The European research area is gradually taking shape on the ground and the excruciatingly slow process of treaty reform would incorporate some new elements at treaty level, if the EU Treaty of Lisbon enters into force.
The voluntary open method of coordination (OMC) would be enshrined at treaty level with regard to coordination of European Community (European Union) and member states’ policies concerning research and technological development.
How do you evaluate the European Union’s future as a knowledge based society?
***
Article 165 TEC
Article 163 TEC (ex Article 130f) set out the research and technology aims of the European Community (European Union), namely to:
1. strengthen the scientific and technological bases of industry,
2. make industry more competitive internationally and
3. promote other research activities.
Article 164 TEC (Article 130g) built on the preceding Article by presenting more concrete activities to achieve the objectives. The Community activities complement the activities in the member states.
Community research activities are to:
1. implement research, technological development and demonstration programmes,
2. promote international cooperation,
3. disseminate and optimise research results, and
4. stimulate training and mobility of researchers.
Article 165 TEC (ex Article 130h) takes up the coordination of research and technological development activities between the European Community and the member states.
The aim is consistency between national policies and Community policy.
The Commission has a non-specified right to take initiatives to promote coordination (but this is not a base for legal acts).
The current Article 165 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/121:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 165 TEC
1. The Community and the Member States shall coordinate their research and technological development activities so as to ensure that national policies and Community policy are mutually consistent.
2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the coordination referred to in paragraph 1.
***
Original Lisbon Treaty (ToL)
Article 2, point 137 of the Lisbon Treaty amended Article 165 TEC (OJEU 17.12.2007 C 306/86):
137) The following shall be added at the end of Article 165(2): ‘, 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.’.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and renumbered Title XIX Research and technological development and space in the consolidated version.
Article 165 TEC initially became Article 165 TFEU (ToL) before the renumbering of the treaty made it into Article 181 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 181 TFEU
With the specific amendment and after the horizontal amendment replacing the Community by the Union and the renumbering of the Article, Article 181 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/129):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 181 TFEU
(ex Article 165 TEC)
1. The Union and the Member States shall coordinate their research and technological development activities so as to ensure that national policies and Union policy are mutually consistent.
2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the coordination referred to in paragraph 1, 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.
***
Main changes
The substance of the first paragraph of Article 181 TFEU did not change.
The open-ended Commission right to take legally non-binding initiatives took over the text of Article III-250 of the Constitutional Treaty.
The addition gives the Commission’s activities a certain direction, by importing elements of the open method of coordination (OMC).
As a reminder, we recall the Conclusions of the European Council in Lisbon 23 to 24 March 2000 (point 37):
Implementing a new open method of coordination
37. Implementation of the strategic goal will be facilitated by applying a new open method of coordination as the means of spreading best practice and achieving greater convergence towards the main EU goals. This method, which is designed to help Member States to progressively develop their own policies, involves:
- fixing guidelines for the Union combined with specific timetables for achieving the goals which they set in the short, medium and long terms;
- establishing, where appropriate, quantitative and qualitative indicators and benchmarks against the best in the world and tailored to the needs of different Member States and sectors as a means of comparing best practice;
- translating these European guidelines into national and regional policies by setting specific targets and adopting measures, taking into account national and regional differences;
- periodic monitoring, evaluation and peer review organised as mutual learning processes.
***
EU research competence
In the general ordering of European Union competence, the Lisbon Treaty deals with research in under shared competence, but with a particular twist. Article 4(3) TFEU states:
3. In the areas of research, technological development and space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
***
Commission research activities
The Commission’s Directorate-General Research offers news, information and links to activities concerning research and technological development:
http://ec.europa.eu/research/index.cfm
***
Community research legislation
The Commission’s web page Research and innovation serves as a portal to summaries of EC (EU) law with regard to research and technological development:
http://europa.eu/scadplus/leg/en/s23000.htm
***
Dear readers, your comments with views and experiences are appreciated.
Ralf Grahn
Showing posts with label open method of coordination. Show all posts
Showing posts with label open method of coordination. Show all posts
Friday, 2 January 2009
Wednesday, 10 December 2008
European Union: Social Protection Committee
The member states of the European Community (European Union) have agreed to coordinate their social policies and on the possibility to set minimum standards. The Commission supports these efforts.
The Social Protection Committee, in its current form established in 2004, functions in an advisory capacity as a joint forum for the member states’ governments and the Commission.
