social europe. topics social policy in the ec/eu european labor environment free movement of...

Social EuropeSocial Europe

TopicsTopics

Social Policy in the EC/EUSocial Policy in the EC/EU European LaborEuropean Labor EnvironmentEnvironment Free Movement of Persons and Free Movement of Persons and

ImmigrationImmigration

Social Policy in EC/EUSocial Policy in EC/EU

What is “Social Policy” about?What is “Social Policy” about? HistoryHistory Women Women Institutional articulation of Social PolicyInstitutional articulation of Social Policy DGsDGs

Social Policy – What? (1)Social Policy – What? (1)

The worker/employee dimension of integrationThe worker/employee dimension of integration Employment and wagesEmployment and wages Protections and rights at workProtections and rights at work Participation in decision-makingParticipation in decision-making Vocational trainingVocational training

The welfare dimensionThe welfare dimension Social security (in the European sense) and other Social security (in the European sense) and other

“citizen” benefits: social insurance and redistributive “citizen” benefits: social insurance and redistributive policypolicy

Social Policy – What? (2)Social Policy – What? (2)

The free movement dimensionThe free movement dimension Transportable qualifications, certifications, and Transportable qualifications, certifications, and

benefits (eg pensions)benefits (eg pensions)

Collective presence and involvement on the Collective presence and involvement on the EC/EU levelEC/EU level ““Social dialogue”Social dialogue” Industrial democracy and collective bargainingIndustrial democracy and collective bargaining

European Social FundEuropean Social Fund Corrective action to internal market effectsCorrective action to internal market effects

Social Policy – History (1)Social Policy – History (1)

Treaty of RomeTreaty of Rome ““Neoliberal” biasNeoliberal” bias

The “social” as re-enforcement of market liberalization and The “social” as re-enforcement of market liberalization and competition (to avoid “social dumping”)competition (to avoid “social dumping”)

Strong “ambiguity” in the language of Article 117Strong “ambiguity” in the language of Article 117 Social improvement will result from common marketSocial improvement will result from common market Social improvement will result from “law, regulation or Social improvement will result from “law, regulation or

administrative action”administrative action”

Lack of clarity about responsible institutions – Lack of clarity about responsible institutions – Commission or Council?Commission or Council?


Social Policy emerges: 1969/72 – 1980Social Policy emerges: 1969/72 – 1980 Social Action Program (adopted 1974)Social Action Program (adopted 1974)

40 initiatives in 3 priority areas: employment, living and 40 initiatives in 3 priority areas: employment, living and working conditions, participationworking conditions, participation

Employment directivesEmployment directives Worker participationWorker participation

European Company Statute (proposed)European Company Statute (proposed) Fifth directive on structure of public limited companies Fifth directive on structure of public limited companies

(proposed)(proposed)

Equal treatment for women and menEqual treatment for women and men Health and safety regulationHealth and safety regulation


Contrasting trends of the 1980sContrasting trends of the 1980s De-regulatory climate questions the De-regulatory climate questions the

approach of “partial alignment”approach of “partial alignment” Flexible and minimally regulated labor markets Flexible and minimally regulated labor markets

as the priorityas the priority Labor costs as paramount concern in the face of Labor costs as paramount concern in the face of

competition (both internal and global)competition (both internal and global)

Emerging consensus about “subsidiarity”Emerging consensus about “subsidiarity” Val Duchesse and Social dialogue (1985)Val Duchesse and Social dialogue (1985)


The 1980s (cont’d)The 1980s (cont’d) SEA and the Social Charter (1989)SEA and the Social Charter (1989) Social Action Program (47 initiatives by the Social Action Program (47 initiatives by the

Commission) to accompany Social CharterCommission) to accompany Social Charter The Treaty of MaastrichtThe Treaty of Maastricht

The “Social Protocol” (Protocol on Social The “Social Protocol” (Protocol on Social Policy) to which an “Agreement” is annexedPolicy) to which an “Agreement” is annexed Eleven of the twelve Member States (UK 1997)Eleven of the twelve Member States (UK 1997) A complex legal precedentA complex legal precedent


