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Brussels, 14.01.2003

Elmar Brok MEP Contributes His Answers to the Questions of the Mandate of the Work Group "Social Affairs"

based on contributions to this work group as well as on discussions with the workers group of the EPP/ED group in the European Parliament

Question 1: Article 2 of the preliminary draft Constitutional Treaty sets out to define briefly the Unionīs basic values. What basic values should this provision contain in the social field, taking into account those already present in the Charter of Fundamental Rights of the EU?

In addition to the values already covered by the Charter of Fundamental Rights of the European Union, the catalogue of values in the treaty will have to include the principles of the social market economy.

Question 2: Article 3 of the preliminary draft Constitutional Treaty sets out to define the Union's general objectives. To what extent and in what way should these general objectives include social objectives?

It must be stated clearly that the treaty does not, through the simple act of identifying certain objectives, automatically create the corresponding competences and responsibilities. Specific EU competences and responsibilities must be palpably and perceptively discernible - a condition which is not fulfilled by the general objectives of the treaty. This is why Articles 6 and 95 of the EU treaty - in an analogy to the way the treaty deals with environmental politics, public health and consumer protection - must be made to comprise terms which provide the required definition of the shared principles of the European Social Model. Based on this proposition, the following list of objectives needs to be added to Article 2 of the EC treaty in its present form:

• the commitment to reach a high level of employment and to maintain as well as to create high-quality jobs;
• the commitment to work towards high levels of social cohesion and to fight poverty;
• the commitment to increase and improve social protection, based on the fundamental values of solidarity, personality and subsidiarity;
• the commitment to improve the quality of life and living standards of the European citizens.

Question 3: As regards the Union's competences, do you consider that the present competences of the Union/Community in social matters should be modified? If so, what new competences should be conferred on the Union/Community in social matters, and in which category of competences should they be placed?

Social policies should be regarded - like economic policies - as expressions and objects of a common interest which requires the member states to improve the coordination of their pertinent initiatives particularly in those areas which threaten to obstruct the creation of the internal market.

Efficient and democratic decision-making processes can only take root once qualified majority voting has become the basis of legislative decisions and once the principle of workers' co-determination has been applied to all the relevant areas of the EU treaty and the European employment policies.

Due to the wide range of different social security systems (which is a product of the different historical developments the countries in question have undergone), any attempt at creating a centralized European coordination system would be misplaced. A European added value can nevertheless by created by an intensified and improved cooperation of the EU member states. Any such effort will first and foremost have to be targeted at the development of practical solutions which facilitate and encourage cross-border mobility.

This is why - with a view to both the social security systems and the fight against poverty (as agreed in Lisbon) - the method of cooperation between the member states needs to be integrated and firmly anchored in the treaty.

Concerning areas such as the field of free movement of workers the procedure of voting with qualified majority in the Council and co-decision of the European Parliament is necessary also in social security matters.

Question 4: What role could be given to the open method of coordination and what would be its place in the Constitutional Treaty?

The open method of co-ordination is a flexible instrument for the EU to swiftly anticipate changing circumstances by benchmarking and by exchanging information concerning best practices. This instrument cannot be used to take legally binding decisions.

However, the choice of methods and the possibility to apply them differently in each policy area should remain free and transparent; the European Parliament must be able to play its democratic role in this procedure. For these reasons, there is no need to lay down this procedure in the treaty.

Question 5: What relationship can be established between the coordination of economic policies and the coordination of social policies?

For a policy approach that is targeted towards the ambitious objectives of the European Union, such as full employment, the promotion of a high degree of social protection as well as the promotion of economic and social cohesion as envisaged in Article 3 of the preliminary draft Constitutional Treaty, member states and the Community have to develop and pursue a strategy for the better coordination of their policies. In each field of action (economic, monetary, employment and social policy) the appropriate method and procedure should be applied in order to increase the potential for growth and employment.

Quality of public services:
Access to services of general economic interest is vital for territorial and social cohesion. Securing this access without prejudice to the systems of property ownership is part of the European Social Model. These principles are laid down in Art. 16 and Art. 295 TEC.

European Parliament's resolution 2 on "Services of General Interest in Europe" states that an amendment of Art. 16 TEC is not necessary to achieve greater legal certainty and clarity. Over-regulation in the area of general interest services would lead to reduced opportunities for operators and this would mean less benefits for citizens and taxpayers.

Nevertheless the European Union should pursue the development of this sector in order to safeguard such services for the citizens:

As far as secondary legislation, such as the envisaged proposal for a framework directive is concerned

• it should be noted and confirmed, that member states have complete legal freedom to determine important services in the general interest and that this includes, for example, protecting socially weaker customers from unjustifiable exclusion from provision or supply to remote areas at reasonable prices to promote social and territorial cohesion.
• Guidelines should be developed for non-commercial activities, e.g. of social, cultural or charitable nature in order to clarify under which conditions they are exempted from control of subsidies and in principle from the application for EU competition law.

Question 6: Regarding procedures, to what extent should co-decision and qualified -majority voting be extended to matters for which unanimity is currently required?

please see answer to question 3

Question 7: Title VI of the preliminary draft Constitutional Treaty deals with the democratic life of the Union. Should the role of the social partners appear in Title VI and, if so, what should this role be?

The importance of the social dialogue should be stressed in title VI of the future Constitutional Treaty dealing with the democratic life of the Union. In line with the principles of horizontal subsidiarity, the existing rights as defined in article 137.4, 138 and 139 of the treaty have to be retained, which give the social partners the possibility to agree terms and contracts, which will then provide the framework for European Law.

In future, the European Parliament should have the same status as the Council in this procedure.

The shortcomings of the treaty concerning cross-border trade union rights must be addressed by guaranteeing the freedom of assembly and association as well as the right to act collectively and the autonomy of the social partners on a European level. Article 137 which deals with strikes and lock-outs needs to be modified accordingly.

With a view to promoting the social dialogue it should be ensured that all recognized European social partners - whether they represent certain sections / professional groups or whether they transcend such boundaries - must be given access to both the existing institutionalized hearing itself and to adequate resources of scientific support (permanent European infrastructure for social partners).

8. The Role of Social Partners, Churches and Non-Governmental Organizations

Churches, Social Partners and Non-Governmental Organizations have the right to be heard and to express their opinions concerning proposals which deal with their specific field of activity; those opinions should be considered in the process of decision making.

These rights can only be used if the organization concerned has a high degree of representativity.

This procedure should be referred to in title VI article 34 of the draft constitutional treaty.

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The European Union of Christian Democratic Workers (EUCDW) consists of 23 workers' organisations from 15 countries and is an association of the European People's Party (EPP).

responsible: Elmar Brok MEP, President.

EUCDW
European Union of Christian Democratic Workers
c/o EPP, Rue du Commerce / Handelsstraat 10
B-1000 Brussels
E-mail: EUCDW

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