Muir Presentation

EU Social Policy

23.5.2011 Dr. Elise Muir Assistant Professor at Maastricht University

Outline Historical introduction

I- The social dimension of market integration

II- EU social policy

III- EU employment policy

The cohesion policy IV- The protection of fundamental rights in the EU

Historical introduction The social dimension of EU integration Overview of main historical landmarks:

Treaty of Rome Single European Act Treaty of Maastricht Treaty of Amsterdam Treaty of Nice Treaty of Lisbon

NB: principle of attributed powers


Objectives of European integration:

Eg.art.2 EEC (Rome): The Community [] shall have as a task of promoting: [] an accelerated raising of the standard of living []

See new wording of Art. 3(2) FEU Available tools:

Eg.art.2 EEC: by establishing common market

ie. free movement of factors of production N.B.: provisions on sex equality in the Rome Treaty (see Part IV)


Cross-border movement of economic actors

Free movement of workers, services and establishment Prohibition of:

direct discrimination on grounds of nationality indirect discrimination on grounds of nationality

measures liable to hinder the exercise of free movement rights


Cross-border movement and the welfare State (1)

A national of Member State A has an economic activity in Member State B, he/she shall receive equal treatment with nationals of State B (employment + social advantages):

Coordination of national social security systems

Unfair burden on the Host State?


Cross-border movement and the welfare State (2)

From cross-border movement of economic actors to that

of NON ECONOMIC actors

EU citizenship & equal treatment rights Unfair burden on the Host State? (eg. education)


Cross-border movement and race to the bottom/social dumping

Free movement of factors of production

Unfair competition between national labour laws?

Eg. Posted Workers Directive

Eg. ECJ, Laval, C-341/05


Cross-border movement and enlargement

UK, Ireland, Denmark Greece Portugal, Spain Sweden, Finland, Austria +10 Romania, Bulgaria

Transitional restrictions 2+3+2y.

I- The social dimension of market integration Concluding comments Market integration in the EU, cross-border movement: of economic/non-economic actors and the welfare state and race to the bottom/social dumping and enlargement

Re: Outline Historical introduction





II - EU social policy Objectives of European integration:

Eg. art.2 EU (Maastricht): The Community [] shall have as a task of promoting: [] a high level of employment and social protection, the raising of the standard of living []

Available tools: [ESA: art. 118(a) EC on health & safety] Maastricht: Protocol on social policy Amsterdam (& Lisbon): Title X FUE on social policy

II - EU social policy EU competences in the field of social policy:

To support and complement Member States, in relation to (Art.153 TFEU):

(a) workers health and safety (b) working conditions (c) social security and social protection (d) protection of workers after contract (e) the information and consultation of workers (f) representation and collective defence of the interests of workers and employers (g) conditions of employment for third-country nationals legally (h) the integration (i) equality between men and women (j) social exclusion (k) the modernisation of social protection systems

II - EU social policy EU competences in the field of social policy:

To encourage cooperation and facilitate coordination Member States, in relation to (Art.156 TFEU): 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.

II - EU social policy Modes of EU intervention:

-Measures to encourage cooperation

-Directives (minimum requirements for gradual implementation) in the fields identified in art. 153 TFEU (a) to (i)

- Studies, opinions, consultations, guidelines, indicators, best practices, periodic monitoring and evaluation

II - EU social policy Institutional framework for EU intervention:

Directives (art. 153 TFEU (a-i))

Principle: Ordinary legislative procedure Exception (c,d,f,g): a special legislative procedure, (bridging clause for d,f,g)

NOTE: EU level social dialogue -> collective agreement -> directive

II - EU social policy Main legislative achievements (1)

early days, EU social policy & completion of the common market:

-Employment protection directives:

collective redundancies acquired rights insolvency

-Health & safety at work


stretching the notion of Health and safety at work (to the extreme?):

The Working Time Directive (eg. individual opt-out? on-call time?)


