European Corporatism and Freedom of Association

This paper examines the principle of freedom of association and the threat posed by European corporatism. Although the principle is codified in the EU's Charter of Fundamental Rights, important exceptions are allowed. These can easily encompass a variety of situations. Recent evidence suggests that the EU may be attempting to apply such exceptions as it expands its administrative and bureaucratic apparatus across Europe. Additionally, many European states reflect a hearty embrace of corporatism-the very antithesis of freedom of association-instead of remaining open to the arrangements that produced growth in the first place: voluntary association, labor flexibility, and market forces. This is not because they have been given a mandate by the general will of the people but because corporatism benefits the interlocking interests of Europe's big unions, big industries, big financial institutions, and big employer confederations. Corporatism benefits the few over the many and dampens market competition. But it results in uncompetitive companies and lethargic industries, and leads to fewer individual rights, less entrepreneurial freedom-and a violation of the fundamental principle of freedom of association.