiss, , supra note 101 at 33–34 Google Scholar.

108. See Fabre, supra note 24.

109. In the prior enlargements there was no specific requirement for democracy, Sadurski, Wojciech, “Charter and Enlargement” (2002) 8 Eur. L. J. 340 at 343 Google Scholar. However there did exist the assumption that states such as Portugal and Spain would not be able to join until they became democracies, see George, Stephen & Bache, Ian, Politics in the European Union (Oxford: Oxford University Press, 2001) at 203 Google Scholar. Hillion, Christophe, “The Enlargement of the European Union: A Legal Analysis” in Arnull, & Wincott, , supra note 69 at 408–12 Google Scholar explains that the accession criteria this time around has been applied more strictly and in a more demanding way as the applicant countries have had to adopt fully a range of requirements before being admitted, even areas which are constantly transforming.

110. Article 49 TEU.

111. EC, Towards the Enlarged Union: Strategy Paper and Report of the European Commission on the Progress Towards Accession by Each of the Candidate Countries (SEC (2002) 1400-1412), COM (2002) 700 at 13-14.

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113. EC, Agenda 2000: The Challenge of Enlargement, COM/97/2000 final at 40. See also the European Commission’s “Opinion on Slovakia’s Application for Membership of the EU” Bulletin of the EU Supplement 9/97 at 20.

114. Sadurski explains that the early co-operation agreements between the EU and the applicant states ‘had much more to do with the promotion of free-market ideals than of human rights and constitutionalism’ supra note 109 at 343. The demands of democracy and rights placed on new members did not include a strong place for socio-economic rights, Brandtner, Barbara & Rosas, Allan, “Human Rights and the External Relations of the European Community: An Analysis of Doctrine and Practice” (1998) Eur. J. Int’l Law 468 at 486–87 Google Scholar.

115. For both applicants and current members states economic considerations which are at the heart of the integration project, such as those required by the Euro, will have a substantive impact on the social provisions.

116. Moed, Marikje, “Editorial: The Social Dimension of the Enlargement of the European Union” (1998) 5 Maastricht J. Eur. & Comp. L. 107 Google Scholar.

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121. See statement by Leurecht, in The Social Charter for the 21st Century, supra note 34 at 20 Google Scholar.

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