Securing decent incomes at a crossroads: On the legal feasibility of a Framework Directive on Minimum Income

Abstract

In spite of having been an alleged priority for the EU and the Member States over the last ten years, the number of people in situations of poverty and social exclusion remains unacceptably high. As the Covid-19 crisis unfolds, the EU is left at a crossroads that will likely be determinant for its future. This contribution explores the possibility of taking the solidarity route at this crossroads by activating the social competences in the form of a Framework Directive on Minimum Income. To this end, this contribution first discusses the context of this proposal and the importance of minimum income schemes in improving the living standards of the population. From there, it explores the possibilities for legal action under the current Treaty framework. It then emphasizes the importance of choosing adequate methodologies in such an instrument when aiming to secure adequate incomes to live a life in dignity in any given Member State. It is argued that this is equally important to comply with the principles of subsidiarity and proportionality. Ultimately, the EU will have to bet on its social dimension to remain true to its raison-d’être of becoming a social market economy.