The Treaty of Maastricht (cont’d)The Treaty of Maastricht (cont’d) The Economic and Social CommitteeThe Economic and Social Committee

Strengthened roleStrengthened role Strong presence of organized labor (one of the Strong presence of organized labor (one of the

“social partners”)“social partners”)

Broad implications of EU citizenshipBroad implications of EU citizenship Relation between strong citizenship and high Relation between strong citizenship and high

common social standards (social solidarity)common social standards (social solidarity)

Social Policy – Women (1)Social Policy – Women (1)

The issuesThe issues Equal pay: embodied in Treaty of RomeEqual pay: embodied in Treaty of Rome Equal treatment: not in Treaty of Rome but pursued Equal treatment: not in Treaty of Rome but pursued

as an extension of equal payas an extension of equal pay Others: pregnancy and maternity, sexual Others: pregnancy and maternity, sexual

harassment, “atypical workers,” childcareharassment, “atypical workers,” childcare

The proactive 1970s: three directivesThe proactive 1970s: three directives Equal Pay Directive (1975)Equal Pay Directive (1975)

Applies “equal pay” principle of Treaty of Rome as same Applies “equal pay” principle of Treaty of Rome as same work or work of equal valuework or work of equal value


The proactive 1970s (cont’d)The proactive 1970s (cont’d) Equal Treatment Directive (1976)Equal Treatment Directive (1976)

No discrimination on grounds of sex in access to No discrimination on grounds of sex in access to employment, promotion, vocational training or employment, promotion, vocational training or working conditionsworking conditions

Social Security Directive (1978)Social Security Directive (1978) No discrimination in certain aspects of state No discrimination in certain aspects of state

social security social security

Creation of Equal Opportunities Unit in DG5Creation of Equal Opportunities Unit in DG5


Implementation and StudyImplementation and Study Actions Programs: 1982-85, 1986-90, 1991-Actions Programs: 1982-85, 1986-90, 1991-

9595 See See Bulletin: SupplementBulletin: Supplement 3/86 for “vision thing” 3/86 for “vision thing”

Liberal (“far-reaching”) rulings of European Liberal (“far-reaching”) rulings of European Court of JusticeCourt of Justice

Sexual harassment legislation adopted in Sexual harassment legislation adopted in 2002, applicable in 20052002, applicable in 2005

Social Policy – Social Policy – InstitutionsInstitutions(1)(1)

The “Big Picture”The “Big Picture” Social policy as a crucial “turf” of European nation-Social policy as a crucial “turf” of European nation-

state sovereignty, especially in postwar era: state sovereignty, especially in postwar era: differences are the normdifferences are the norm

Social policy approach as ideological divide Social policy approach as ideological divide between more “socialist” interventionist approach between more “socialist” interventionist approach and more “neoliberal” flexible and voluntarist and more “neoliberal” flexible and voluntarist approachapproach

The central role of the CommissionThe central role of the Commission Early efforts of Commission to be more proactive Early efforts of Commission to be more proactive

thwarted by Member States (1960’s)thwarted by Member States (1960’s)

Social Policy – Social Policy – Institutions (2)Institutions (2)

The Commission (cont’d)The Commission (cont’d) Social policy revival in 1970’s requires Social policy revival in 1970’s requires

Council + Commission initiativeCouncil + Commission initiative Jacques Delors’ strong personal Jacques Delors’ strong personal

commitment to “the social” (social space) in commitment to “the social” (social space) in his implementation of Single Market initiative his implementation of Single Market initiative of late 1980’sof late 1980’s

Bias of the Commission towards Bias of the Commission towards interventionist approach to social policyinterventionist approach to social policy


The Commission (cont’d)The Commission (cont’d) Yet tempered by new accent on flexibility, Yet tempered by new accent on flexibility,

subsidiarity, and the overall preference of subsidiarity, and the overall preference of the EC for deregulation and international the EC for deregulation and international competitivenesscompetitiveness Subsidiarity and “mutual recognition” replace Subsidiarity and “mutual recognition” replace

“partial alignment” (a form of harmonization) as “partial alignment” (a form of harmonization) as guiding principle of social policy initiativesguiding principle of social policy initiatives


