EU Social Policy

What do you understand by EU social policy, and to what extent can social policy at EU level be justified '' with reference to particular policy area?

The definition of EU social policy and the issue of whether a social dimension is necessary for the successful operation of the Single Market have been two of the most controversial areas in EU law since the implementation of the EEC Treaty 1957. The first part of this essay will get to grips with the meaning and development of EU social policy, and its legal basis. The second part will outline the extent to which social policy at EU level can be justified using the examples of a particular policy area.

Defining EU social policy

Article 117 EC states: “Member States agree upon the need to promote improved working conditions and an improved standard of living for workers, so as to make possible their harmonisation while the improvement is being maintained. They believe that such a development will ensure not only from the functioning of the common market, which will favour the harmonisation of social systems, but also from the procedures provided in this Treaty and from the approximation of provisions laid down by law, regulation or administrative action”.

In other words, the signatory countries agreed that the European Communities would make sure that a framework is established that will provide to the individuals living within this community social security. This was interpreted to mean: socio-economic rights, human rights, citizenship rights, the principle of non-discrimination (particularly in relation to nationality), rights to education, vocational training, public health, consumer protection as well as anti-racist programmes and general strategies relating to poverty and social exclusion.

The legal basis on which the Community lays its actions and decision-making within the social policy area is founded upon statutory and case law. In particular, Article 119 [141] EC provides the only firm legal obligation to provide equal pay for equal work. However, the rest of the social policy provisions are very fragile. Articles 100[94] and 235[308] EC which could provide a legal basis for the substantive provision of EC social policy require unanimity voting. However, as Sciarra explains they have triggered mechanisms which justified their use.

On the other hand, Article 118 EC empowers the Commission to promote cooperation in the social field. In particular, the Article states: “Without prejudice to the other provisions of this Treaty and in conformity with its general objectives, the Commission shall have the task of promoting close co-operation between Member States in the social field, particularly in matters relating to: employment, labour law and working conditions, basic and advanced vocational training, social security, prevention of occupational accidents and diseases, occupational hygiene, the rights of association, and collective bargaining between employers and workers”.

The Economic and Social Committee has a mandate to work with the European Commission before delivering any opinions on matters relating to EU social policy. The Commission, on the other hand, has an obligation to act only having consulted the Member States. Finally, before any action is taken, there needs to be detailed consultations with interested parties and studies on problems arising at national level and on those of concern to international organisations.

The extent to which EU social policy can be justified: the example of

The provisions relating to social policy and all its aforementioned elements are geographically scattered in the various establishing and amending treaties. They are also very conceptually diffuse. However, this is only one of the difficulties that describe this area of EU policy. The second difficulty refers to the various objections that some member states expressed, and which refers to the compatibility of the notion of social policy and the European Community.

Using the example the organisation of working time, the United Kingdom brought a case against the European Council under Article 173[230] EC for the annulment of the Directive 93/104/EEC. The UK claimed that by issuing this directive to regulate how working time is organised in member states, the Council was acting without a legal basis, was in breach of the principle of proportionality, misused its powers and infringed essential procedural requirements. The UK argument however was not accepted by the European Court of Justice who stated “…Article 118a confers upon the Community internal legislative competence in the area of social policy. The existence of other provisions in the treaty does not have the effect of restricting the scope of Article 118a”.

This case opened the way for the development of more social policy measures. These could be developed without being subordinated to pure economic considerations. This could mean that the Council and the Commission could act within the social policy area even when a problem is not economic related.

As a result, the extent to which EU bodies can act within the area of social policy is defined through: (a) The Social Policy Protocol and Agreement; (b) The new social policy measures in the EC Treaty; (c) The Economic and Social Cohesion, which is one of the six priority areas in the completion of the Internal Market (d) The Treaty of Amsterdam (e) The Treaty of Nice (f) case law.

Put another way, as with all their activities and regulations, the Commission and the Council have to remain within the remit and powers conveyed by them by the establishing treaties and the ECJ’s case law. This limitation is in accordance with the principle of subsidiarity as this is defined in Article 3b of the Rome Treaty. This restricts the Community to act only within “the powers conferred upon it by [the treaties]”.

Bibliography

• Foster, N. Blackstone's EC legislation, 2004/2005. (2004) Oxford: Oxford University Press.
• Sciarra, S. ‘European Social Policy and Labour Law – Challenges and Perspectives’, Collected Courses of the Academic of European Law, Volume IV, Book 1, (1995) 301-340.

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