The European Community (European Union) implements a vocational training policy, which supports and supplements the action of the member states.
***
Article 150 TEC
Chapter 3 Education, vocational training and youth continues with Article 150 TEC (ex Article 127) setting out European Community (European Union) aims and activities concerning vocational training.
The attentive reader may have noticed that the Community contributes to the development of quality education in the preceding Article 149 TEC, whereas the treaty mentions a vocational training policy in Article 150 TEC.
In the field of vocational training, the aims are closely related to the original aims of the Treaty establishing the European Community (EEC), including the European Social Fund (ESF), but the difference compared to education is more of a nuance than a reality.
The vocational training activities are still to support and to supplement member states’ actions, and their responsibility is emphasised.
The current Article 150 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/113:
(CHAPTER 3
EDUCATION, VOCATIONAL TRAINING AND YOUTH)
Article 150 TEC
1. The Community shall implement a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training.
2. Community action shall aim to:
— facilitate adaptation to industrial changes, in particular through vocational training and retraining,
— improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market,
— facilitate access to vocational training and encourage mobility of instructors and trainees and particularly young people,
— stimulate cooperation on training between educational or training establishments and firms,
— develop exchanges of information and experience on issues common to the training systems of the Member States.
3. The Community and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of vocational training.
4. The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt measures to contribute to the achievement of the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States.
***
Original Lisbon Treaty (ToL)
Although the Treaty of Lisbon is unreadable on its own, it spells out how the current treaties are amended.
Article 2, point 125 of the original Treaty of Lisbon (ToL) adds recommendations to the policy instruments in the field of vocational training, with the following specific amendment (OJ 17.12.2007 C 306/82):
125) In Article 150(4), the following words shall be added at the end: ‘, and the Council, on a
proposal from the Commission, shall adopt recommendations’.
The horizontal amendments replace ‘Community’ by ‘Union’ and the ‘procedure referred to in Article 251’ (cooperation procedure) is replaced by the more readable ‘ordinary legislative procedure’.
***
Renumbering ToL
The Table of equivalences of the original Treaty of Lisbon tells us that the Chapter 3 on education, vocational training and youth was first to become Title XI Education, vocational training, youth and sport, but renumbered Title XII in the consolidated version.
Article 150 TEC first became Article 150 TFEU (ToL), then renumbered Article 166 TFEU in the consolidated versions of the amending treaties (OJ 17.12.2007 C 306/217).
***
Lisbon Treaty consolidated
After the explicit amendment, horizontal amendments and renumbering, Article 166 of the Treaty on the Functioning of the European Union (TFEU) appears as follows in the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/121:
(TITLE XII
EDUCATION, VOCATIONAL TRAINING, YOUTH AND SPORT)
Article 166 TFEU
(ex Article 150 TEC)
1. The Union shall implement a vocational training policy which shall support and supplement the action of the Member States, while fully respecting the responsibility of the Member States for the content and organisation of vocational training.
2. Union action shall aim to:
— facilitate adaptation to industrial changes, in particular through vocational training and retraining,
— improve initial and continuing vocational training in order to facilitate vocational integration and reintegration into the labour market,
— facilitate access to vocational training and encourage mobility of instructors and trainees and particularly young people,
— stimulate cooperation on training between educational or training establishments and firms,
— develop exchanges of information and experience on issues common to the training systems of the Member States.
3. The Union and the Member States shall foster cooperation with third countries and the competent international organisations in the sphere of vocational training.
4. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the Committee of the Regions, shall adopt measures to contribute to the achievement of the objectives referred to in this Article, excluding any harmonisation of the laws and regulations of the Member States, and the Council, on a proposal from the Commission, shall adopt recommendations.
***
EU competence
Having looked at the powers of the European Union in the field of vocational training as set out by the Treaty of Lisbon, it might be helpful to recall the general TFEU provisions on categories and areas of Union competence.
Article 2 TFEU presents the main characteristics of exclusive competence and shared competence before the description in Article 2(5) TFEU:
5. In certain areas and under the conditions laid down in the Treaties, the Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States, without thereby superseding their competence in these areas.