Decision-makingDecision-making SEA introduces QMV for social policy SEA introduces QMV for social policy

initiatives required to implement internal initiatives required to implement internal marketmarket Strong for health and safety regulationStrong for health and safety regulation

Social Protocol to Maastricht Treaty extends Social Protocol to Maastricht Treaty extends QMV to certain other areas for 11 signersQMV to certain other areas for 11 signers Working conditions, information and consultation Working conditions, information and consultation

of workers, equality between men and women, of workers, equality between men and women, and integration of unemployed into labor marketand integration of unemployed into labor market


Decision-making (cont’d)Decision-making (cont’d) Unanimity still required for worker Unanimity still required for worker

participation, social security, protection of participation, social security, protection of third-country nationalsthird-country nationals

European Social FundEuropean Social Fund The main policy instrument for social policyThe main policy instrument for social policy Shift in emphasis from dealing with specific Shift in emphasis from dealing with specific

effects of internal market adjustment to the effects of internal market adjustment to the general problem of unemploymentgeneral problem of unemployment


European Social Fund (cont’d)European Social Fund (cont’d) Assimilation since 1988 into Structural Assimilation since 1988 into Structural

Funds has generated:Funds has generated: Substantial increase in amount of funds availableSubstantial increase in amount of funds available Shift to aiding less developed countries and Shift to aiding less developed countries and

regionsregions In sum, part and parcel of “cohesion policy”In sum, part and parcel of “cohesion policy”

Specific funding to vocational trainingSpecific funding to vocational training

Social Policy - WebsitesSocial Policy - Websites

DGsDGs Click on the following DGs:Click on the following DGs:

Employment and Social AffairsEmployment and Social Affairs Link “Employment and Social Affairs”Link “Employment and Social Affairs” Search engine for labor: ETUC, European Search engine for labor: ETUC, European

Framework AgreementFramework Agreement EnvironmentEnvironment Justice and Home AffairsJustice and Home Affairs

Link “Free movement”Link “Free movement”

European Labor (1)European Labor (1)

Organized labor and European integration: Organized labor and European integration: Complexities and issuesComplexities and issues Early enthusiasm for integration (eg, for ECSC) gives way to Early enthusiasm for integration (eg, for ECSC) gives way to

concern with neoliberal and economic emphasis of EEC concern with neoliberal and economic emphasis of EEC (Treaty of Rome) (Treaty of Rome)

Organized labor’s own fragmentations complicates its early Organized labor’s own fragmentations complicates its early attitudes and rolesattitudes and roles Very different national traditions and bargaining frameworksVery different national traditions and bargaining frameworks Broad ideological divisions: Socialist (majority, broad consensus), Broad ideological divisions: Socialist (majority, broad consensus),

Communist, and Christian unionsCommunist, and Christian unions Pre-existing international (not only European) organization Pre-existing international (not only European) organization

roughly defined by these ideological tendencies: ICFTU is the big roughly defined by these ideological tendencies: ICFTU is the big oneone

The founding of the ETUC in 1972The founding of the ETUC in 1972


The ETUCThe ETUC A confederation of national trade union confederationsA confederation of national trade union confederations European-wide (not only EC or EU) but with a focus on EC/EU European-wide (not only EC or EU) but with a focus on EC/EU

mattersmatters Secretariat in BrusselsSecretariat in Brussels Specialized roles of internal unitsSpecialized roles of internal units

15 Industry Committees (sectoral specialty)15 Industry Committees (sectoral specialty) 10 Interregional Trade Union Councils (cross-border, or regional, 10 Interregional Trade Union Councils (cross-border, or regional,

specialty)specialty) Close liaison with the EUClose liaison with the EU

Partial funding from EUPartial funding from EU Separate subdirectorate of DG 10 (information, communication, Separate subdirectorate of DG 10 (information, communication,

culture)culture) European Trade Union Institute (since 1978) – research and European Trade Union Institute (since 1978) – research and

educationeducation


Social dialogueSocial dialogue Two componentsTwo components

Participation of labor and management in EC/EU Participation of labor and management in EC/EU decision-making (official role)decision-making (official role)

