European Union as an actor in social policy making Course European Social Policy Academic year 2009/2010

1 European Union as an actor in social policy making 2 European Union as an actor in social policy making History of EU involvement in social policy issues; political, legal, and institutional aspects of its influence Programmatic dimension of EU policy making: Lisbon strategy, Open method of coordination, Joint Inclusion Memoranda and National Action Plans

1 European Union as an actor in social policy making 3 The EU institutions The European Parliament The European Council (Council of the EU) with its President The European Commission (with High Representative of the Union for Foreign Affairs and Security Policy, with Directorate General for Employment, Social Affairs and Equal Opportunities) The Court of Justice The Court of Auditors  The European Economic and Social Committee (bridge between the EU and civil society)  The Committee of the Regions  The European Central Bank  The European Ombudsman  The European Investment Bank  The Euroepan Foundation for the Improvement of Living and Working Conditions etc. etc.

1 European Union as an actor in social policy making 4 Social dimension of European Communities/Union: milestones YearEvent 1957The Treaty of Rome 1974Resolution from the Council of Ministers – social action program 1986The Single European Act 1989The Community Charter of the Fundamental Social Rights of Workers 1992The Maastricht Treaty of the European Union 1993Single European Market 1993+Series of papers and action plans on social policy 1997The Amsterdam Treaty 2000The Lisbon strategy (agenda, process) 2009+The Treaty of Lisbon with the Charter on Fundametal Rights

1 European Union as an actor in social policy making : Treaty of Rome The Treaty focused mainly on the goals of economic (and, consequently, political) integration. But the social agenda was also represented: Free movement of workers Equal pay for men and women Support for vocational training Establishment of the European Social Fund (ESF) to help declining economic areas Support for close cooperation in social policy making

1 European Union as an actor in social policy making : Resolution from the Council of Ministers There was launched the social action program: Attainment of full and better employment Improvement of living and working conditions Social dialogue between employers and labour Co-determination of management and labour about economic and social decisions Coordination of national systems of social security to facilitate free movement of labour

1 European Union as an actor in social policy making : Single European Act 1989: Charter of Social Rights 1993: Single European Market Single European Act: Health and safety at work regulated by qualified majority of voting Introduction of social dialogue at European Community level Community Charter of the Fundamental Social Rights of Workers: Minimal social protection standards to be followed by Member States by means of the „soft“ law Single European Market: a part of it was an action program for the development of its social dimension; it launched consultation process mediated by social dialogue

1 European Union as an actor in social policy making 8 Community Charter of the Fundamental Social Rights of Workers (1989) ArticlesRights 1-3Free movement 4-6Remuneration 7-9Improved living and working conditions 10Social protection 11-14Freedom of associations 15Vocational training 16Equal tratment between men and women 17-18Information, consultation and participation 19Health and safety 20-23Protection of children and adolescents 24-25Elderly persons 26Disabled persons 27-30Member States‘ action (implementation)

1 European Union as an actor in social policy making : Maastricht Treaty and follow-up 1992: Maastricht Treaty on European Union with its annex – Agreement on Social Policy Promotion of employment Improvement of living and working conditions Proper social protection Dialogue between management and labour Development of human resources Combating of exclusion Role of the European Commission: to monitor social situation, to consult, to encourage cooperation, to facilitate policy coordination, to set minimum social standards : Two (green/1993 and white/1994) papers on European Social Policy, two action plans on social policy ( , )

1 European Union as an actor in social policy making : Amsterdam Treaty Agreement on Social Policy incorporated into the main body of the Amsterdam Treaty: To combat discrimination based on sex, racial or ethnic origin, religion, or belief, disability, age, or sexual orientation Public health, complementary role of the European Union in health services Coordination and cooperation in national employment policies The Open Method of Coordination: Policy choices remain at the natinal level and European legislation is explicitly excluded National policy choices are defined as matters of common concern Efforts concentrate on reachingcommon objectives and indicators of achievement Governments are willing to present their plans for comparative discussion and to peer review Coordination depends on voluntary cooperation, there are no formal sanctions