Information and consultation of employees General information and consultation European Works Council Employee involvement in the European Company


as a result of EU social dialogue:

Cross-industry agreements -> directive

Parental Leave Part time work Fixed term work Temporary work

Other agreements eg. sectoral, telework

EU competences Institutional framework for EU intervention Main legislative achievements

EU social policy & market integration Health and safety at work Main achievements on social policy EU collective bargaining

II - EU social policy Concluding comments

Soft-law approaches to EU social policy: Open methods of coordination

III - EU employment policy Objectives of European integration:

Eg. art.2 EU (Maastricht): The Community [] shall have as a task of promoting: [] a high level of employment and social protection, the raising of the standard of living []

Available tools: Amsterdam (& Lisbon): Title IX FUE on social policy

III - EU employment policy EU competences in the field of employment policy

Eg. art. 145 TFEU

Member States and the Union shall [] work towards developing a coordinated strategy for employment and particularly for promoting a skilled, trained and adaptable workforce and labour markets responsive to economic change []

III - EU employment policy Modes of EU intervention:

An Open Method of Coordination for Employment

= The European Employment Strategy (E.E.S.)

+ EU encourages cooperation, supports and complement

III - EU employment policy Institutional framework for EU intervention in the EES (1):

1. European Council: Conclusions based on joint Council & Commission report

2. Council (et al.): Employment Guidelines

3. Member States: report on implementation to Council & Commission

4. Council: examination (and if proposed by the Commission- recommendations) of MS

5. Council & Commission: joint annual report

Employment Committee, targets, benchmarks

Coherence and stability: multi-annual programs

Consistency with broad economic guidelines Controversies

III - EU employment policy Institutional framework for EU intervention in the EES (2):

Important characteristics:

III - EU employment policy Main achievements/New focus:

- 75

EU Headline targets of New Strategy for Jobs and Growth (June 2010 European Council):

Lisbon 2020 Number 1: 75% employment rate for women and men 20-64 (young, older, migrants)

EU competences: a coordinated strategy The EES Main achievements

III - EU employment policy Concluding comments

Incentive measures

IV The protection of fundamental rights in the EU Foundations and objectives of European integration:

Eg. art.2 EU (Lisbon): The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights []

art.3(1) EU (Lisbon): The Unions aim is to promote peace, its values and the well-being of its peoples.

Available tools

IV The protection of fundamental rights in the EU Available tools

(1) EU competences and the protection of fundamental rights

(2) EU anti-discrimination law and policy

IV The protection of fundamental rights in the EU (1) EU competences and the protection of

fundamental rights

Attributed competences and fundamental rights policy

Protection of fundamental rights in the implementation of EU (internal and external) policies

Protection of fundamental rights and membership of the EU


fundamental rights Protection of fundamental rights in the implementation of EU policies

- ECJ, Internationale Handelsgesellschaft, 11/70 (general principles of EU law)

- Art.6 TEU (Lisbon): EU Charter of fundamental rights legal value membership of ECHR general principles of EU law


fundamental rights

Protection of fundamental rights and membership of the EU

Art. 49 TFEU (Lisbon): Membership

Art.7 TEU (Lisbon): Member States rights 1. Clear risk of a serious breach: 1/3 MS or EP or Com -> 4/5 Council + EP consent 2. Serious and persistent breach: 1/3 MS or Commission -> 100% Council + EP consent -> may decide to suspend certain Treaty rights

IV The protection of fundamental rights in the EU (2) EU anti-discrimination law and policy

EU competence to fight sex discrimination (Treaty of Rome!!!)

EU competence to fight discrimination based on grounds of (Treaty of Amsterdam):

race or ethnic origin religion or belief disability age sexual orientation

IV The protection of fundamental rights in the EU (2) EU anti-discrimination law and policy

Sex - in matters of employment & occupation - in access to and supply of goods & services

Race or ethnic origin

- horizontal Religion/belief, age, disability, sex. orientation

- in matters of employment & occupation - other: proposal pending?

Main legislative achievements:

IV The protection of fundamental rights in the EU (2) EU anti-discrimination law and policy Important characteristics:

Direct and indirect discrimination Positive action? Equality bodies (sex, race/ethnic origin) Victimisation Partial shift in burden of proof

IV The protection of fundamental rights in the EU Concluding comments EU competences and the protection of

fundamental rights EU anti-discrimination law and policy Discrimination & EU citizenship

Conclusion Evolution of social ambitions and tools

The social dimension of market integration

EU social policy

EU employment policy

Enhancing fundamental rights protection EU competences & the protection of fundamental rights

EU anti-discrimination law

Sex equality in employment

& beyond

Conclusion

Challenge: define of social and identify common policy objectives

Grant relevant EU competences and institutional mechanisms for intervention

Assessment of achievements

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Muir Presentation

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