Dialogue between labor and management at Dialogue between labor and management at European level (voluntary, non-official role with European level (voluntary, non-official role with official EC/EU support)official EC/EU support)

Strength and coherence of labor side Strength and coherence of labor side through ETUCthrough ETUC


Employer/management side: less Employer/management side: less organizational coherence and focusorganizational coherence and focus UNICE – largest group, represents national UNICE – largest group, represents national

employers’ confederationsemployers’ confederations CEEP – small, represents individual state-owned CEEP – small, represents individual state-owned

enterprises (eg in sectors of transport, enterprises (eg in sectors of transport, telecommunications, energy, banking and telecommunications, energy, banking and finance)finance)

The “Val Duchesse” Movement 1985 onThe “Val Duchesse” Movement 1985 on The Commission (initiated it) plus the three The Commission (initiated it) plus the three

organizationsorganizations


Topics of Val DuchesseTopics of Val Duchesse Growth, employment and investmentGrowth, employment and investment Fostering and facilitating the social dialogueFostering and facilitating the social dialogue New technologiesNew technologies Education and trainingEducation and training Results:Results:

““Working parties”Working parties” Joint OpinionsJoint Opinions


Val Duchesse (cont’d)Val Duchesse (cont’d) Results (cont’d)Results (cont’d)

European Framework Agreement (1990, more European Framework Agreement (1990, more intensive bilateral opinion between ETUC and intensive bilateral opinion between ETUC and CEEP)CEEP)

Proactive (and effective) role in inserting Proactive (and effective) role in inserting presence of social partners in institutional presence of social partners in institutional revisions in Maastricht Treatyrevisions in Maastricht Treaty

Enhanced role of Economic and Social CommitteeEnhanced role of Economic and Social Committee Related role of new Committee of the RegionsRelated role of new Committee of the Regions

Environment (1)Environment (1)

Two core ideas: sustainable development and Two core ideas: sustainable development and environmental policy integration (EPI)environmental policy integration (EPI)

At once an “old area” and a (very) “new area”At once an “old area” and a (very) “new area” Environmental Action Programs since 1973Environmental Action Programs since 1973 Only since 1997 is the core notion of “Environmental Only since 1997 is the core notion of “Environmental

Policy Integration” on the tablePolicy Integration” on the table

A strong history of pro-environment rhetoric, A strong history of pro-environment rhetoric, but a weak history of actionbut a weak history of action


The problems and challengesThe problems and challenges The old regulatory-based approach conflicts The old regulatory-based approach conflicts

with competitiveness and especially with the with competitiveness and especially with the preference for de-regulatory, “bottom-up” preference for de-regulatory, “bottom-up” approaches to integrationapproaches to integration

The theoretical framework (source of guiding The theoretical framework (source of guiding principles for environmental policy) of principles for environmental policy) of “sustainable development” may work well at “sustainable development” may work well at the macro level (“win-win”) but not at lower the macro level (“win-win”) but not at lower levels (local, sectoral, national, etc.)levels (local, sectoral, national, etc.)


Environmental assessment and action Environmental assessment and action needs to penetrate all sectors as an integral needs to penetrate all sectors as an integral element of their planning, not as separate element of their planning, not as separate targettarget ““It implies that policy-makers in non-It implies that policy-makers in non-

environmental sectors recognize the environmental sectors recognize the environmental repercussions of their decisions environmental repercussions of their decisions and adjust them when they undermine and adjust them when they undermine sustainable development.” (Andrea Lenschow, sustainable development.” (Andrea Lenschow, Environmental Policy IntegrationEnvironmental Policy Integration, p. 7), p. 7)


Environment as a theme of the treatiesEnvironment as a theme of the treaties SEA: first legal basis for general environmental SEA: first legal basis for general environmental

policy and for integrating environmental policy and for integrating environmental considerations into policy-making in all areasconsiderations into policy-making in all areas

TEU (Maastricht): Makes integration of TEU (Maastricht): Makes integration of environmental protection mandatory and states as environmental protection mandatory and states as task of the Community “to promote … a harmonious task of the Community “to promote … a harmonious and balanced development of economic activities, and balanced development of economic activities, sustainable and non-inflationary growth respecting sustainable and non-inflationary growth respecting the environment.” the environment.”