Legally binding acts of the Union adopted on the basis of the provisions of the Treaties relating to these areas shall not entail harmonisation of Member States' laws or regulations.
***
Article 6 TFEU
The policy areas are then formed into rough groups in the following Articles. Here we are interested in Article 6 TFEU. Education, vocational training, youth and sport are mentioned among the areas, where the EU supports, coordinates or supplements member states’ actions:
Article 6 TFEU
The Union shall have competence to carry out actions to support, coordinate or supplement the
actions of the Member States. The areas of such action shall, at European level, be:
(a) protection and improvement of human health;
(b) industry;
(c) culture;
(d) tourism;
(e) education, vocational training, youth and sport;
(f) civil protection;
(g) administrative cooperation.
***
Summary of legislation: Education and training
On the Commission’s Scadplus web pages with summaries of legislation, there is one offering a plethora of links to different aspects of Education and training: General framework:
http://europa.eu/scadplus/leg/en/s19004.htm
News and links
General Commission news and links concerning education and training can be found here:
http://ec.europa.eu/education/index_en.htm
***
Lifelong learning
Lifelong learning and the Lisbon Strategy for Growth and Jobs are common catchwords. The Lifelong learning programme 2007–2013 incorporates many of the best known activities of the European Union, such as the Comenius, Erasmus, Leonardo da Vinci, Grundtvig and Jean Monnet programmes as well as a transversal programme.
***
Leonardo da Vinci
Of these programmes, Leonardo da Vinci addresses vocational education and training. Additional information about the Leonardo da Vinci programme can be found through this web page:
http://ec.europa.eu/education/lifelong-learning-programme/doc82_en.htm
A page dedicated to Vocational education and training (VET) can be found here:
http://ec.europa.eu/education/lifelong-learning-policy/doc60_en.htm
Ralf Grahn
Showing posts with label Lifelong Learning Programme. Show all posts
Showing posts with label Lifelong Learning Programme. Show all posts
Tuesday, 16 December 2008
Wednesday, 2 April 2008
EU TFEU: Exchange of young workers
Free movement of workers within the European Community (European Union) includes the idea to promote the mobility of young workers. We look at how this idea is expressed in the EU Treaty of Lisbon.
With 23 different treaty languages, we look at some questions concerning translation of both treaties and other texts within the context of the European Union.
Finally, we are left wondering if the provision we are about to discuss has been left hanging in the air, because the actions seem to be carried out in another context.
***
Article 41 of the Treaty establishing the European Community (TEC) is one of the provisions bypassed silently by the intergovernmental conference in the Treaty of Lisbon (ToL). Cf. OJ 17.12.2007 C 306/54.
We turn to the latest consolidated version of the treaties, TEU and TEC, in OJ 29.12.2006 C 321 E/58 for the current Article:
Article 41 TEC
Member States shall, within the framework of a joint programme, encourage the exchange of young workers.
***
There are no express amendments, and there seem to be no horizontal amendments to take into account either (cf. OJ 17.12.2007 C 306/41-44). We add the location of the provision and the future renumbering with the help of the annexed Tables of equivalences referred to in Article 5 of the Treaty of Lisbon (OJ 17.12.2007 C 306/207-208) to arrive at the Article according to the Treaty on the Functioning of the European Union (TFEU):
Part Three ‘Policies and internal actions of the Union’
Title III (renumbered Title IV) ‘Free movement of persons, services and capital’
Chapter 1 ‘Workers’
Article 41 TFEU (ToL), renumbered Article 47 TFEU
Member States shall, within the framework of a joint programme, encourage the exchange of young workers.
***
There was no change of wording in the English language version of Article III-20 of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/31).
In English, Article III-135 of the Treaty establishing a Constitution for Europe was unchanged, too (OJ 16.12.2004 C 310/60).
***
Translation
Translating is a necessary activity within the European Community (European Union), and dealing with translated texts is unavoidable if Community legislation and other written information is part of your work or studies.
