Future of Europe to meet European Council

We are approaching the moment of truth. Let us wait for the “Leaders’ Agenda” president Donald Tusk is going to present to the European Council (EUCO), before we definitively state that the EU27 heads of state or government have become impetus takers, instead of impetus providers, as they imagined in Article 15(1) TEU. But the years since the Lisbon Treaty entered into force have revealed the limitations of an intergovernmental EU, while the world has become even more challenging.

The novelty is that there is an ongoing future of Europe debate. Clearer views about the need for capability and democracy have reached EU institutions, with reform winds in the European Parliament, the European Commission and even parts of the European Council.

 

European Parliament

In the aftermath of the UK’s Brexit referendum, the European Parliament adopted a 28 June 2016 resolution on the need for a better European Union, based on using the Lisbon Treaty to the full and completed by a revision of the Treaties. On 16 February 2017 the Parliament elaborated on the theme through three resolutions: one on utilising the flexibilities of the Lisbon Treaty, a second on treaty reform proper, and a third one about creating a budgetary capacity for the euro area (EPRS note).

The one plus three European Parliament resolutions are P8_TA(2016)0294, followed by P8_TA(2017)0049, P8_TA(2017)0048 and P8_TA(2017)0050.  

Juncker Commission

The president of the European Commission Jean-Claude Juncker used his State of the Union 2017 (SOTEU) address SPEECH/17/3165 to outline proposals for the near future (draft Commission Work Programme for 2018), as well as more long-term initiatives  to make the EU more capable, by using the flexibilities of the EU treaties. (The State of the Union 2017 web page offers a convenient brochure and other references for those interested.)

Well before the SOTEU speech, starting 1 March 2017, the Juncker Commission launched a public debate on the future of Europe. First came the White Paper:

White Paper on the Future of Europe: Reflections and scenarios for the EU27 by 2025; Brussels, 1.3.2017 COM(2017) 2025 final

The White Paper contained analysis and five imaginary scenarios based on conflicting ambitions for the future of the European project. The White Paper promised to deliver further food for thought and debate (page 18):

The European Commission will contribute to that discussion in the months ahead with a series of reflection papers on the following topics:

• developing the social dimension of Europe;

• deepening the Economic and Monetary Union, on the basis of the Five Presidents' Report of June 2015;

• harnessing globalisation;

• the future of Europe’s defence;

• the future of EU finances.

Known as Reflection papers and stimulating public discussion beyond the Rome Declaration from the EU27 leaders, the five documents are:

Reflection paper on the social dimension of Europe; Brussels, 26.4.2017 COM(2017) 206 final

Reflection paper on harnessing globalisation; Brussels, 10.5.2017 COM(2017) 240 final

Reflection paper on the deepening of the economic and monetary union; Brussels, 31.5.2017 COM(2017) 291 final

Reflection paper on the future of European defence; Brussels, 7.6.2017 COM(2017) 315 final

Reflection paper on the future of EU finances; Brussels, 28.6.2017 COM(2017) 358 final  

Because I have used references to the austere but readable Eur-Lex versions, I owe a mention to those who prefer the pastel coloured “printed” versions of the Commission’s White Paper and Reflection papers (including the annexes) that they can be found through the web page White paper on the future of Europe and the way forward.  

Twitter reflects at least parts of the multilingual pan-European public debate under the hashtag #FutureOfEurope.

President Macron

On 26 September 2017 the Sorbonne speech of the president of France Emmanuel Macron was an eloquent call for European sovereignty in a challenging, even dangerous world. The president sprinkled his speech with examples of reforms to make the European Union more capable and resilient.

President Macron has told the public that France is going to recognise the symbols of the European Union at the EUCO meeting next week. This probably means a notification to join the declaration 52 by 16 EU member states annexed to the treaties. This would be an opportunity for ten remaining EU27 to follow suit. You find the declaration on page 355 of the consolidated EU Treaties (2016).

New interventions and discussion regardings Macron’s EU reform ideas may appear under the Twitter hashtag #InitiativeEurope.

