Aanvullende pensioenen in het EU mededingings- en interne marktrecht: Lessen uit de juridische anatomie van de sociale markteconomie

In December 2009, the Treaty of Lisbon introduced a new direction for the EU's economic policies. As Article 3(3) of the Treaty on the European Union defines its objectives as "a highly competitive social market economy," it emphasises the need to reconcile both social and economic values in EU policymaking. However, despite the explicit inclusion of social values in the EU's policy framework, tensions have persisted and the provision's legal value remains unclear. This dissertation aims to make a concrete contribution to this longstanding debate by exploring the interaction between EU economic law and social policy in the sphere of supplementary pensions. In the first part, the analysis applies the different fields of EU competition law to supplementary pension policies. It first examines the (in)significance of the competitive process in supplementary pensions, and delves into the notions of 'undertaking' and 'economic activity' in relation to the different actors involved in the pension formation process. The legal classification of social security schemes and collective bargaining is scrutinised in detail. Next, the research assesses the implications of the prohibition on restrictive agreements and concerted practices, as well as the prohibition on abuse of dominance in relation to compulsory membership and the role of pension institutions within these systems. Finally, this first part investigates the extent to which EU State aid law regulates Member States' financial intervention in the sphere of supplementary pensions. Throughout the different sections, the regime for services of general economic interest (Article 106 TFEU) is addressed as a legal balancing exercise between social policy goals and EU competition law. Secondly, the thesis analyses the co-existence of the free provision of services (and, ancillary, the free movement of capital) with various supplementary pension policies, both from a perspective of positive and negative integration. In particular, the second part carries out an account of the free movement implications for systems of compulsory membership, procurement of pension schemes and the resulting transparency obligations for social partners and public authorities. In a final part, the thesis returns to its initial observation, examining the various theories on the EU Social Market Economy, and their legal value and weaknesses. Building on its findings in the context of supplementary pensions, the dissertation proposes both substantive and institutional approaches to defining the EU Social Market Economy as a legal concept, intended to balance the economic and social dimensions, as well as European and national interests.