Just as an illustration of the complexity with several treaty languages (now 23), I offer you two examples I stumbled upon while looking at this provision, as well as an added comparison.
***
Spanish
Article 41 “TEC”
Artículo 41
Los Estados miembros facilitarán, en el marco de un programa común, el intercambio de trabajadores jóvenes.
Article III-20 “Draft Treaty”
Artículo III-20
Los Estados miembros facilitarán, en el marco de un programa común, el intercambio de trabajadores jóvenes.
Article III-135 “Constitution”
Artículo III-135
Los Estados miembros propiciarán, en el marco de un programa común, el intercambio de trabajadores jóvenes.
“ToL TFEU”
Silence
We notice that nothing is said in the Lisbon Treaty, so its wording is the same as the current TEC. Still, between the draft Constitution and the Constitutional Treaty ‘facilitarán’ became ‘propiciarán’ before reverting to the existing wording. In other words, during the IGC 2004 someone made a decision to express the meaning by a different word.
***
German
Article 41 “TEC”
Artikel 41
Die Mitgliedstaaten fördern den Austausch junger Arbeitskräfte im Rahmen eines gemeinsamen Programms.
Article III-20 ”Draft Treaty”
Artikel III-20
Die Mitgliedstaaten fördern den Austausch junger Arbeitnehmer im Rahmen eines gemeinsamen Programms.
Article III-135 “Constitution”
Artikel III-135
Die Mitgliedstaaten fördern den Austausch junger Arbeitnehmer im Rahmen eines gemeinsamen Programms.
“ToL TFEU”
Silence
‘Of young workers’ is rendered as ‘junger Arbeitskräfte’ in the current TEC and the coming Lisbon Treaty, but both the draft Constitution and the Constitutional Treaty used the expression ‘junger Arbeitnehmer’, which could have a more restrictive meaning.
***
French
Article 41 “TEC”
Article 41
Les États membres favorisent, dans le cadre d’un programme commun, l’échange de jeunes travailleurs.
Article III-20 “Draft Treaty”
Article III-20
Les États membres favorisent, dans le cadre d'un programme commun, l'échange de jeunes travailleurs.
Article III-135 “Constitution”
Article III-135
Les États membres favorisent, dans le cadre d'un programme commun, l'échange de jeunes travailleurs.
“ToL TFEU”
Silence
In the French version neither the verb ‘favorisent’ nor the ‘jeunes travailleurs’ have changed along the way. Earlier we saw that the English version remained the same throughout.
***
There are certainly people more competent than I am to discuss the difficulties of presenting the intended meaning in different languages, but I mention a few questions for thought and comment:
We have noted that the French and English language versions have remained unchanged, but how well do ‘favorisent’ and ‘encourage’ express the same meaning?
How much should be read into a change of expression, like ‘propiciarán’ instead of ‘facilitarán’ or ‘junger Arbeitnehmer’ instead of ‘junger Arbeitskräfte’, in isolation from other (unchanged) language versions?
If in doubt, should other language versions be consulted?
If each treaty language is equally authentic, which of them should be compared if you want to get the exact meaning?
If the treaties – arguably the most important documents of the European Union – are given meticulous care, how much more differences are there in day to day texts, say press releases from the European Parliament?
***
The discussion above was academic in the sense that the current and the coming treaty provisions remain the same in the four languages mentioned. Insofar as they express the same meaning now, they will continue to do so.
***
Back to the contents of the Article.
Article 41 TFEU (ToL), renumbered Article 47 TFEU, is interesting in that it does not clearly address the question who should carry on the joint programme. Is it intended to be an activity of the European Community (European Union), or does it invite the governments of the member states to agree on and administer such a programme separately?
The second observation is that currently there seems to be no specific programme based on this Article, especially if by ‘young workers’ one means people employed (‘Arbeitnehmer’).
Within the context of vocational training there have been Leonardo da Vinci programmes, with the current one as one of four sectoral programmes under the heading of the Lifelong Learning Programme 2007 – 2013:
http://ec.europa.eu/education/programmes/newprog/index_en.html
Decision No. 1720/2006/EC of the European Parliament and the Council of 15 November 2006, establishing an action programme in the field of lifelong learning (OJ 24.11.2006 L 327/45) does not mention Article 41 TEC as a legal basis.