European Economic and Social Committee

The consultative European Economic and Social Committee (EESC) has taken initial steps in the discussion about the future of Europe, by adopting a preliminary resolution on 5 July 2017 and by publishing a compilation of national consultations of organized civil society on the White Paper on the Future of Europe (216 pages). The EESC is preparing an opinion.

Committee of the Regions

According to president Karl-Heinz Lambertz, the consultative European Committee of the Regions (CoR) is preparing an opinion on the future of Europe to be delivered next year (page 8).

Ralf Grahn

EESC on open internet and net neutrality in EU

On 26 October 2011 the advisory body, the European Economic and Social Committee (EESC), adopted an opinion on the communication from the Commission to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions – The open internet and net neutrality in Europe COM(2011) 222 final.

Differing from the EU institutions (Commission, later Parliament and Council), the EESC was prepared to advance more decisively and rapidly, recommending that the principles of an open internet and net neutrality should be formally enshrined in EU law as soon as possible.

According to the EESC, the definition of the principles should contain at least the following elements:

i. Freedom and quality of Internet access

The European Commission should agree a common EU standard on "minimum quality of service" according to the principles of general interest, and should ensure that there is effective monitoring of its application.

ii. Non-discrimination between Internet traffic streams

As a general rule, no differentiation be made between the way in which each individual data stream is treated, whether according to the type of content, the service, application, device or the address of the streams origin or destination. This applies to all points along the network, including interconnection points.

There may be exceptions to this principle, provided they comply with the guidelines set out in proposed recommendation no. iii.

iii. Supervising Internet traffic management mechanisms

Marking exceptions to the principles stated in proposals nos. i and ii, and to limit any possible deviations from these, when ISPs do employ traffic management mechanisms for ensuring the quality of access to the Internet, that they comply with the general principles of relevance, proportionality, efficiency, non discrimination between parties and transparency.

iv. Managed services

To maintain the capacity of all players' to innovate, electronic communications operators must be able to market "managed services" alongside Internet access, , provided that the managed service does not degrade the quality of Internet access below a certain satisfactory level, and that vendors act in accordance with existing competition laws and sector-specific regulation.

v. Increased transparency with respect to end users and a defined set of standardised information

There should be clear, precise and relevant information on the services and applications that can be accessed through ISPs: their quality of service, their possible limitations, and any traffic management practices. The EC should guarantee transparency for consumers, including clear information on terms and conditions, the right to use any lawful application and the means of switching providers. The EC should promote more dialogue and effective co-regulatory mechanisms between industry and the national regulators, under the auspices of the EC, in order to agree on EU-wide transparency principles and a set of standardised information.

Ralf Grahn

European Economic and Social Committee Opinions

The (European) Economic and Social Committee consists of representatives of organised civil society, and it must be consulted by the Council or by the Commission where the Treaty establishing the European Community (TEC) so provides.

The EESC (or ESC) may be consulted in other cases, as well as by the European Parliament. The EESC may issue opinions on its own initiative.

The relevant treaty provisions on this advisory body are Articles 257 to 267 TEC (in the Treaty of Lisbon Articles 300 to 304 of the Treaty on the Functioning of the European Union; TFEU).


Opinions

As with the Committee of the Regions, the opinion of the Economic and Social Committee is a mandatory requirement for Community legislation, when provided by the TEC, and the opinion is mentioned in the Preamble of the act.

For a student or researcher digging deeper into a Community act, the opinion is an essential reference.

The Official Journal of the European Union (OJEU) is the prime source for official materials on the European Union.

Far from the hectic pace of public information on the web and daily news reporting, the opinions of the European Economic and Social Committee are published in the OJEU with some delay.

The latest example is today’s OJEU 30.4.2009 C 100, where you find the opinions of the European Economic and Social Committee of the 448th plenary session held on 21 to 23 October 2008.






In other words, official publication takes place about six months after the session. Luckily, you can search the opinions by later sessions on the EESC web page Opinion Search.




Ralf Grahn

European Union: Organised civil society programme

The advisory European Economic and Social Committee (EESC) consists of representatives of organised civil society, and the provisions are found in Articles 257 to 262 of the Treaty establishing the European Community (TEC).


The EESC (or ESC) has adopted and launched A Programme for Europe: proposals of civil society.



