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7th Meeting, Brussels, 8 April 2010

Economic and Social Rights in the European Union

By Mr Barabás, EESC (Various Interests' Group)

1.Background

1.1Treaty of Rome

During the history of the European Union the social dimension of European co-operation has played an increasingly significant role complementing economic considerations and development. The Treaty of Rome which established the European Economic Community in 1957 states[1] that „Member States agree upon the need to promote improved working conditions and an improved standard of living for workers, so as to make possible their harmonisation while the improvement is being maintained. They believe that such a development will ensue not only from the functioning of the common market, which will favour the harmonisation of social systems, but also from the procedures provided for in this Treaty and from the approximation of provisions laid down by law, regulation or administrative action.”

1.2The Social dimension

The primary objective of the European Communities was to enhance economic co-operation including the creation of a single market. The social dimension of co-operation was gradually developed too and was strengthened on different levels including legislative measures.The social acquis is the part of community legislation including treaty provisions, regulations, directives, decisions and other legal measures, declarations and resolutions defining the social policy of the European Union. It has expanded greatly since the inception of a common Europe.

1.3Community Charter of Fundamental Social Rights of Workers

The Community Charter of Fundamental Social Rights of Workers[2] was a major step towards the recognition of social rights and was adopted to facilitate the social dimension in the process to establish the internal market as prescribed by the Single European Act in 1986.

The Community Charter of the Fundamental Social Rights of Workers identified twelve areas on the economic and social rights of workers/individuals: freedom of movement, employment and remuneration, improvement of living and working conditions, social protection, freedom of association and collective bargaining, vocational training, equal treatment for men and women, information, consultation and participation for workers, health protection and safety at the workplace, protection of children and adolescents, elderly persons, disabled persons.

1.4Social acquis

The development of the social dimension can also be followed in the treaties of the European Union. The Treaty on European Union (Maastricht Treaty)[3] contains a Protocol on social policy (Protocol 14). In Article I it reiterates that “The Community and the Member States shall have as their objectives the promotion of employment, improved living and working conditions, 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 Amsterdam Treaty (1997)[4] has already included the social provisions within the body of the Treaty.

1.5Social Action Programme

To promote the common social objectives the European Union periodically launches action programmes. Subsequent to the recognition by the European Community to affirm the social dimension of the construction of Europe the first Social Action Programme was created in 1974 to promote the EU’s social objectives summarised in three main areas: the attainment of full and better employment in the Community, the improvement of living and working conditions, and the increased involvement of management and labour in the economic and social decisions of the Community and of workers in companies.

1.6Social Agenda

In 2000 parallel to the announcement of the Lisbon Strategy, the 10-year economic strategy of the European Union, the first Social Policy Agenda (2000-2005)[5] was announced providing a comprehensive and coherent approach in coordinating social policy issues in the European Union. The following Social Policy Agenda for the 2006-2010 period[6]had the intention to facilitate the promotion of a social Europe in a globalised economy and was renewed for 2008-2010[7] to facilitate the conclusion of the Lisbon Strategy.

In the over fifty years of European integration the social policy on the community level was developed gradually and encompasses- including but not limited to - the following areas:

the coordination of social security systems;

equal opportunities and equal treatment;

the application of the open method of coordination in the area of social protection;

meeting the challenges of European societies including ageing, poverty, the fight against social exclusion and corporate social responsibility;

social dialogue;

labour law and health and safety measures.

Financial instruments in support of economic, employment and social policy objectives assist these policies including the European Social Fund established by the Treaty of Rome.

2.Economic and social rights in the Charter of Fundamental Rights

2.1Background

The Charter of Fundamental Rights of the European Union[8] provides certain basic rights to the citizens of the European Union including economic and social rights. The Charter was adopted at the European Council in Nice in 2000. The Charter of Fundamental Rights consolidates in a single document civil, political, economic and social rights previously set out in a number of different international, European and national sources including the European treaties, the case-law of the Court of Justice of the European Union, and the Conventions of the Council of Europe (e.g. the Social Charter of the Council of Europe[9] signed in Turin in 1961). The Charter of Fundamental Rights consolidates and develops the "legal corpus" previously drawn up on human rights, and therefore, also on economic and social rights.

2.2Content of the charter

The Charter of Fundamental Rights of the European Union includes seven chapters divided into 54articles covering the body of political, social, civil and economic rights that the European Union guarantees its citizens. Its preamble states that “the Union is founded on the indivisible, universal values of human dignity, freedom, equality and solidarity”. The fundamental rights are presented in sections titled dignity, freedoms, equality, solidarity and citizens' rights. In addition to the universal human rights, the Charter affirms the principles of democracy and the rule of law.

Economic and social rights underpin the spirit of the Charter and are explicitly mentioned in its titles. Title I on the principles of respect for human dignity and claims that “human dignity is inviolable”. Article 4 and 5 prohibit slavery, forced labour and human trafficking.

Title IIincludes fourteen articles on freedoms, including the freedom of assembly and association. Article 14 on the right to education introduces the right to vocational and continuing training and to free compulsory education. It confers the freedom to choose an occupation and to work and exercise the right of establishment anywhere in the European Union. This right is also extended to third-country nationals authorised to work in the territories of the Member States (Article 15). These rights are followed by recognition of the freedom to conduct a business and the right to property.

