The European elections today in Britain mark the break-up of the Conservative Partys’s civil union with the European mainstream right and moving in with the right-far right in the European Parliament. The European elections will be an indication of the UK’s future position in Europe.
David Cameron wants to put European integration in reverse gear, but keep the United Kingdom inside the EU. Blocking the Lisbon Treaty and repatriating powers, using Britain’s veto on the EU’s next long term budget, are telling signs of a trajectory towards the fringes.
Social Europe Journal
In the Social Europe Journal, Henning Meyer takes a more principled stand. He sees that the ambiguity of the UK’s attitude towards European integration can only be resolved by a referendum on the membership question: “The Union is far from perfect but becoming better and it is the best hope for Europe to play a leading role in the politics of the 21st century. Britain should decide whether to stay in warts-and-all or leave.”
Britain’s Future in the European Union – Stay in warts-and-all of Leave (3 June 2009) is worth reading before the ballots are cast.
***
Federal Union
Richard Laming on the Federal Union blog has posted: Conservative policy on Europe becomes clearer (3 June 2009).
Laming does not see that a new intergovernmental conference under a veto threat concerning the long term budget would succeed or make Britain more influential.
***
Holding Europe hostage
If the latest UK governments have been fairly unconstructive, the probable future government party has chosen a style even more abrasive and confrontational. This calls for an assessment of their threats.
The advantages of the European Union, including the internal market, are naturally much wider than the “membership fees”, but anti-Europeans are usually obsessed by them.
In addition, it makes sense to evaluate the stranglehold the British contribution has on the European Union financially.
Nosemonkey’s EUtopia referred to the HM Treasury Report: European Community Finances Statement on the 2008 EC Budget and measures to counter fraud and financial mismanagement (Cm 7462, September 2008), which showed the following net contributions of the United Kingdom (£ billion):
(2006) 3.9
(2007) 4.6
(2008) 3.6 (estimated)
The UK net contribution is roughly £4 billion annually, which translates into something like €4.6 billion.
Switzerland and the non-EU members of the European Economic Area (EEA), Iceland, Liechtenstein and Norway, with access to the internal market, contribute to the EU budget.
***
Voters in the European elections in Britain send a signal on their country’s future relations with Europe. A vote for one of the parties in or near the European mainstream – the Liberal Democrats, the Greens or Labour – is a voice for some sort of constructive engagement.
Ralf Grahn
Showing posts with label labour. Show all posts
Showing posts with label labour. Show all posts
Thursday, 4 June 2009
Friday, 22 May 2009
Euroskepticism and other creeds
The term Euroskeptic (or Eurosceptic) has been used misleadingly to lend adversaries of European integration an aura of intellectual respectability.
Here are a few suggestions for a new and more accurate political EU vocabulary in a UK context, ahead of the European elections.
***
Constructive
Liberals
Stronger Together Poorer Apart
***
Euroskeptic
Labour Party
Behind the slipstream of Europe, paring down the Lisbon Treaty and approving it with four opt-outs.
***
Anti-European
Libertas
Campaigns to take the European Union back to the Treaty of Nice and to put an end to free movement.
Conservative Party
Wants to wreck the Lisbon Treaty, leave the mainstream EPP-ED parliamentary group and commence integration in reverse. The ones who love French wine and cheese and holidays on the Riviera may object to being called anti-Europeans, which however refers to their political views.
***
Eurotoxic
UKIP and BNP want Britain to exit.
***
Reasoned suggestions are welcome.
Ralf Grahn
Here are a few suggestions for a new and more accurate political EU vocabulary in a UK context, ahead of the European elections.
***
Constructive
Liberals
Stronger Together Poorer Apart
***
Euroskeptic
Labour Party
Behind the slipstream of Europe, paring down the Lisbon Treaty and approving it with four opt-outs.
***
Anti-European
Libertas
Campaigns to take the European Union back to the Treaty of Nice and to put an end to free movement.
Conservative Party
Wants to wreck the Lisbon Treaty, leave the mainstream EPP-ED parliamentary group and commence integration in reverse. The ones who love French wine and cheese and holidays on the Riviera may object to being called anti-Europeans, which however refers to their political views.
***
Eurotoxic
UKIP and BNP want Britain to exit.
***
Reasoned suggestions are welcome.
Ralf Grahn
Saturday, 16 May 2009
EU: European Works Council
Social policy at European Union level is clearly centred on work. The objectives mentioned in Article 136 of the Treaty establishing the European Community (TEC) are: the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion.
The legal base for the European Community’s supporting and complementing action is Article 137 TEC, where one of the fields mentioned is the information and consultation of workers, to which the codecision procedure applies (Article 251 TEC).
***
Recast Works Council Directive
Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) has now been published in the Official Journal of the European Union (OJEU) 16.5.2009 L 122/28.
The objective of the recast Directive, with EEA relevance, is:
Article 1
Objective
1. The purpose of this Directive is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings.
2. To that end, a European Works Council or a procedure for informing and consulting employees shall be established in every Community-scale undertaking and every Community-scale group of undertakings, where requested in the manner laid down in Article 5(1), with the purpose of informing and consulting employees. The arrangements for informing and consulting employees shall be defined and implemented in such a way as to ensure their effectiveness and to enable the undertaking or group of undertakings to take decisions effectively.
3. Information and consultation of employees must occur at the relevant level of management and representation, according to the subject under discussion. To achieve that, the competence of the European Works Council and the scope of the information and consultation procedure for employees governed by this Directive shall be limited to transnational issues.
4. Matters shall be considered to be transnational where they concern the Community-scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
5. Notwithstanding paragraph 2, where a Community-scale group of undertakings within the meaning of Article 2(1)(c) comprises one or more undertakings or groups of undertakings which are Community-scale undertakings or Community-scale groups of undertakings within the meaning of Article 2(1)(a) or (c), a European Works Council shall be established at the level of the group unless the agreements referred to in Article 6 provide otherwise.