On 40 pages the organised interest groups of European society have defined their views on the economic recovery and the upcoming European elections.

The EESC hopes to contribute to the development of an inclusive and mutually supportive European model, which must lead to stronger coordination between economic and political rules based on cooperation and integration strategies.



Participatory democracy

The EESC sees participatory dialogue as a complement to representative democracy. The Committee – not surprisingly – emphasises the role of representative civil society, and it proposes an institutional platform for civil dialogue as a contribution to its development.

The EESC does not propose reforms with regard to EU level representative democracy.



Ralf Grahn

EU social policy: Community action

Social policies essentially fall under the competence of EU member states, but the Commission encourages cooperation and facilitates coordination in all social policy fields.

Studies, opinions and consultations offer the Commission scope for action. The Treaty of Lisbon adds elements of the open method of coordination at treaty level by adding guidelines, indicators, best practices, monitoring and evaluations as new catchwords.

The Lisbon Treaty promises to fight exclusion of the European Parliament by keeping it ‘fully informed’.

The member states have underlined the complementary nature of EU level action, excluding harmonisation of national systems.

EU-OSHA in Bilbao, Cedefop in Thessaloniki, Eurofound in Dublin and the ETF in Turin assist the European Community (European Union) as Community agencies.




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Social policy objectives

As a reminder, the social policy objectives mentioned in Article 136 TEC (ex Article 117), in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/103, form the background for European Community action in the area of social policy:

– promotion of employment

– improved and harmonised living and working conditions

– social protection

– dialogue between management and labour

– development of human resources

– combating exclusion.

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Article 140 TEC

Article 140 (ex Article 118c) of the Treaty establishing the European Community (TEC) refers to the social policy objectives (above).

The role of the European Community (Commission) supports the intergovernmental level by encouraging cooperation and facilitating coordination of member states’ action.

The listed fields cover practically the whole social policy area, although the fields are mentioned by way of examples.

Studies, opinions and consultations are mentioned as Commission activities.

Besides problems at national level, international organisations are mentioned. These could be the Council of Europe, the OECD and ILO.

The Economic and Social Committee (ESC) is to be consulted on opinions.

The current Article 139 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/109–110:

Article 140 TEC

With a view to achieving the objectives of Article 136 and without prejudice to the other provisions of this Treaty, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:

— employment,

— labour law and working conditions,

— basic and advanced vocational training,

— social security,

— prevention of occupational accidents and diseases,

— occupational hygiene,

— the right of association and collective bargaining between employers and workers.

To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations.

Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.


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Original Lisbon Treaty (ToL)

Article 2, point 119 of the original Treaty of Lisbon (ToL) amends Article 140 TEC in the following way (OJ 17.12.2007 C 306/82):

119) In Article 140, the following words shall be added at the end of the second subparagraph: ‘, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.’.


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Renumbering ToL

The Table of equivalences of the original Treaty of Lisbon tells us that the social policy title was to be renumbered Title X and that the Article 140 TFEU (ToL) was to be renumbered Article 156 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/216).


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Consolidated Lisbon Treaty

After the horizontal and specific amendments Article 156 of the Treaty on the Functioning of the European Union (TFEU), in the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/116, appears as follows:

(TITLE X
SOCIAL POLICY)

Article 156 TFEU
(ex Article 140 TEC)

With a view to achieving the objectives of Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between the Member States and facilitate the coordination of their action in all social policy fields under this Chapter, particularly in matters relating to:

— employment,

— labour law and working conditions,

— basic and advanced vocational training,

— social security,

— prevention of occupational accidents and diseases,

— occupational hygiene,

— the right of association and collective bargaining between employers and workers.

To this end, the Commission shall act in close contact with Member States by making studies, delivering opinions and arranging consultations both on problems arising at national level and on those of concern to international organisations, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.

Before delivering the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.



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Open method of coordination (OMC)

The open method of coordination was introduced in the Lisbon European Council Conclusions in March 2000 as the means to spreading best practice and achieving greater convergence towards the main EU goals.

