Which policies for
the European Union?
For historical reasons, the European Union was built on
an economic foundation initially as a common market then
becoming a single market with the free movement of
individuals, goods, services, companies and capital. The
European Constitution, unprecedented by previous
treaties, contributes a European social model to this
single market.
The
Constitution strengthens Europe's social dimension by
introducing new elements to the spheres of values,
objectives, rights, policy content and the modality of
the decision-making process.
The sphere
of social values, objectives and policies of the
European Union
The
Constitution confirms that the Union is founded on a
certain number of values, especially on that of equality.
It defines these values as common to all of the Member
States, on which their societies are based, especially
in regards to non-discrimination, justice, solidarity
and equality between men and women. A potential Member
State must respect these values in order to accede into
the Union.
The
incorporation of the Charter of Fundamental Rights in
the Constitution also assumes great importance in the
social sphere since it includes "professional freedom
and the right to work,“ as well as “the right to
information and to the consultation of workers within
the company,“ and “the right to negotiation and to
partake in collective action.” The constitutional value
of these fundamental rights guarantees them legal
legitimacy, since these social rights are to be
protected by both national and community judges.
For the very
first time, the European Constitution provides the
European Union with new social objectives: full
employment and social progress, the fight against social
exclusion and discrimination, the promotion of justice,
solidarity between generations, the protection of
children's rights, solidarity and mutual respect between
populations, and the elimination of poverty. There is
also a "social clause" demanding that social
requirements be reflected in all Union policies. These
requirements are "linked to the promotion of a high
level of employment, to the guarantee of adequate social
protection, to the fight against social exclusion, as
well as a high level of education, training and the
protection of human health." In other words, any
European law opposing these objectives might be annulled
by the Court of Justice.
The
Constitution formalizes the role of social partners and
strengthens the dimension of social dialogue.
Innovation
in the decision making procedure in the social domain
The
extension of the qualified majority voting to social
benefits for workers who travel around in the European
Union will guarantee migrant workers and their families
that all periods of work will be acknowledged by
national legal systems in order to guarantee the
entitled benefits.
A European
Union Member State, which believes that such a measure
would be contrary "to fundamental aspects of its social
security system,” will be able to ask the Commission to
devise a new project or to appeal to the European
Council.
The
Constitution also plans for the European Council to have
an opportunity to unanimously agree to utilize qualified
majority voting in a certain number of areas. This might
involve improving co-operation between Member States for
the protection of workers at the termination of
contracts. Furthermore, this includes the representation
and defense of workers’ and of employers’ interests, as
well as the protection of working conditions of citizens
from third world countries, who have working permits to
work within the Union. This element helps eliminate
obstacles in this area since the rule of unanimity is
upheld to decide on a certain number of issues.
Measures
that the European Union may take regarding its social
sphere are mainly those in support of the States by a
qualified majority decision. These include:
- The
improvement of working environments to protect workers'
health and security
- Working
conditions
-
Information and consultation of workers
-
Integration of people excluded from the labour market
- Equal
employment opportunity for men and women
- The fight
against social exclusion and the modernization of social
protection systems
Finally, the
Constitution provides "services of general economic
interest" with a legal founding foundation, enabling EU
institutions to define the principles and conditions
that govern their establishment and functions.
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