Article 3 of the Decision mentions the sectoral sub-programmes, including the Leonardo da Vinci programme:
Article 3
Sub-programmes
1. The sectoral sub-programmes shall be the following:
---
(c) the Leonardo da Vinci programme, which shall address the teaching and learning needs of all those in vocational education and training, other than at tertiary level, as well as the institutions and organisations providing or facilitating such education and training;
---
Chapter III of the Decision (Articles 24 to 27) deals with access to, objectives and actions of as well as amounts allocated to the Leonardo da Vinci programme. The programme is aimed at, among others, people learning in all forms of vocational training and training (except at tertiary level) and people in the labour market. One of the objectives is to enhance the attractiveness of vocational education and training and mobility for employers and individuals and to facilitate the mobility of working trainees. An operational objective is to increase placements in enterprises to at least 80000 per year by the end of the Lifelong Learning Programme.
Ralf Grahn
With 23 different treaty languages, we look at some questions concerning translation of both treaties and other texts within the context of the European Union.
Finally, we are left wondering if the provision we are about to discuss has been left hanging in the air, because the actions seem to be carried out in another context.
***
Article 41 of the Treaty establishing the European Community (TEC) is one of the provisions bypassed silently by the intergovernmental conference in the Treaty of Lisbon (ToL). Cf. OJ 17.12.2007 C 306/54.
We turn to the latest consolidated version of the treaties, TEU and TEC, in OJ 29.12.2006 C 321 E/58 for the current Article:
Article 41 TEC
Member States shall, within the framework of a joint programme, encourage the exchange of young workers.
***
There are no express amendments, and there seem to be no horizontal amendments to take into account either (cf. OJ 17.12.2007 C 306/41-44). We add the location of the provision and the future renumbering with the help of the annexed Tables of equivalences referred to in Article 5 of the Treaty of Lisbon (OJ 17.12.2007 C 306/207-208) to arrive at the Article according to the Treaty on the Functioning of the European Union (TFEU):
Part Three ‘Policies and internal actions of the Union’
Title III (renumbered Title IV) ‘Free movement of persons, services and capital’
Chapter 1 ‘Workers’
Article 41 TFEU (ToL), renumbered Article 47 TFEU
Member States shall, within the framework of a joint programme, encourage the exchange of young workers.
***
There was no change of wording in the English language version of Article III-20 of the draft Treaty establishing a Constitution for Europe (OJ 18.7.2003 C 169/31).
In English, Article III-135 of the Treaty establishing a Constitution for Europe was unchanged, too (OJ 16.12.2004 C 310/60).
***
Translation
Translating is a necessary activity within the European Community (European Union), and dealing with translated texts is unavoidable if Community legislation and other written information is part of your work or studies.
Just as an illustration of the complexity with several treaty languages (now 23), I offer you two examples I stumbled upon while looking at this provision, as well as an added comparison.
***
Spanish
Article 41 “TEC”
Artículo 41
Los Estados miembros facilitarán, en el marco de un programa común, el intercambio de trabajadores jóvenes.
Article III-20 “Draft Treaty”
Artículo III-20
Los Estados miembros facilitarán, en el marco de un programa común, el intercambio de trabajadores jóvenes.
Article III-135 “Constitution”
Artículo III-135
Los Estados miembros propiciarán, en el marco de un programa común, el intercambio de trabajadores jóvenes.
“ToL TFEU”
Silence
We notice that nothing is said in the Lisbon Treaty, so its wording is the same as the current TEC. Still, between the draft Constitution and the Constitutional Treaty ‘facilitarán’ became ‘propiciarán’ before reverting to the existing wording. In other words, during the IGC 2004 someone made a decision to express the meaning by a different word.
***
German
Article 41 “TEC”
Artikel 41
Die Mitgliedstaaten fördern den Austausch junger Arbeitskräfte im Rahmen eines gemeinsamen Programms.