6. Unless a wider scope is provided for in the agreements referred to in Article 6, the powers and competence of European Works Councils and the scope of information and consultation procedures established to achieve the purpose specified in paragraph 1 shall, in the case of a Community-scale undertaking, cover all the establishments located within the Member States and, in the case of a Community-scale group of undertakings, all group undertakings located within the Member States.
7. Member States may provide that this Directive shall not apply to merchant navy crews.
***
Businesses concerned
A European Works Council or a procedure for informing and consulting employees must be established in the enterprises defined.
Community scale undertaking
‘Community-scale undertaking’ means any undertaking with at least 1 000 employees within the Member States and at least 150 employees in each of at least two Member States; Article 2(a).
Community scale group of undertakings
‘Community-scale group of undertakings’ means a group of undertakings with the following characteristics:
— at least 1 000 employees within the Member States,
— at least two group undertakings in different Member States, and
— at least one group undertaking with at least 150 employees in one Member State and at least one other group undertaking with at least 150 employees in another Member State; Article 2(c).
***
Transposition
Directive 2009/38 repeals Directive 94/45/EC, as amended, with effect from 6 June 2011, when the time to transpose the provisions of the new Directive into national law has ended.
Ralf Grahn
The legal base for the European Community’s supporting and complementing action is Article 137 TEC, where one of the fields mentioned is the information and consultation of workers, to which the codecision procedure applies (Article 251 TEC).
***
Recast Works Council Directive
Directive 2009/38/EC of the European Parliament and of the Council of 6 May 2009 on the establishment of a European Works Council or a procedure in Community-scale undertakings and Community-scale groups of undertakings for the purposes of informing and consulting employees (Recast) has now been published in the Official Journal of the European Union (OJEU) 16.5.2009 L 122/28.
The objective of the recast Directive, with EEA relevance, is:
Article 1
Objective
1. The purpose of this Directive is to improve the right to information and to consultation of employees in Community-scale undertakings and Community-scale groups of undertakings.
2. To that end, a European Works Council or a procedure for informing and consulting employees shall be established in every Community-scale undertaking and every Community-scale group of undertakings, where requested in the manner laid down in Article 5(1), with the purpose of informing and consulting employees. The arrangements for informing and consulting employees shall be defined and implemented in such a way as to ensure their effectiveness and to enable the undertaking or group of undertakings to take decisions effectively.
3. Information and consultation of employees must occur at the relevant level of management and representation, according to the subject under discussion. To achieve that, the competence of the European Works Council and the scope of the information and consultation procedure for employees governed by this Directive shall be limited to transnational issues.
4. Matters shall be considered to be transnational where they concern the Community-scale undertaking or Community-scale group of undertakings as a whole, or at least two undertakings or establishments of the undertaking or group situated in two different Member States.
5. Notwithstanding paragraph 2, where a Community-scale group of undertakings within the meaning of Article 2(1)(c) comprises one or more undertakings or groups of undertakings which are Community-scale undertakings or Community-scale groups of undertakings within the meaning of Article 2(1)(a) or (c), a European Works Council shall be established at the level of the group unless the agreements referred to in Article 6 provide otherwise.
6. Unless a wider scope is provided for in the agreements referred to in Article 6, the powers and competence of European Works Councils and the scope of information and consultation procedures established to achieve the purpose specified in paragraph 1 shall, in the case of a Community-scale undertaking, cover all the establishments located within the Member States and, in the case of a Community-scale group of undertakings, all group undertakings located within the Member States.
7. Member States may provide that this Directive shall not apply to merchant navy crews.
***
Businesses concerned
A European Works Council or a procedure for informing and consulting employees must be established in the enterprises defined.
Community scale undertaking
‘Community-scale undertaking’ means any undertaking with at least 1 000 employees within the Member States and at least 150 employees in each of at least two Member States; Article 2(a).
Community scale group of undertakings
‘Community-scale group of undertakings’ means a group of undertakings with the following characteristics:
— at least 1 000 employees within the Member States,
— at least two group undertakings in different Member States, and
— at least one group undertaking with at least 150 employees in one Member State and at least one other group undertaking with at least 150 employees in another Member State; Article 2(c).
***
Transposition
Directive 2009/38 repeals Directive 94/45/EC, as amended, with effect from 6 June 2011, when the time to transpose the provisions of the new Directive into national law has ended.
Ralf Grahn
Friday, 17 April 2009
BBC’s free movement of EU labour map
The question of intra-EU free movement of persons is important for millions of EU citizens, especially those from the new member states.
The BBC offers a first aid kit for those who need information on existing restrictions. The public service broadcaster presents the matters in a readable fashion in its EU free movement of labour map (latest update 28 July 2008).
Read and enjoy before you buy your ticket.
Ralf Grahn
The BBC offers a first aid kit for those who need information on existing restrictions. The public service broadcaster presents the matters in a readable fashion in its EU free movement of labour map (latest update 28 July 2008).
Read and enjoy before you buy your ticket.
Ralf Grahn
Tuesday, 17 March 2009
Will UK Labour return EU Conservatives to power?
A few days ago we read the following headline on EurActiv: Will UK Tories return EU Socialists to power?
In a great show of sportsmanship Gordon Brown has now evened the odds: Will UK Labour return EU Conservatives to power?
As far as I know, Brown is now the third PES (Party of European Socialists) affiliated prime minister to endorse a new five year term for José Manuel Barroso at the head of the Commission.
***
What can I say?
I feel really sorry for the PES activists who spent time and energy debating the 2009 election manifesto.