Environment in the treaties (cont’d)Environment in the treaties (cont’d) Amsterdam (1997): sustainable Amsterdam (1997): sustainable

development as a fundamental objective of development as a fundamental objective of EU – environment raised to top agendaEU – environment raised to top agenda

ResultsResults Lots of systematic action to insert Lots of systematic action to insert

environmental considerations into all areas environmental considerations into all areas of EU activityof EU activity


Results (cont’d)Results (cont’d) Strong on process, uneven effectivenessStrong on process, uneven effectiveness Sectoral differences in terms of impactSectoral differences in terms of impact

CAP: major and complex problems in integrating CAP: major and complex problems in integrating environmental prioritiesenvironmental priorities

Transport: despite lingering difficulties of controlling Transport: despite lingering difficulties of controlling pollution, etc., important progress in developing pollution, etc., important progress in developing substantive EPI guidelines and performance indicatorssubstantive EPI guidelines and performance indicators

Possible promising area is regional development Possible promising area is regional development and cohesion policy (Agenda 2000)and cohesion policy (Agenda 2000)

Free Movement and Free Movement and Immigration (1)Immigration (1)

The story of Immigration is European-The story of Immigration is European-wide and, throughout most of the period, wide and, throughout most of the period, has been approached almost exclusively has been approached almost exclusively on the national levelon the national level

Free movement, on the other hand, is a Free movement, on the other hand, is a key principle of integration from the startkey principle of integration from the start Intra-EC movement of labor primarilyIntra-EC movement of labor primarily Treatment of third-country nationals as one Treatment of third-country nationals as one

particular focus of legislationparticular focus of legislation


Issues related to the “reality picture”Issues related to the “reality picture” Intra-EC movement is very small, especially Intra-EC movement is very small, especially

on the labor front, since the 1970son the labor front, since the 1970s Persistent high unemployment is a Persistent high unemployment is a

disincentive for intra-EC movementdisincentive for intra-EC movement Transportability of protections and rights (the Transportability of protections and rights (the

gains of social policy) make the employment gains of social policy) make the employment of EU nationals less attractive to employersof EU nationals less attractive to employers

Linguistic, cultural barriers remain strongLinguistic, cultural barriers remain strong


Immigration (legal and illegal) provides a Immigration (legal and illegal) provides a “way out” but also a different kind of “way out” but also a different kind of “social dumping”“social dumping” Immigrants find work in low-level, low-wage Immigrants find work in low-level, low-wage

jobs, even in high unemployment economiesjobs, even in high unemployment economies Immigrants are not subject to EC/EU Immigrants are not subject to EC/EU

protections and benefits that EU nationals protections and benefits that EU nationals enjoyenjoy


The challenge of an EU Immigration PolicyThe challenge of an EU Immigration Policy The real issue is not rates of employment or The real issue is not rates of employment or

unemployment (competition for jobs) but rather the unemployment (competition for jobs) but rather the “match” or “fit” of immigrant labor to the needs of an “match” or “fit” of immigrant labor to the needs of an economy at any given timeeconomy at any given time

A “common policy” can contribute to promotion of A “common policy” can contribute to promotion of “match” or “fit” situations throughout the EU, where “match” or “fit” situations throughout the EU, where otherwise this might not occurotherwise this might not occur


EU Immigration Policy (cont’d)EU Immigration Policy (cont’d) One kind of proposal designed to fit this One kind of proposal designed to fit this

scenario is “recruitment-rotation.” Hire labor scenario is “recruitment-rotation.” Hire labor (through recruitment) from outside the (through recruitment) from outside the Community to fill vacancies not expected to Community to fill vacancies not expected to be filled by intra-EC labor. Limited contract be filled by intra-EC labor. Limited contract duration. Hope that complementary duration. Hope that complementary domestic employment will be created in this domestic employment will be created in this way, contributing to growthway, contributing to growth

social europe. topics social policy in the ec/eu european labor environment free movement of...

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