Article III-20 ”Draft Treaty”
Artikel III-20
Die Mitgliedstaaten fördern den Austausch junger Arbeitnehmer im Rahmen eines gemeinsamen Programms.
Article III-135 “Constitution”
Artikel III-135
Die Mitgliedstaaten fördern den Austausch junger Arbeitnehmer im Rahmen eines gemeinsamen Programms.
“ToL TFEU”
Silence
‘Of young workers’ is rendered as ‘junger Arbeitskräfte’ in the current TEC and the coming Lisbon Treaty, but both the draft Constitution and the Constitutional Treaty used the expression ‘junger Arbeitnehmer’, which could have a more restrictive meaning.
***
French
Article 41 “TEC”
Article 41
Les États membres favorisent, dans le cadre d’un programme commun, l’échange de jeunes travailleurs.
Article III-20 “Draft Treaty”
Article III-20
Les États membres favorisent, dans le cadre d'un programme commun, l'échange de jeunes travailleurs.
Article III-135 “Constitution”
Article III-135
Les États membres favorisent, dans le cadre d'un programme commun, l'échange de jeunes travailleurs.
“ToL TFEU”
Silence
In the French version neither the verb ‘favorisent’ nor the ‘jeunes travailleurs’ have changed along the way. Earlier we saw that the English version remained the same throughout.
***
There are certainly people more competent than I am to discuss the difficulties of presenting the intended meaning in different languages, but I mention a few questions for thought and comment:
We have noted that the French and English language versions have remained unchanged, but how well do ‘favorisent’ and ‘encourage’ express the same meaning?
How much should be read into a change of expression, like ‘propiciarán’ instead of ‘facilitarán’ or ‘junger Arbeitnehmer’ instead of ‘junger Arbeitskräfte’, in isolation from other (unchanged) language versions?
If in doubt, should other language versions be consulted?
If each treaty language is equally authentic, which of them should be compared if you want to get the exact meaning?
If the treaties – arguably the most important documents of the European Union – are given meticulous care, how much more differences are there in day to day texts, say press releases from the European Parliament?
***
The discussion above was academic in the sense that the current and the coming treaty provisions remain the same in the four languages mentioned. Insofar as they express the same meaning now, they will continue to do so.
***
Back to the contents of the Article.
Article 41 TFEU (ToL), renumbered Article 47 TFEU, is interesting in that it does not clearly address the question who should carry on the joint programme. Is it intended to be an activity of the European Community (European Union), or does it invite the governments of the member states to agree on and administer such a programme separately?
The second observation is that currently there seems to be no specific programme based on this Article, especially if by ‘young workers’ one means people employed (‘Arbeitnehmer’).
Within the context of vocational training there have been Leonardo da Vinci programmes, with the current one as one of four sectoral programmes under the heading of the Lifelong Learning Programme 2007 – 2013:
http://ec.europa.eu/education/programmes/newprog/index_en.html
Decision No. 1720/2006/EC of the European Parliament and the Council of 15 November 2006, establishing an action programme in the field of lifelong learning (OJ 24.11.2006 L 327/45) does not mention Article 41 TEC as a legal basis.
Article 3 of the Decision mentions the sectoral sub-programmes, including the Leonardo da Vinci programme:
Article 3
Sub-programmes
1. The sectoral sub-programmes shall be the following:
---
(c) the Leonardo da Vinci programme, which shall address the teaching and learning needs of all those in vocational education and training, other than at tertiary level, as well as the institutions and organisations providing or facilitating such education and training;
---
Chapter III of the Decision (Articles 24 to 27) deals with access to, objectives and actions of as well as amounts allocated to the Leonardo da Vinci programme. The programme is aimed at, among others, people learning in all forms of vocational training and training (except at tertiary level) and people in the labour market. One of the objectives is to enhance the attractiveness of vocational education and training and mobility for employers and individuals and to facilitate the mobility of working trainees. An operational objective is to increase placements in enterprises to at least 80000 per year by the end of the Lifelong Learning Programme.
Ralf Grahn
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