Why should nearly 400 million Europeans vote if totally ignored ─ in advance ─ by an electoral college of 27?
Why should European taxpayers finance political parties at European level and their foundations to the tune of 18 million euros a year, if the choice of candidates for the top spot is as abundant as in North Korea?
Ralf Grahn
In a great show of sportsmanship Gordon Brown has now evened the odds: Will UK Labour return EU Conservatives to power?
As far as I know, Brown is now the third PES (Party of European Socialists) affiliated prime minister to endorse a new five year term for José Manuel Barroso at the head of the Commission.
***
What can I say?
I feel really sorry for the PES activists who spent time and energy debating the 2009 election manifesto.
Why should nearly 400 million Europeans vote if totally ignored ─ in advance ─ by an electoral college of 27?
Why should European taxpayers finance political parties at European level and their foundations to the tune of 18 million euros a year, if the choice of candidates for the top spot is as abundant as in North Korea?
Ralf Grahn
Friday, 5 December 2008
EU level social partners: Contractual relations and agreements
The social dialogue at European Community (European Union) level can lead to contractual relations, including agreements, between management and labour.
The EU level social partners are confederations of national business organisations and trade unions, so how can these agreements between be put into effect?
Are there any practical examples of implemented European level agreements by European level social partners?
***
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, are important for management (employers, businesses) and labour (trade unions):
– promotion of employment
– improved and harmonised living and working conditions
– social protection
– dialogue between management and labour
– development of human resources
– combating exclusion.
***
Article 139 TEC
Article 139 (ex Article 118b) of the Treaty establishing the European Community (TEC) invites management and labour to establish contractual relations, including agreements at European level.
The European level organisations are free to agree how they cooperate.
Basically they cannot conclude agreements binding on third parties (labour markets in the member states).
Binding effects can be achieved in two ways:
1) Community level agreements can be transformed in accordance with the procedures and practices in each member state.
2) The Council can issue norms in matters covered by Article 137 TEC.
In the latter case, the organisations agree and request, the Commission proposes and the Council decides.
Unanimity in the Council is required concerning the fields covered in Article 137(1)(c), (d), (f) and (g) TEC. In other cases qualified majority voting applies.
Agreements concerning pay, the right of association, the right to strike or the right to impose lock-outs are excluded. Cf. Article 137(5) TEC.
The current Article 139 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/109:
Article 139 TEC
1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements.
2. Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 137, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission.
The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 137(2). In that case, it shall act unanimously.
***
Original Lisbon Treaty (ToL)
Article 2, point 118 of the original Treaty of Lisbon (ToL) amends Article 139 TEC in the following way (OJ 17.12.2007 C 306/81):
118) Article 139(2) shall be amended as follows:
(a) at the end of the first subparagraph, the following sentence shall be added: ‘The European Parliament shall be informed.’;
(b) in the second subparagraph, at the beginning of the first sentence, ‘The Council shall act by qualified majority, except where the agreement’ shall be replaced by ‘The Council shall act unanimously where the agreement’ and the second sentence shall be deleted.
***
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 139 TFEU (ToL) was to be renumbered Article 155 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/214).
***
Consolidated Lisbon Treaty
The exclusion of the European Parliament was mitigated by adopting the obligation to inform the EP from Article III-212(2) of the Constitutional Treaty, as proposed by the European Convention in Article 106(2) of the draft Constitution.
After the horizontal amendments and the editorial change to the second subparagraph of paragraph 2, Article 155 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 155 TFEU
(ex Article 139 TEC)
1. Should management and labour so desire, the dialogue between them at Union level may lead to contractual relations, including agreements.
2. Agreements concluded at Union level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 153, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. The European Parliament shall be informed.
The Council shall act unanimously where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 153(2).
***
Social partners
Again, Article 139 TEC and Article 155 TFEU employ the vague concept ‘management and labour’ in the English language version, but the reference to the Community (Union) level gives some guidance.
More distinctly, when I compared five other language versions of Article 155 TFEU they employ the term ‘social partners’ or something close to that, clearly evoking representative organisations of employers (businesses) and labour (trade unions) at European level.
German: Sozialpartner
French: partenaires sociaux
Spanish: interlocutores sociales
Finnish: työmarkkinaosapuolet
Swedish: arbetsmarknadens parter
For management and labour in the English language version of the current and future treaties, read social partners, because other language versions are explicit.
***
Main European level social partners: Who are they?
The membership of the main Social dialogue committee (SDC) includes the main cross-sectoral players: the European Trade Union Confederation (ETUC), the Confederation of European Business (Businesseurope), the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP), the European Associaiton of Craft, Small and Medium Sized Enterprises (UEAPME), Eurocadres and the European Confederation of Executives and Managerial Staff (CEC):
http://ec.europa.eu/employment_social/social_dialogue/interprof_en.htm
***
Social dialogue
The Commission’s DG Employment, Social Affairs and Equal Opportunities offers web pages with information about the European social dialogue. A distinction is made between bipartite dialogue involving employers and trade unions (the subject of Article 139 TEC and Article 155 TFEU) and a tripartite dialogue with the participation of public authorities (the subject of Article 138 TEC and Article 154 TFEU). Consultation takes place both generally (cross-industry social dialogue) and on a sectoral basis:
http://ec.europa.eu/employment_social/social_dialogue/index_en.htm
***
Bipartite social dialogue
The Commission’s DG Employment, Social Affairs and Equal Opportunities offers a web page Bipartite Social Dialogue at European level:
http://ec.europa.eu/employment_social/social_dialogue/bipartite_en.htm
In addition to the main social dialogue committee (SDC), there are 33 sectoral committees.