In the context of the Lisbon Strategy for Growth and Jobs, social cohesion has its own role as an EC (EU) aim. Outside the world of legal acts, the developing open method of coordination (OMC) finds some of its main applications in the fields of social protection and social inclusion. But first we look at what the existing treaty and the Lisbon Treaty have to say about the Social Protection Committee.
***
Article 144 TEC
Article 144 (ex Article 121) of the Treaty establishing the European Community (TEC) concerns the establishment of the advisory Social Protection Committee.
The tasks of the Committee are coordinating in nature, but in the Treaty of Nice they were drafted with the open method of coordination (OMC) in mind.
The customary reference to Article 207 TEC means that the Social Protection Committee – an important sectoral committee – does not jeopardise the status of the Committee of the Permanent Representatives of the Member States (Coreper) as the last stop before matters are laid on the table for decisions by the Ministers in the Council.
The contacts with management and labour in the English treaty version are, as usual, given a more specific meaning in other language versions, which refer to the social partners (or similar).
Whereas the Commission acts as the work-horse, the essentially intergovernmental nature of the Social Protection Committee (and the social policy area) is brought to light by the following facts: The Committee is established by the Council. The tasks are mainly related to policies of the member states. Each member state nominates two members (54 in all), while the Commission is represented by two members.
The current Article 144 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/111:
Article 144 TEC
The Council, after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
— to monitor the social situation and the development of social protection policies in the Member States and the Community,
— to promote exchanges of information, experience and good practice between Member States and with the Commission,
— without prejudice to Article 207, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
Original Lisbon Treaty (ToL)
Article 2, point 120 of the original Treaty of Lisbon (ToL) amends the preceding Article 143 TEC and point 121 concerns the European Social Fund, so there were no specific amendments to Article 144 TEC (OJ 17.12.2007 C 306/82).
The ‘Community’ is replaced by ‘Union’ according to the horizontal amendment in Article 2, point 2(a) ToL and in the first paragraph the words ‘acting by a simple majority’ are inserted after the Council in accordance with point 4.
***
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. Article 144 TEC first became Article 144 TFEU (ToL), then to be renumbered Article 160 TFEU in the consolidated versions of the amending treaties (OJ 17.12.2007 C 306/216).
***
Consolidated Lisbon Treaty
After these modest adjustments Article 160 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 115/118–119:
(TITLE X
SOCIAL POLICY)
Article 160 TFEU
(ex Article 144 TEC)
The Council, acting by a simple majority after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
— to monitor the social situation and the development of social protection policies in the Member States and the Union,
— to promote exchanges of information, experience and good practice between Member States and with the Commission,
— without prejudice to Article 240, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
The social situation in the European Union 2007
Just as a reminder I recall the general social policy report mentioned in the previous blog post and in the context of the preceding treaty Article.
The Commission’s (Directorate-General for Employment, Social Affairs and Equal Opportunities; Eurostat) latest annual social policy report is called The Social Situation in the European Union 2007 – Social Cohesion through Equal Opportunities (published 2008; 199 pages):
http://ec.europa.eu/employment_social/spsi/docs/social_situation/ssr2007_en.pdf
For a quick take on the findings, you can read the press release issued when the report was published, 22 May 2008 (MEMO/08/326):
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/326
***
Social Protection Committee: Secondary legislation
If we return to the Social Protection Committee, the following step from a legal point of view is to look at the Council Decision whereby it was established as it exists now.
The current Social Protection Committee was established by Council Decision 2004/689/EC of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC ( published OJ 13.10.2004 L 314/8). Even for those less interested in the legal technicalities, the Recitals (Whereas) laying out the existing rules and the reasons for the new ones are often the beast means to get a quick overview, especially if textbooks and other publications have not been updated at the time.
Based on Article 144 TEC, the Council Decision can be found here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:314:0008:0010:EN:PDF
***
Further reading
The Commission’s Scadplus web pages offer main points of Community legislation in a readable format. The page Social Protection Committee can be found here:
http://europa.eu/scadplus/leg/en/cha/c10119.htm
***
Activities: Lisbon Strategy and social cohesion
Even a lawyer has to admit the existence of other breeds of people, who might be interested in various real life occurrences like the activities of a high-level committee. As a concession to such interests, here are a few references to EU social policy (within the framework of EU law), including the context (Lisbon Strategy for Growth and Jobs) and the open method of coordination (OMC).