1 European Union as an actor in social policy making 11 The European Social Model „The European Social Model, characterized in particular by systems that offer a high level of social protection, by the importance of social dialogue and by services of general interest covering activities fvital for social cohesion, is today based,. Beyond the diversity of the Member States‘ social systems, on a common core of values (such as) democracy, individual rights, free collective bargaining, equality of opportunity and social welfare, solidarity.“ (Nice Summit Presidency Conclusions (2000), quoted in Adnett – Hardy 2005:2-3 )

1 European Union as an actor in social policy making : The Lisbon Strategy Goal: „To make the EU the most competitive and dynamic knowledge-based economy in the world, capable of sustainable economic growth, with more and better jobs and greater social cohesion“ in 2010 by… … preparing the transition to a knowledge-based economy and society (IST, R&D, education, innovation) … modernising the European social model, investing in people and combating social exclusion … applying an appropriate macro-economic policy mix. At the Goteborg Summit in 2002 there was adopted a broader interpretation of sustainable development, consisting of economic, social and environmental pillars. As a consequence, the goal of a sustainable environmental development was added to previous Lisbon strategy goals. The main tool of the Lisbon Strategy is the Open Method of Coordination.

1 European Union as an actor in social policy making 13 Main areas of EU engagement in social policy making With legislative backing: Free movement of workers (EURES portal) Coordination of social security (MISSOC – mutual inforamtion system on social protection) Working conditions – workers¨rights, occupational health and safety Industrial relations Gender equality Equal treatment Applying the Open Method of Coordination: European Employment Strategy Social inclusion, including fight against poverty Pensions Health care Long-term care Education and youth Migration (evolving)…

Charter on Fundamental Rights (2009) as a part of the European primary law Dignity Freedom Equality Solidarity Citizenship Justice 1 European Union as an actor in social policy making 14

1 European Union as an actor in social policy making 15 Core EU instruments: Legislative instruments – „Hard Regulation“: treaties directives regulations recommendations Political instruments – „Soft regulation“ EC communications CM resolutions Green and white books strategies, action programs and plans Fiscal instruments – „Steering by Euro“: EU budget allocates about 10% to social policy targets through European Social Fund (ESF), PROGRESS, European Globalisation Adjustment Plan (EGF) etc. Judiciary instruments – activities pof the European Court of Justice Indirect political impact – „spillovers“: Competition Law, free movement of services, capital and labour…

The review of European Social Policy – Problems and Achievements Problems: Constitutional assymetry between economic and social policy Huge social, economic and cultural discrepancies between member states Impact of global crisis on employment and living conditions Achievements: Working abroad Social security coverage abroad Easy access to medical treatment while travelling Institutionalized social dialogue at the EU level Policy learning through benchmarking Legislative harmonisation of varioius areas of human conditions 1 European Union as an actor in social policy making 16

1 European Union as an actor in social policy making 17 European Union as an actor in social policy making Core literature: Golinowska, St., Hengstenberg, P., Zukowski, M.,eds. (2009) Diversity and Commonality in European Social Policies. The Forging of a European Social Model. Warsaw: Wydawnicztwo Naukowe Scholar and Friedrich Ebert Stiftung, especially Chapter III European social policy (supranational), pp Complementary literature: Adnett, N. – Hardy, St. (2005) The European Social Model. Cheltenham: Edward Elgar. Deacon, B. with Hulse M. and Stubbs P. (1997) Global Social Policy. London: SAGE Publications. National Action Plan on Social Inclusion (2005) Prague: Ministry of Labour and Social Affairs. In Czech: Národní akční plán sociálního začleňování (2005) Praha: Ministerstvo práce a sociálních věcí. Mishra R. (1999) Globalization and the Welfare State. Cambridge: Edward Edgar. The social situation in the European Union. (2002) Luxemburg: European Commision.