***
Social dialogue results
A web page called Typology of European social dialogue results presents practical examples:
http://ec.europa.eu/employment_social/social_dialogue/typology_en.htm
***
Eurofound
Additional information on various aspects of employment issues from a research and communication viewpoint is offered by Eurofound, the European Foundation for the Improvement of Living and Working Conditions:
http://www.eurofound.europa.eu/about/index.htm
Ralf Grahn
The EU level social partners are confederations of national business organisations and trade unions, so how can these agreements between be put into effect?
Are there any practical examples of implemented European level agreements by European level social partners?
***
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, are important for management (employers, businesses) and labour (trade unions):
– promotion of employment
– improved and harmonised living and working conditions
– social protection
– dialogue between management and labour
– development of human resources
– combating exclusion.
***
Article 139 TEC
Article 139 (ex Article 118b) of the Treaty establishing the European Community (TEC) invites management and labour to establish contractual relations, including agreements at European level.
The European level organisations are free to agree how they cooperate.
Basically they cannot conclude agreements binding on third parties (labour markets in the member states).
Binding effects can be achieved in two ways:
1) Community level agreements can be transformed in accordance with the procedures and practices in each member state.
2) The Council can issue norms in matters covered by Article 137 TEC.
In the latter case, the organisations agree and request, the Commission proposes and the Council decides.
Unanimity in the Council is required concerning the fields covered in Article 137(1)(c), (d), (f) and (g) TEC. In other cases qualified majority voting applies.
Agreements concerning pay, the right of association, the right to strike or the right to impose lock-outs are excluded. Cf. Article 137(5) TEC.
The current Article 139 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/109:
Article 139 TEC
1. Should management and labour so desire, the dialogue between them at Community level may lead to contractual relations, including agreements.
2. Agreements concluded at Community level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 137, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission.
The Council shall act by qualified majority, except where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 137(2). In that case, it shall act unanimously.
***
Original Lisbon Treaty (ToL)
Article 2, point 118 of the original Treaty of Lisbon (ToL) amends Article 139 TEC in the following way (OJ 17.12.2007 C 306/81):
118) Article 139(2) shall be amended as follows:
(a) at the end of the first subparagraph, the following sentence shall be added: ‘The European Parliament shall be informed.’;
(b) in the second subparagraph, at the beginning of the first sentence, ‘The Council shall act by qualified majority, except where the agreement’ shall be replaced by ‘The Council shall act unanimously where the agreement’ and the second sentence shall be deleted.
***
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 139 TFEU (ToL) was to be renumbered Article 155 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/214).
***
Consolidated Lisbon Treaty
The exclusion of the European Parliament was mitigated by adopting the obligation to inform the EP from Article III-212(2) of the Constitutional Treaty, as proposed by the European Convention in Article 106(2) of the draft Constitution.
After the horizontal amendments and the editorial change to the second subparagraph of paragraph 2, Article 155 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 155 TFEU
(ex Article 139 TEC)
1. Should management and labour so desire, the dialogue between them at Union level may lead to contractual relations, including agreements.
2. Agreements concluded at Union level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters covered by Article 153, at the joint request of the signatory parties, by a Council decision on a proposal from the Commission. The European Parliament shall be informed.
The Council shall act unanimously where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 153(2).
***
Social partners
Again, Article 139 TEC and Article 155 TFEU employ the vague concept ‘management and labour’ in the English language version, but the reference to the Community (Union) level gives some guidance.
More distinctly, when I compared five other language versions of Article 155 TFEU they employ the term ‘social partners’ or something close to that, clearly evoking representative organisations of employers (businesses) and labour (trade unions) at European level.
German: Sozialpartner
French: partenaires sociaux
Spanish: interlocutores sociales
Finnish: työmarkkinaosapuolet
Swedish: arbetsmarknadens parter
For management and labour in the English language version of the current and future treaties, read social partners, because other language versions are explicit.
***
Main European level social partners: Who are they?
The membership of the main Social dialogue committee (SDC) includes the main cross-sectoral players: the European Trade Union Confederation (ETUC), the Confederation of European Business (Businesseurope), the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP), the European Associaiton of Craft, Small and Medium Sized Enterprises (UEAPME), Eurocadres and the European Confederation of Executives and Managerial Staff (CEC):
http://ec.europa.eu/employment_social/social_dialogue/interprof_en.htm
***
Social dialogue
The Commission’s DG Employment, Social Affairs and Equal Opportunities offers web pages with information about the European social dialogue. A distinction is made between bipartite dialogue involving employers and trade unions (the subject of Article 139 TEC and Article 155 TFEU) and a tripartite dialogue with the participation of public authorities (the subject of Article 138 TEC and Article 154 TFEU). Consultation takes place both generally (cross-industry social dialogue) and on a sectoral basis:
http://ec.europa.eu/employment_social/social_dialogue/index_en.htm
***
Bipartite social dialogue
The Commission’s DG Employment, Social Affairs and Equal Opportunities offers a web page Bipartite Social Dialogue at European level:
http://ec.europa.eu/employment_social/social_dialogue/bipartite_en.htm
In addition to the main social dialogue committee (SDC), there are 33 sectoral committees.
***
Social dialogue results
A web page called Typology of European social dialogue results presents practical examples:
http://ec.europa.eu/employment_social/social_dialogue/typology_en.htm
***
Eurofound
Additional information on various aspects of employment issues from a research and communication viewpoint is offered by Eurofound, the European Foundation for the Improvement of Living and Working Conditions:
http://www.eurofound.europa.eu/about/index.htm
Ralf Grahn
Thursday, 4 December 2008
European Union: Consulting management and labour
The Commission supports dialogue between management and labour at Community level and consults them before and after issuing proposals.
For management and labour in the English language version of the current and future treaties, read social partners, because other language versions are explicit.