Equality is the principle underlying Title III of the Charter, which comprises seven articles affirming respect for cultural, religious and linguistic diversity and the right to equal treatment and opportunities in all areas of life and work. Any discrimination is also explicitly prohibited on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation. A significant part is devoted to the rights of the child (Article 24). Two articles devoted to the rights of the elderly and persons with disabilities seek to promote their social integration and participation in the life of the community.

Title IV recognises solidarityalongside work as a fundamental right of the Union. It recognises the workers' right to information and consultation within the undertaking, the right of collective bargaining and action, the right to strike, the right to protection against unjustified dismissal, the right to working conditions which respect their health and safety, the right to regulate their working hours and to adequate rest periods and leave. It prohibits child labour, defining children as being below the minimum school-leaving age. It recognises the family's right to legal, economic and social protection and protection in cases of maternity, the right to protection from dismissal for a reason connected with maternity and the right to paid maternity leave following the birth or adoption of a child. It establishes the right to social and housing assistance and social protection and healthcare for all those who lack sufficient resources, in accordance with the rules laid down by national and Community laws (Article34). It guarantees the right to public healthcare to ensure a high level of human health protection. Consumers are entitled to access to services of general economic interest and a high level of environmental protection.

Title V concerns citizens' rights. The rights that constitute economic and social rights include freedom of information, and freedom of movement and residence within the territory of the EU.

Title VI concerns justice.

Title VII first define the field of application of the Charter, specifying that its provisions are applicable to the institutions and bodies of the Union with due regard to the principle of subsidiarity and to the Member States only when they are implementing Union law. With regard to the scope of guaranteed rights, Article 52 provides that any limitation on the exercise of the rights recognised by the Charter must be provided for by law and respect the essence of those rights. Any limitations may be made only if they are necessary and meet objectives of general interest or the need to protect the rights and freedoms of others.

Lastly, an article stipulates that nothing in the Charter may be interpreted as restricting human rights and fundamental freedoms as recognised by the Member States' constitutions and international agreements.

3.The role of the EESC in contributing to the social dimension of the European Union

The European Economic and Social Committee as a consultative body has taken part in the formulation and development of the social policy of the European Union in general and incorporation of the social rights in the Charter of Fundamental Rights in particular.

The EESC - as prescribed by the treaties of the European Union - serves as a resource point of consultation in terms of organised civil society in Europe also in the field of social policy and delivers opinions on a regular basis on issues related to social issues. It produced opinions inter alia on social cohesion, the European social model, social protection, social exclusion, the European social agenda. It has published several opinions on economic and social rights including its opinion on “Towards an EU Charter of Fundamental Rights” in 2000[10].

4.Current situation and prospects

The current financial and economic crisis showed for the European Union that in its proactive response to overcome the economic downturn the measures taken within its powers should be flexible and timely enough to maximise their effectiveness. In this context the crisis together with the new institutional arrangements prescribed by the Lisbon Treaty gives the European Union and its decision-making bodies new opportunities to face the challenges of an appropriate level of economic output in Europe without prejudice to the social model and social cohesion. This challenge is among others manifested in the draft of the EU2020 economic strategy drawn up for the 2010-2020 as a successor of the Lisbon Strategy which seeks to assist a competitive social market economy in Europe with increased emphasis on social progress and the concept of the European social model.In this context the new EU2020 strategy of the European Commission contains as one of its pillars under the title “inclusive growth” high-employment as a driving force towards social and territorial cohesion and puts forward seven flagship initiatives including a “European platform against poverty” to achieve its goals.

The entry into force of the Lisbon Treaty on 1 December 2009 gives new impetus to the coherent approach to social policy and social cohesion in the European Union. In this process social dialogue shall serve as one of the main pillars and stakeholders including civil society actors and citizens shall serve participatory democracy in general and social progress in particularcontributing to the strengthening of social policy areas. In this respect the appropriate level of information of best and sustainable practices will serve and promote synergies on European level. The information tools assisting intra and cross-sectoral transfer of know-how will have to be given priority in delivering results in the process of economic recovery.

These European Union policies shall continue to foster a comprehensive approach to assist better governance within a widened framework of coordination for the benefit of socially responsible enterprise and fair competition. In this process the European Economic and Social Committee has a profound role to play as the channel of the voice of organised civil society in Europe towards EU institutions which enables the increase of coordination with national-level stakeholders.

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[1]Treaty establishing the European Economic Community (1957, page 99, Chapter 1: Social provisions, Article 117).

[2]Community Charter of Fundamental Social Rights of Workers (Strasbourg, 9 December 1989).

[3]Treaty on European Union (Official Journal C 191, 29 July 1992).

[4]Treaty of Amsterdam (Official Journal C 340, 10 November 1997).

[5]Social Policy Agenda (COM(2000) 379 final, 28 June 2000.

[6]Social Agenda (COM(2005) 33 final, 9 February 2005).

[7]Renewed Social Agenda (COM(2008) 412 final, 2 July 2008).

[8]Official Journal C 303, 14 December 2007.

[9]Please note: it the document of the Council of Europe and not of the European Council.

[10]SOC/013, 20 September 2000.