The Commission’s Directorate-General Employment, Social Affairs and Equal Opportunities presents information about the activities, with links to additional information. Under the banner of the Lisbon Strategy and its aim to achieve social cohesion, the page The Social Protection Committee lays stress on the open method of coordination (OMC). The links in this regard may be of interest to some readers:
http://ec.europa.eu/employment_social/spsi/social_protection_committee_en.htm
***
Open method of coordination (OMC)
In the context of social cohesion the web page The process: the Open Method of Coordination presents main features of the OMC, including the Commission’s recent proposal to reinforce the open method of coordination for social protection and social inclusion COM/2008/0418 final. There are also links to additional pages on the OMC, i.a. Common objectives, Common indicators, National Strategic Reports:
http://ec.europa.eu/employment_social/spsi/the_process_en.htm
***
Joint reports
Joint reports by the Commission and the Council are further explained on the web page Joint reports:
http://ec.europa.eu/employment_social/spsi/joint_reports_en.htm
***
Joint report 2008
The latest version, the Joint Report on Social Protection and Social Inclusion 2008 (Council document 7274/08) is available here.
http://register.consilium.europa.eu/pdf/en/08/st07/st07274.en08.pdf
The joint report was based on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Proposal for the Joint Report on social protection and social inclusion 2008, COM/2008/0042 final, with additional information in document {SEC(2008) 91}, available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0042:FIN:EN:PDF
***
The next spring European Council, this time under the Czech Council Presidency, is looming on the horizon. This means that preparatory documents will start to appear on various aspects of the Lisbon Strategy for Growth and Jobs ahead of the Council formations which finalise the groundwork for the heads of state or government in March 2009.
Ralf Grahn
The Social Protection Committee, in its current form established in 2004, functions in an advisory capacity as a joint forum for the member states’ governments and the Commission.
In the context of the Lisbon Strategy for Growth and Jobs, social cohesion has its own role as an EC (EU) aim. Outside the world of legal acts, the developing open method of coordination (OMC) finds some of its main applications in the fields of social protection and social inclusion. But first we look at what the existing treaty and the Lisbon Treaty have to say about the Social Protection Committee.
***
Article 144 TEC
Article 144 (ex Article 121) of the Treaty establishing the European Community (TEC) concerns the establishment of the advisory Social Protection Committee.
The tasks of the Committee are coordinating in nature, but in the Treaty of Nice they were drafted with the open method of coordination (OMC) in mind.
The customary reference to Article 207 TEC means that the Social Protection Committee – an important sectoral committee – does not jeopardise the status of the Committee of the Permanent Representatives of the Member States (Coreper) as the last stop before matters are laid on the table for decisions by the Ministers in the Council.
The contacts with management and labour in the English treaty version are, as usual, given a more specific meaning in other language versions, which refer to the social partners (or similar).
Whereas the Commission acts as the work-horse, the essentially intergovernmental nature of the Social Protection Committee (and the social policy area) is brought to light by the following facts: The Committee is established by the Council. The tasks are mainly related to policies of the member states. Each member state nominates two members (54 in all), while the Commission is represented by two members.
The current Article 144 TEC, as published in the latest consolidated version of the treaties, OJ 29.12.2006 C 321 E/111:
Article 144 TEC
The Council, after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
— to monitor the social situation and the development of social protection policies in the Member States and the Community,
— to promote exchanges of information, experience and good practice between Member States and with the Commission,
— without prejudice to Article 207, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
Original Lisbon Treaty (ToL)
Article 2, point 120 of the original Treaty of Lisbon (ToL) amends the preceding Article 143 TEC and point 121 concerns the European Social Fund, so there were no specific amendments to Article 144 TEC (OJ 17.12.2007 C 306/82).
The ‘Community’ is replaced by ‘Union’ according to the horizontal amendment in Article 2, point 2(a) ToL and in the first paragraph the words ‘acting by a simple majority’ are inserted after the Council in accordance with point 4.
***
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. Article 144 TEC first became Article 144 TFEU (ToL), then to be renumbered Article 160 TFEU in the consolidated versions of the amending treaties (OJ 17.12.2007 C 306/216).
