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
Single
Treaty
Treaty
Treaty
Treaty

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

NB: principle of attributed powers

I- The social dimension of market

integration
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)

I- The social dimension of market

integration
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

I- The social dimension of market

integration
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?

I- The social dimension of market

integration
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)

I- The social dimension of market

integration
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

I- The social dimension of market

integration
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
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

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

II - EU social policy
Main legislative achievements (2)
stretching the notion of Health and
safety at work (to the extreme?):
The Working Time Directive
(eg. individual opt-out? on-call time?)

II - EU social policy
Main legislative achievements (3)
Information and consultation of employees
General information and consultation
European Works Council
Employee involvement in the European
Company

II - EU social policy
Main legislative achievements (4)
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

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

Re: 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

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
Council & Commission

to

4. Council: examination (and if proposed by the

Commission- recommendations) of MS
5. Council & Commission: joint annual report

III - EU employment policy

Institutional framework for EU
intervention in the EES (2):
Important characteristics:
Employment Committee, targets,
benchmarks
Coherence and stability: multi-annual
programs
Consistency with broad economic guidelines
Controversies

III - EU employment policy

Main achievements/New focus:
EU Headline targets of New Strategy for Jobs
and Growth (June 2010 European Council):
- 75

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

III - EU employment policy

Concluding comments
EU competences: a coordinated strategy
The EES
Main achievements
Incentive measures

Re: 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

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

IV The protection of fundamental

rights in the EU
(1) EU competences and the protection of
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

IV The protection of fundamental

rights in the EU
(1) EU competences and the protection of
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
Main legislative achievements:
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?

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