German: Sozialpartner
French: partenaires sociaux
Spanish: interlocutores sociales
Finnish: työmarkkinaosapuolet
Swedish: arbetsmarknadens parter
Suggestions for further reading are presented with regard to various aspects of the social dialogue between representative European organisations for business and trade union interests and consultations concerning planned or issued proposals.
***
Social policy objectives
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, are important for management (employers, businesses) and labour (trade unions):
– promotion of employment
– improved and harmonised living and working conditions
– social protection
– dialogue between management and labour
– development of human resources
– combating exclusion.
***
Article 138 TEC
Article 138 (ex Article 118a) of the Treaty establishing the European Community (TEC) sets out mandatory consultation of management and labour by the Commission.
The Commission promotes consultation at Community level and facilitates dialogue between management and labour with regard to social policy.
The Commission consults management and labour before issuing proposals.
The Commission consults management and labour on proposals.
Article 138 TEC refers to possible European Community level agreements between management and labour.
The current Article 138 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/108–109:
Article 138 TEC
1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.
2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action.
3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation.
4. On the occasion of such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 139. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it.
***
Original Lisbon Treaty (ToL)
Article 2, point 117 of the original Treaty of Lisbon (ToL) amends Article 138 TEC in the following way (OJ 17.12.2007 C 306/81):
117) In Article 138(4), first sentence, the words ‘On the occasion of such consultation,’ shall be replaced by ‘On the occasion of the consultation referred to in paragraphs 2 and 3,’ and, in the second sentence, the words ‘the procedure’ shall be replaced by ‘this process’.
***
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 138 TFEU (ToL) was to be renumbered Article 154 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/214).
***
Consolidated Lisbon Treaty
After the modest specific amendments and after inserting the horizontal amendments, Article 154 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, looks like this:
(TITLE X
SOCIAL POLICY)
Article 154 TFEU
(ex Article 138 TEC)
1. The Commission shall have the task of promoting the consultation of management and labour at Union level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.
2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Union action.
3. If, after such consultation, the Commission considers Union action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation.
4. On the occasion of the consultation referred to in paragraphs 2 and 3, management and labour may inform the Commission of their wish to initiate the process provided for in Article 155. The duration of this process shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it.
***
Social partners
The vague concept ‘management and labour’ becomes more distinct by the reference to the Community (Union) level.
In addition, the five other language versions I compared with employ the term ‘social partners’ or something close to that, clearly evoking representative organisations of employers and labour.
***
Social dialogue
The Commission’s DG Employment, Social Affairs and Equal Opportunities offers web pages with information about the European social dialogue. A distinction is made between bipartite dialogue involving employers and trade unions and a tripartite dialogue with the participation of public authorities. Consultation takes place both generally (cross-industry social dialogue) and on a sectoral basis:
http://ec.europa.eu/employment_social/social_dialogue/index_en.htm
***
Cross-industry social dialogue
Added information on cross-industry social dialogue, within the Social dialogue committee (SDC), involving the European Trade Union Confederation (ETUC), the Confederation of European Business (Businesseurope), the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP), the European Associaiton of Craft, Small and Medium Sized Enterprises (UEAPME), Eurocadres and the European Confederation of Executives and Managerial Staff (CEC):
http://ec.europa.eu/employment_social/social_dialogue/interprof_en.htm
***
Sectoral social dialogue
There is a host of sectoral social dialogue committees:
http://ec.europa.eu/employment_social/social_dialogue/sectoral_en.htm
***
Social dialogue at company level
Social dialogue at company level for multinational companies covered by the European Works Councils Directive are presented here:
http://ec.europa.eu/employment_social/social_dialogue/company_en.htm
***
Article 138 TEC consultations
Consultations based on Article 138 TEC are presented here:
http://ec.europa.eu/employment_social/social_dialogue/consultations_en.htm
Ralf Grahn
For management and labour in the English language version of the current and future treaties, read social partners, because other language versions are explicit.
German: Sozialpartner
French: partenaires sociaux
Spanish: interlocutores sociales
Finnish: työmarkkinaosapuolet
Swedish: arbetsmarknadens parter
Suggestions for further reading are presented with regard to various aspects of the social dialogue between representative European organisations for business and trade union interests and consultations concerning planned or issued proposals.
***
Social policy objectives
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, are important for management (employers, businesses) and labour (trade unions):
– promotion of employment
– improved and harmonised living and working conditions
– social protection
– dialogue between management and labour
– development of human resources
– combating exclusion.
***
Article 138 TEC
Article 138 (ex Article 118a) of the Treaty establishing the European Community (TEC) sets out mandatory consultation of management and labour by the Commission.
The Commission promotes consultation at Community level and facilitates dialogue between management and labour with regard to social policy.
The Commission consults management and labour before issuing proposals.
The Commission consults management and labour on proposals.
Article 138 TEC refers to possible European Community level agreements between management and labour.
The current Article 138 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/108–109:
Article 138 TEC
1. The Commission shall have the task of promoting the consultation of management and labour at Community level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.
2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action.
3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation.
4. On the occasion of such consultation, management and labour may inform the Commission of their wish to initiate the process provided for in Article 139. The duration of the procedure shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it.
***
Original Lisbon Treaty (ToL)
Article 2, point 117 of the original Treaty of Lisbon (ToL) amends Article 138 TEC in the following way (OJ 17.12.2007 C 306/81):
117) In Article 138(4), first sentence, the words ‘On the occasion of such consultation,’ shall be replaced by ‘On the occasion of the consultation referred to in paragraphs 2 and 3,’ and, in the second sentence, the words ‘the procedure’ shall be replaced by ‘this process’.
***
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 138 TFEU (ToL) was to be renumbered Article 154 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/214).
