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
Showing posts with label employer. Show all posts
Showing posts with label employer. Show all posts
Friday, 5 December 2008
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
Tuesday, 1 April 2008
EU TFEU: Legislating free movement for workers
With about 500 million people the European Economic Area (EEA) offers opportunities for employees and employers, if the conditions are right for labour mobility.
According to the Lisbon Treaty the European Parliament and the Council can legislate to facilitate the free movement for migrant workers, abolishing restrictions and improving job-search.
***
Article 40 of the Treaty establishing the European Community (TEC) is one of those without specific amendments in the Treaty on the Functioning of the European Union (TFEU), brought about by the intergovernmental conference (IGC 2007) in the Treaty of Lisbon (ToL). Cf. OJ 17.12.2007 C 306/54.
***
This leads us to believe that there is cause to look up the current provision, presented in the latest consolidated version of the TEU and the TEC in OJ 29.12.2006 C 321 E/58:
Article 40 TEC
The Council shall, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 39, in particular:
(a) by ensuring close cooperation between national employment services;
(b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;
(c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned;
(d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries.
***
If there are no express amendments, we still have to look out for possible horizontal amendments (here 2(c), OJ 17.12.2007 C 306/41) and the renumbering of Articles in question as well as those referred to (OJ 17.12.2007 C 306/208). In addition, to get a sense of the framework, it is helpful to check the location of the provision (Tables of equivalences, OJ 17.12.2007 C 306/207-208). These exercises lead us to what should be the treaty basis when the Lisbon Treaty has entered into force:
Part Three ‘Policies and internal actions of the Union’
Title III (renumbered Title IV) ‘Free movement of persons, services and capital’
Chapter 1 ‘Workers’
Article 40 TFEU (ToL), renumbered Article 46 TFEU
The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 39 [ToL, renumbered Article 45 TFEU], in particular:
(a) by ensuring close cooperation between national employment services;
(b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;
(c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned;
(d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries.
***
The European Convention to change the substance in Article III-19 of the draft Treaty establishing a Constitution for Europe, but its wording was more straightforward and the legislative instruments were clearer (OJ 18.7.2007 C 169/31).
***
Article III-134 of the Treaty establishing a Constitution for Europe took over the draft text (OJ 16.12.2004 C 310/59-60), but the IGC 2007 opting for ‘Constitution light’ chose not to burden the Lisbon Treaty with such minimal amendments without material bearing.
***
Article 39 TFEU (ToL), renumbered Article 45 TFEU, carries much of its own weight, because the principles of free movement and non-discrimination lend themselves to direct application. Therefore there is less need for the legal base in Article 40 TFEU (ToL), renumbered Article 46 TFEU, than might appear at a first glance.
Another ground for the diminishing importance of specific rules on workers’ free movement is the growing importance of EU citizenship as the basis for individuals’ rights in the European Community (European Union) as a whole.
Because the free movement for workers is the one of the four freedoms potentially concerning the largest group of European citizens, it is somewhat disconcerting that many of the old member states raised barriers against migrant workers from ten new Central European member states in the Accession Treaties for fairly long transitional periods.
If illegal immigration from outside the European Union is seen by many as a potential source of difficulties, surely offering both employees and employers within the European Union improved legal possibilities to match offer and demand should be preferred?
One of the measures to strive for balance between supply and demand is EURES, the European Job Mobility Portal:
http://europa.eu.int/eures/home.jsp?lang=en
Ralf Grahn
According to the Lisbon Treaty the European Parliament and the Council can legislate to facilitate the free movement for migrant workers, abolishing restrictions and improving job-search.
***
Article 40 of the Treaty establishing the European Community (TEC) is one of those without specific amendments in the Treaty on the Functioning of the European Union (TFEU), brought about by the intergovernmental conference (IGC 2007) in the Treaty of Lisbon (ToL). Cf. OJ 17.12.2007 C 306/54.
***
This leads us to believe that there is cause to look up the current provision, presented in the latest consolidated version of the TEU and the TEC in OJ 29.12.2006 C 321 E/58:
Article 40 TEC
The Council shall, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 39, in particular:
(a) by ensuring close cooperation between national employment services;
(b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;
(c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned;
(d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries.
***
If there are no express amendments, we still have to look out for possible horizontal amendments (here 2(c), OJ 17.12.2007 C 306/41) and the renumbering of Articles in question as well as those referred to (OJ 17.12.2007 C 306/208). In addition, to get a sense of the framework, it is helpful to check the location of the provision (Tables of equivalences, OJ 17.12.2007 C 306/207-208). These exercises lead us to what should be the treaty basis when the Lisbon Treaty has entered into force:
Part Three ‘Policies and internal actions of the Union’
Title III (renumbered Title IV) ‘Free movement of persons, services and capital’
Chapter 1 ‘Workers’
Article 40 TFEU (ToL), renumbered Article 46 TFEU
The European Parliament and the Council shall, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, issue directives or make regulations setting out the measures required to bring about freedom of movement for workers, as defined in Article 39 [ToL, renumbered Article 45 TFEU], in particular:
(a) by ensuring close cooperation between national employment services;
(b) by abolishing those administrative procedures and practices and those qualifying periods in respect of eligibility for available employment, whether resulting from national legislation or from agreements previously concluded between Member States, the maintenance of which would form an obstacle to liberalisation of the movement of workers;
(c) by abolishing all such qualifying periods and other restrictions provided for either under national legislation or under agreements previously concluded between Member States as imposed on workers of other Member States conditions regarding the free choice of employment other than those imposed on workers of the State concerned;
(d) by setting up appropriate machinery to bring offers of employment into touch with applications for employment and to facilitate the achievement of a balance between supply and demand in the employment market in such a way as to avoid serious threats to the standard of living and level of employment in the various regions and industries.
***
The European Convention to change the substance in Article III-19 of the draft Treaty establishing a Constitution for Europe, but its wording was more straightforward and the legislative instruments were clearer (OJ 18.7.2007 C 169/31).
***
Article III-134 of the Treaty establishing a Constitution for Europe took over the draft text (OJ 16.12.2004 C 310/59-60), but the IGC 2007 opting for ‘Constitution light’ chose not to burden the Lisbon Treaty with such minimal amendments without material bearing.
***
Article 39 TFEU (ToL), renumbered Article 45 TFEU, carries much of its own weight, because the principles of free movement and non-discrimination lend themselves to direct application. Therefore there is less need for the legal base in Article 40 TFEU (ToL), renumbered Article 46 TFEU, than might appear at a first glance.
Another ground for the diminishing importance of specific rules on workers’ free movement is the growing importance of EU citizenship as the basis for individuals’ rights in the European Community (European Union) as a whole.
Because the free movement for workers is the one of the four freedoms potentially concerning the largest group of European citizens, it is somewhat disconcerting that many of the old member states raised barriers against migrant workers from ten new Central European member states in the Accession Treaties for fairly long transitional periods.
If illegal immigration from outside the European Union is seen by many as a potential source of difficulties, surely offering both employees and employers within the European Union improved legal possibilities to match offer and demand should be preferred?
One of the measures to strive for balance between supply and demand is EURES, the European Job Mobility Portal:
http://europa.eu.int/eures/home.jsp?lang=en
Ralf Grahn
Subscribe to:
Posts (Atom)
Subscribe To Grahnlaw
Posts
All Comments