For a presentation, read for example the section ‘ The Lisbon Agenda and the open method of co-ordination’ in Paul Craig and Gráinne de Búrca: EU Law – Text, Cases, and Materials (Fourth edition, 2007; Oxford University Press), page 150 to 154.

The European Convention proposed the embodiment of OMC elements at treaty level in the social policy area in Article III-107 of the draft Constitution.

The proposal was adopted in Article III-213 of the Constitutional Treaty, and from there it found its way to the Lisbon Treaty, Article 156 TFEU.

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European Parliament

Coordination and cooperation essentially concern member states’ social policies, which leaves the European Parliament on the sidelines. The reform treaty versions make a modest effort at combating its exclusion.

The draft Constitution Article III-107 proposed, the Constitutional Treaty Article III-213 adopted and the Lisbon Treaty Article 156 TFEU took over the provision that the European Parliament shall be kept fully informed.



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Economic and Social Committee (ESC or EESC)

In Part six of the Treaty on the Functioning of the European Union (TFEU), under Title 1 Institutional provisions, Chapter 3 The Union’s advisory bodies contains provisions on the Economic and Social Committee (ESC) and the Committee of the Regions (CoR).

Article 300 TFEU is a common basic provision for these advisory bodies (OJ 9.5.2008 C 115/177):

CHAPTER 3
THE UNION'S ADVISORY BODIES

Article 300 TFEU

1. The European Parliament, the Council and the Commission shall be assisted by an Economic and Social Committee and a Committee of the Regions, exercising advisory functions.

2. The Economic and Social Committee shall consist of representatives of organisations of employers, of the employed, and of other parties representative of civil society, notably in socioeconomic, civic, professional and cultural areas.

3. The Committee of the Regions shall consist of representatives of regional and local bodies who either hold a regional or local authority electoral mandate or are politically accountable to an elected assembly.

4. The members of the Economic and Social Committee and of the Committee of the Regions shall not be bound by any mandatory instructions. They shall be completely independent in the performance of their duties, in the Union's general interest.

5. The rules referred to in paragraphs 2 and 3 governing the nature of the composition of the Committees shall be reviewed at regular intervals by the Council to take account of economic, social and demographic developments within the Union. The Council, on a proposal from the Commission, shall adopt decisions to that end.

*

Article 300(2) TFEU shows the corporatist structure of the ESC and its advisory capacity.

Section 1 comprising Articles 301 to 304 TFEU concerns the Economic and Social Committee.

Article 156 TFEU makes consultation of the ESC on Commission opinions a mandatory procedural requirement in the same way as under the current Article 140 TEC.

The Committee itself uses the name European Economic and Social Committee (EESC) and it presents itself as the bridge between Europe and organized civil society:

http://www.eesc.europa.eu/

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Declaration No 31

If there was any lingering doubt as to the limited scope for Commission action under Article 156 TFEU, the member states issued a joint Declaration (No 31) annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Lisbon (OJ 9.5.2008 C 115/348):

31. Declaration on Article 156 of the Treaty on the Functioning of the European Union

The Conference confirms that the policies described in Article 156 fall essentially within the competence of the Member States. Measures to provide encouragement and promote coordination to be taken at Union level in accordance with this Article shall be of a complementary nature. They shall serve to strengthen cooperation between Member States and not to harmonise national systems. The guarantees and practices existing in each Member State as regards the responsibility of the social partners will not be affected.

This Declaration is without prejudice to the provisions of the Treaties conferring competence on the Union, including in social matters.

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Community agencies

A number of Community agencies relevant to the social policy area have been established.


The European Agency for Safety and Health at Work (EU-OSHA), in Bilbao, Spain:

http://europa.eu/agencies/community_agencies/osha/index_en.htm

The European Agency for the Development of Vocational Training (Cedefop), in Thessaloniki, Greece:

http://europa.eu/agencies/community_agencies/cedefop/index_en.htm

The European Foundation for the Improvement of Living and Working Conditions (Eurofound), in Dublin, Ireland:

http://europa.eu/agencies/community_agencies/eurofound/index_en.htm

The European Training Foundation (ETF), in Turin, Italy:

http://europa.eu/agencies/community_agencies/etf/index_en.htm



Ralf Grahn