***
Consolidated Lisbon Treaty
After the modest specific amendments and after inserting the horizontal amendments, Article 154 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, looks like this:
(TITLE X
SOCIAL POLICY)
Article 154 TFEU
(ex Article 138 TEC)
1. The Commission shall have the task of promoting the consultation of management and labour at Union level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.
2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Union action.
3. If, after such consultation, the Commission considers Union action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation.
4. On the occasion of the consultation referred to in paragraphs 2 and 3, management and labour may inform the Commission of their wish to initiate the process provided for in Article 155. The duration of this process shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it.
***
Social partners
The vague concept ‘management and labour’ becomes more distinct by the reference to the Community (Union) level.
In addition, the five other language versions I compared with employ the term ‘social partners’ or something close to that, clearly evoking representative organisations of employers and labour.
***
Social dialogue
The Commission’s DG Employment, Social Affairs and Equal Opportunities offers web pages with information about the European social dialogue. A distinction is made between bipartite dialogue involving employers and trade unions and a tripartite dialogue with the participation of public authorities. Consultation takes place both generally (cross-industry social dialogue) and on a sectoral basis:
http://ec.europa.eu/employment_social/social_dialogue/index_en.htm
***
Cross-industry social dialogue
Added information on cross-industry social dialogue, within the Social dialogue committee (SDC), involving the European Trade Union Confederation (ETUC), the Confederation of European Business (Businesseurope), the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP), the European Associaiton of Craft, Small and Medium Sized Enterprises (UEAPME), Eurocadres and the European Confederation of Executives and Managerial Staff (CEC):
http://ec.europa.eu/employment_social/social_dialogue/interprof_en.htm
***
Sectoral social dialogue
There is a host of sectoral social dialogue committees:
http://ec.europa.eu/employment_social/social_dialogue/sectoral_en.htm
***
Social dialogue at company level
Social dialogue at company level for multinational companies covered by the European Works Councils Directive are presented here:
http://ec.europa.eu/employment_social/social_dialogue/company_en.htm
***
Article 138 TEC consultations
Consultations based on Article 138 TEC are presented here:
http://ec.europa.eu/employment_social/social_dialogue/consultations_en.htm
Ralf Grahn
Saturday, 29 November 2008
European Union: Employment Committee
The treaty based advisory Employment Committee promotes coordination between EC (EU) member states on employment and labour market policies.
Does ‘management and labour’ have a specific meaning in this context? Often used in Eurojargon, but what are the social partners?
***
Current TEC
The headline of this post starts with ‘European Union’, which can be defended if you look at the EU as a Greek Temple, with three pillars. More exactly, the subject matter belongs to the Community pillar (first pillar), but few readers seem to be that exact in their web searches. The term ‘European Community’ seems to have fallen into disuse, save for official documents and a few brave lawyers. I try to use the EU and the EC terms in a pragmatic manner, depending on the context.
The current Article 130 (ex Article 109s) of the Treaty establishing the European Community (TEC) concludes the Title VIII Employment by establishing a sector committee.
The Employment Committee works in an advisory capacity.
Whereas most of the Employment Title speaks about employment (policies) or refers to the employment aims, Article 130 TEC picks up the term ‘labour markets’ mentioned in Article 125 TEC.
The Employment Committee promotes coordination between member states on employment and labour market policies.
The Employment Committee consults management and labour, known as the social partners in Eurospeak.
There is the customary proviso that the Employment Committee works ‘without prejudice to Article 207’, referring to the Committee of Permanent Representatives of the Member States (Coreper), the last stop before the Ministers meet in the Council.
The intergovernmental nature of the Employment Committee is illustrated not only by the wording that it is established to ‘promote coordination between Member States’ or by the fact that the Committee is appointed by the Council, but also by the preponderance of member states’ representatives. Each member state appoints two members (as does the Commission).
The existing Article 130 TEC (in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/103):
Article 130 TEC
The Council, after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies. The tasks of the Committee shall be:
— to monitor the employment situation and employment policies in the Member States and the Community,
— without prejudice to Article 207, to formulate opinions at the request of either the Council or the Commission or on its own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 128.
In fulfilling its mandate, the Committee shall consult management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
Original Lisbon Treaty (ToL)
The Treaty of Lisbon (ToL) is still on its rocky road to possible entry into force. Agreed and signed between 27 member state governments, it has by now been approved by the national parliaments in 25 member states ahead of the original target date for entry into force (1 January 2009). Among the parliamentary ratifiers, only the holder of the next Council Presidency, the Czech Republic, looks certain to miss the agreed target date.
In addition, Ireland is pondering its European future following the negative outcome of the 12 June 2008 referendum. (For some updated references to the Irish debate, you can read yesterday’s post ‘Ireland and Lisbon Treaty’.)
Anyway, in some instances the Lisbon Treaty is the most up-to-date manifestation of what the member state governments want the treaties to say.
On the other hand, the treaty reform process, at least since the Treaty of Nice, has been focused on so called institutional innovations. With a few notable exceptions, most areas of Community policy have only been updated and adjusted technically to the different reform treaty versions: the draft Constitution, the Constitutional Treaty and the Lisbon Treaty.
The changes to the Title on employment in the Lisbon Treaty are minimal. Article 2, point 111 deleted a few words from Article 125 TEC and the following point (112) concerned the common commercial policy.
Consequently, Article 126 TEC and the following ones underwent only horizontal or technical amendments (OJ 17.12.2007 C 306/79). In Article 130 TEC the word ‘Community’ is replaced by ‘Union’, as elsewhere in the Treaty of Lisbon. Another horizontal amendment is that the clarifying words ‘acting by a simple majority’ are inserted after ‘The Council’ according to Article 2, point 4 ToL, but the procedure remains the same.
***
Renumbering
The Table of equivalences of the original Treaty of Lisbon tells us that Title VIII Employment was to be renumbered Title IX and that Article 130 TEC and TFEU (ToL) was to be renumbered Article 150 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/214).