***
Consolidated Lisbon Treaty
After these modest adjustments Article 160 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 115/118–119:
(TITLE X
SOCIAL POLICY)
Article 160 TFEU
(ex Article 144 TEC)
The Council, acting by a simple majority after consulting the European Parliament, shall establish a Social Protection Committee with advisory status to promote cooperation on social protection policies between Member States and with the Commission. The tasks of the Committee shall be:
— to monitor the social situation and the development of social protection policies in the Member States and the Union,
— to promote exchanges of information, experience and good practice between Member States and with the Commission,
— without prejudice to Article 240, to prepare reports, formulate opinions or undertake other work within its fields of competence, at the request of either the Council or the Commission or on its own initiative.
In fulfilling its mandate, the Committee shall establish appropriate contacts with management and labour.
Each Member State and the Commission shall appoint two members of the Committee.
***
The social situation in the European Union 2007
Just as a reminder I recall the general social policy report mentioned in the previous blog post and in the context of the preceding treaty Article.
The Commission’s (Directorate-General for Employment, Social Affairs and Equal Opportunities; Eurostat) latest annual social policy report is called The Social Situation in the European Union 2007 – Social Cohesion through Equal Opportunities (published 2008; 199 pages):
http://ec.europa.eu/employment_social/spsi/docs/social_situation/ssr2007_en.pdf
For a quick take on the findings, you can read the press release issued when the report was published, 22 May 2008 (MEMO/08/326):
http://europa.eu/rapid/pressReleasesAction.do?reference=MEMO/08/326
***
Social Protection Committee: Secondary legislation
If we return to the Social Protection Committee, the following step from a legal point of view is to look at the Council Decision whereby it was established as it exists now.
The current Social Protection Committee was established by Council Decision 2004/689/EC of 4 October 2004 establishing a Social Protection Committee and repealing Decision 2000/436/EC ( published OJ 13.10.2004 L 314/8). Even for those less interested in the legal technicalities, the Recitals (Whereas) laying out the existing rules and the reasons for the new ones are often the beast means to get a quick overview, especially if textbooks and other publications have not been updated at the time.
Based on Article 144 TEC, the Council Decision can be found here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:314:0008:0010:EN:PDF
***
Further reading
The Commission’s Scadplus web pages offer main points of Community legislation in a readable format. The page Social Protection Committee can be found here:
http://europa.eu/scadplus/leg/en/cha/c10119.htm
***
Activities: Lisbon Strategy and social cohesion
Even a lawyer has to admit the existence of other breeds of people, who might be interested in various real life occurrences like the activities of a high-level committee. As a concession to such interests, here are a few references to EU social policy (within the framework of EU law), including the context (Lisbon Strategy for Growth and Jobs) and the open method of coordination (OMC).
The Commission’s Directorate-General Employment, Social Affairs and Equal Opportunities presents information about the activities, with links to additional information. Under the banner of the Lisbon Strategy and its aim to achieve social cohesion, the page The Social Protection Committee lays stress on the open method of coordination (OMC). The links in this regard may be of interest to some readers:
http://ec.europa.eu/employment_social/spsi/social_protection_committee_en.htm
***
Open method of coordination (OMC)
In the context of social cohesion the web page The process: the Open Method of Coordination presents main features of the OMC, including the Commission’s recent proposal to reinforce the open method of coordination for social protection and social inclusion COM/2008/0418 final. There are also links to additional pages on the OMC, i.a. Common objectives, Common indicators, National Strategic Reports:
http://ec.europa.eu/employment_social/spsi/the_process_en.htm
***
Joint reports
Joint reports by the Commission and the Council are further explained on the web page Joint reports:
http://ec.europa.eu/employment_social/spsi/joint_reports_en.htm
***
Joint report 2008
The latest version, the Joint Report on Social Protection and Social Inclusion 2008 (Council document 7274/08) is available here.
http://register.consilium.europa.eu/pdf/en/08/st07/st07274.en08.pdf
The joint report was based on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions - Proposal for the Joint Report on social protection and social inclusion 2008, COM/2008/0042 final, with additional information in document {SEC(2008) 91}, available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0042:FIN:EN:PDF
***
The next spring European Council, this time under the Czech Council Presidency, is looming on the horizon. This means that preparatory documents will start to appear on various aspects of the Lisbon Strategy for Growth and Jobs ahead of the Council formations which finalise the groundwork for the heads of state or government in March 2009.
Ralf Grahn
Saturday, 6 December 2008
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.
***
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.
***
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.
***
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.’.
***
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).
***
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.
***
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.
***
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.
***
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/
***
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.
***
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
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.
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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
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