***
Consolidated Lisbon Treaty
Article 150 of the Treaty on the Functioning of the European Union (TFEU) takes over the contents of the existing Article 130 TEC with the minimal change in terminology and the renumbering noted above.
As a consequence, the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/113, looks like this:
TITLE IX
EMPLOYMENT
Article 150 TFEU
(ex Article 130 TEC)
The Council, acting by a simple majority after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies. The tasks of the Committee shall be:
— to monitor the employment situation and employment policies in the Member States and the Union,
— without prejudice to Article 240, to formulate opinions at the request of either the Council or the Commission or on its own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 148.
In fulfilling its mandate, the Committee shall consult management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
Management and labour
The English version of the treaties refers to consulting ‘management and labour’. We look at the wording of the sentence, first in English:
In fulfilling its mandate, the Committee shall consult management and labour.
Management and labour seem to be given more exact contours, when we turn to the German version:
Bei der Erfüllung seines Auftrags hört der Ausschuss die Sozialpartner.
The French words, likewise, gives management and labour a more precise meaning than the English treaty text:
Dans l'accomplissement de son mandat, le comité consulte les partenaires sociaux.
The Sapnish treaty text catches another nuance of the parties or partners to be consulted:
Para llevar a cabo su mandato, el Comité deberá consultar a los interlocutores sociales.
The Finnish treaty text uses (almost) the same terminology as the German and the French, although the customary term evokes contracting parties (collective agreements) as much as partners in a dialogue:
Tehtäväänsä toteuttaessaan komitea kuulee työmarkkinaosapuolia.
The Swedish text uses the term ’arbetsmarknadens parter’ identical with the Finnish concept:
Kommittén ska när den utför sitt uppdrag höra arbetsmarknadens parter.
We can conclude that the drafters of the treaties have had organised employers and organised labour in mind and that national systems of collective bargaining and traditions of dialogue between management and employee interests are reflected in the various terms used. Anyway, the English version seems to be less exact than the other language versions. (The Title Social policy is imbued with references to the social partners.)
The subparagraph does not specify the level of consultations, which means that the wording does not exclude consultations at European or national level.
***
Social partners
The Europa Glossary outlines the meaning of ‘social partners’ in the following way (although it leans heavily on Article 138 TEC, in the current Title XI Social policy, education, vocational training and youth):
Social partners
The glossary is being updated given the recent signing of the Treaty of Lisbon.
The Commission is required to consult various social partners when it wishes to submit proposals in this field (article 138 of the EC Treaty). This social dialogue occurs via the three main cross-industry organisations representing the social partners at European level:
the European Trade Union Confederation (ETUC);
the Union of Industrial and Employers' Confederations of Europe (BUSINESSEUROPE);
the European Centre of Enterprises with Public Participation (CEEP).
In addition to these three European cross-industry organisations, there are many other socio-professional groups representing specific or sectoral interests.
It is the Commission's task to promote consultation of the social partners and take any relevant measures to facilitate their dialogue by ensuring balanced support for the parties.
Before submitting proposals in the field of social policy, the Commission consults the social partners on the possible direction of EU action.
The social partners also play an important role in the European Economic and Social Committee, where they sit alongside other representatives of civil society.
***
Employment Committee – Council decision
Not to forget secondary legislation, the Committee was established by the Council decision of 24 January 2000 establishing the Employment Committee (OJ 4.2.2000 L 29/21).
The decision reiterates the treaty provisions, but adds some specifications to the Committee’s tasks.
***
Employment Committee activity
The European Commission, Employment and Social Affairs, offers an introductory web page on the Employment Committee with links to its activities:
http://ec.europa.eu/employment_social/employment_strategy/emco_en.htm
Ralf Grahn
Does ‘management and labour’ have a specific meaning in this context? Often used in Eurojargon, but what are the social partners?
***
Current TEC
The headline of this post starts with ‘European Union’, which can be defended if you look at the EU as a Greek Temple, with three pillars. More exactly, the subject matter belongs to the Community pillar (first pillar), but few readers seem to be that exact in their web searches. The term ‘European Community’ seems to have fallen into disuse, save for official documents and a few brave lawyers. I try to use the EU and the EC terms in a pragmatic manner, depending on the context.
The current Article 130 (ex Article 109s) of the Treaty establishing the European Community (TEC) concludes the Title VIII Employment by establishing a sector committee.
The Employment Committee works in an advisory capacity.
Whereas most of the Employment Title speaks about employment (policies) or refers to the employment aims, Article 130 TEC picks up the term ‘labour markets’ mentioned in Article 125 TEC.
The Employment Committee promotes coordination between member states on employment and labour market policies.
The Employment Committee consults management and labour, known as the social partners in Eurospeak.
There is the customary proviso that the Employment Committee works ‘without prejudice to Article 207’, referring to the Committee of Permanent Representatives of the Member States (Coreper), the last stop before the Ministers meet in the Council.
The intergovernmental nature of the Employment Committee is illustrated not only by the wording that it is established to ‘promote coordination between Member States’ or by the fact that the Committee is appointed by the Council, but also by the preponderance of member states’ representatives. Each member state appoints two members (as does the Commission).
The existing Article 130 TEC (in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/103):
Article 130 TEC
The Council, after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies. The tasks of the Committee shall be:
— to monitor the employment situation and employment policies in the Member States and the Community,
— without prejudice to Article 207, to formulate opinions at the request of either the Council or the Commission or on its own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 128.
In fulfilling its mandate, the Committee shall consult management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
Original Lisbon Treaty (ToL)
The Treaty of Lisbon (ToL) is still on its rocky road to possible entry into force. Agreed and signed between 27 member state governments, it has by now been approved by the national parliaments in 25 member states ahead of the original target date for entry into force (1 January 2009). Among the parliamentary ratifiers, only the holder of the next Council Presidency, the Czech Republic, looks certain to miss the agreed target date.
In addition, Ireland is pondering its European future following the negative outcome of the 12 June 2008 referendum. (For some updated references to the Irish debate, you can read yesterday’s post ‘Ireland and Lisbon Treaty’.)
Anyway, in some instances the Lisbon Treaty is the most up-to-date manifestation of what the member state governments want the treaties to say.
On the other hand, the treaty reform process, at least since the Treaty of Nice, has been focused on so called institutional innovations. With a few notable exceptions, most areas of Community policy have only been updated and adjusted technically to the different reform treaty versions: the draft Constitution, the Constitutional Treaty and the Lisbon Treaty.
The changes to the Title on employment in the Lisbon Treaty are minimal. Article 2, point 111 deleted a few words from Article 125 TEC and the following point (112) concerned the common commercial policy.
Consequently, Article 126 TEC and the following ones underwent only horizontal or technical amendments (OJ 17.12.2007 C 306/79). In Article 130 TEC the word ‘Community’ is replaced by ‘Union’, as elsewhere in the Treaty of Lisbon. Another horizontal amendment is that the clarifying words ‘acting by a simple majority’ are inserted after ‘The Council’ according to Article 2, point 4 ToL, but the procedure remains the same.
***
Renumbering
The Table of equivalences of the original Treaty of Lisbon tells us that Title VIII Employment was to be renumbered Title IX and that Article 130 TEC and TFEU (ToL) was to be renumbered Article 150 TFEU in the consolidated version of the amending treaties (OJ 17.12.2007 C 306/214).
***
Consolidated Lisbon Treaty
Article 150 of the Treaty on the Functioning of the European Union (TFEU) takes over the contents of the existing Article 130 TEC with the minimal change in terminology and the renumbering noted above.
As a consequence, the consolidated TFEU, published in the Official Journal of the European Union, OJ 9.5.2008 C 115/113, looks like this:
TITLE IX
EMPLOYMENT
Article 150 TFEU
(ex Article 130 TEC)
The Council, acting by a simple majority after consulting the European Parliament, shall establish an Employment Committee with advisory status to promote coordination between Member States on employment and labour market policies. The tasks of the Committee shall be:
— to monitor the employment situation and employment policies in the Member States and the Union,
— without prejudice to Article 240, to formulate opinions at the request of either the Council or the Commission or on its own initiative, and to contribute to the preparation of the Council proceedings referred to in Article 148.
In fulfilling its mandate, the Committee shall consult management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
Management and labour
The English version of the treaties refers to consulting ‘management and labour’. We look at the wording of the sentence, first in English:
In fulfilling its mandate, the Committee shall consult management and labour.
Management and labour seem to be given more exact contours, when we turn to the German version:
Bei der Erfüllung seines Auftrags hört der Ausschuss die Sozialpartner.
The French words, likewise, gives management and labour a more precise meaning than the English treaty text:
Dans l'accomplissement de son mandat, le comité consulte les partenaires sociaux.
The Sapnish treaty text catches another nuance of the parties or partners to be consulted:
Para llevar a cabo su mandato, el Comité deberá consultar a los interlocutores sociales.
The Finnish treaty text uses (almost) the same terminology as the German and the French, although the customary term evokes contracting parties (collective agreements) as much as partners in a dialogue:
Tehtäväänsä toteuttaessaan komitea kuulee työmarkkinaosapuolia.
The Swedish text uses the term ’arbetsmarknadens parter’ identical with the Finnish concept:
Kommittén ska när den utför sitt uppdrag höra arbetsmarknadens parter.
We can conclude that the drafters of the treaties have had organised employers and organised labour in mind and that national systems of collective bargaining and traditions of dialogue between management and employee interests are reflected in the various terms used. Anyway, the English version seems to be less exact than the other language versions. (The Title Social policy is imbued with references to the social partners.)
The subparagraph does not specify the level of consultations, which means that the wording does not exclude consultations at European or national level.
***
Social partners
The Europa Glossary outlines the meaning of ‘social partners’ in the following way (although it leans heavily on Article 138 TEC, in the current Title XI Social policy, education, vocational training and youth):
Social partners
The glossary is being updated given the recent signing of the Treaty of Lisbon.
The Commission is required to consult various social partners when it wishes to submit proposals in this field (article 138 of the EC Treaty). This social dialogue occurs via the three main cross-industry organisations representing the social partners at European level:
the European Trade Union Confederation (ETUC);
the Union of Industrial and Employers' Confederations of Europe (BUSINESSEUROPE);
the European Centre of Enterprises with Public Participation (CEEP).
In addition to these three European cross-industry organisations, there are many other socio-professional groups representing specific or sectoral interests.
It is the Commission's task to promote consultation of the social partners and take any relevant measures to facilitate their dialogue by ensuring balanced support for the parties.
Before submitting proposals in the field of social policy, the Commission consults the social partners on the possible direction of EU action.
The social partners also play an important role in the European Economic and Social Committee, where they sit alongside other representatives of civil society.
***
Employment Committee – Council decision
Not to forget secondary legislation, the Committee was established by the Council decision of 24 January 2000 establishing the Employment Committee (OJ 4.2.2000 L 29/21).
The decision reiterates the treaty provisions, but adds some specifications to the Committee’s tasks.
***
Employment Committee activity
The European Commission, Employment and Social Affairs, offers an introductory web page on the Employment Committee with links to its activities:
http://ec.europa.eu/employment_social/employment_strategy/emco_en.htm
Ralf Grahn
Subscribe to:
Posts (Atom)
Subscribe To Grahnlaw
Posts
All Comments
