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Amsterdam: an insufficient revision

                                          AUTOR : european anti-poverty network
 

                                                                    July 1997

At its meeting on 16 and 17 June 1997, the European Council adopted a Treaty draft which is due to be signed in October in Amsterdam. The negotiations have
produced certain limited advances, particularly on social issues and fundamental rights, but the overall result is somewhat disappointing. It would not seem that the
new Treaty will allow the Union to meet the challenges it faces - rapid economic and social change, the rise of exclusion and the enlargement of the European Union
- as the 21st century approaches.

EAPN has committed considerable time and effort to the issue of the revision of the Treaties which, in its view, was a unique occasion to establish the foundations of
a social Europe closer to the needs of the people and able to face up to the challenges brought by the globalisation of economies and poverty in European societies.
EAPN has generated and led a broad debate amongst its member organisations and has drawn up constructive proposals which it has disseminated widely, and in
particular to governments.

The present document examines the results of the IGC in relation to the demands made by EAPN concerning the revision of the Treaty. It focuses on the following
issues: the objectives of the Union, fundamental rights, the non-discrimination clause, services in the public interest, employment, and social provisions.

EAPN must now mobilise on two separate fronts: on the one hand, attempt to make the best possible use of the limited advances achieved, in particular in the fight
against social exclusion and discriminations and the positioning of employment as a real priority, and on the other, continue to make proposals so that the forthcoming
revision of the Treaties allows the Union to face up to the challenges it must now meet.

1- THE OBJECTIVES OF THE UNION

                 The Amsterdam Treaty
                                                                              Observations of EAPN
 The objectives of the Union include the promotion of a high level of
 employment

 (modification of Article B of the TEU1) Article 2 of the TEC1 has
 been modified: it includes within the missions of the Community, the
 promotion of equality between women and men and the promotion
 of a high degree of competitiveness and convergence of economic
 performance between the Member States.
                                                    EAPN requested that the objective of social cohesion which had already been listed in the
                                                    original Treaty should be developed in such a way as to include the fight against poverty and
                                                    social exclusion. This has not been done. The objective of full employment requested by EAPN
                                                    was not retained either by the negotiators, who limited their action to aligning Article B of the
                                                    TEU with Article 2 of the TEC, which already had a stated objective of `a high level of
                                                    employment'.

                                                    EAPN welcomes the promotion of equality between women and men as an objective of the
                                                    Community.

                                                    Whilst recognising that the European economy must be competitive, EAPN regrets that the
                                                    competitiveness of the economy has been promoted to the rank of objective of the Union
                                                    rather than being considered as a means by which objectives already agreed (such as a high
                                                    level of employment and social protection and improvements to the quality and standard of
                                                    living) can be achieved and to which it must be subordinate.
 
 

2- FUNDAMENTAL RIGHTS

                The Amsterdam Treaty

 The preamble to the Treaty of the European Union (TEU) confirms
 the attachment of Member States to fundamental social rights as
 defined in the Social Charter of the Council of Europe (signed in
 Turin in 1961) and in the Community Charter on the fundamental
 social rights of workers of 1989. These two charters are also
 referred to in the revised version of Article 117 of the TEC on
 social policy. The new Article Fa in the Treaty of the European
 Union (TEU) provides for the suspension of `certain of the rights
 resulting from the application of the provisions of the Treaties' for
 any State found guilty of `serious and persistent breach of the
 principles listed in Article F, paragraph 1' (liberty, democracy,
 respect of human rights and fundamental freedoms and the rule of
 law).
                                                                              Observations of EAPN

                                                    EAPN welcomes the reference to the social charters (that of the Council of Europe and the
                                                    Community charter) as well as the addition of the new Article Fa. EAPN also requested the
                                                    Union's adhesion to international mechanisms for the protection of fundamental rights to which
                                                    the Member States are signatory parties. This idea was not upheld. This would have constituted
                                                    a meaningful statement and would have been a clearer guarantee of the Union's commitment to
                                                    the promotion of fundamental rights.

                                                    EAPN's request that any person residing legally on Union territory for at least 5 years should be
                                                    given European citizenship was not taken into consideration either.
 

3- NON DISCRIMINATION CLAUSE

                The Amsterdam Treaty

 A new Article 6A in the TEC stipulates that `the Council, acting
 unanimously (...), may take appropriate action to combat
 discrimination based on sex, racial or ethnic origin, religion or belief,
 disability, age or sexual orientation'.
                                                                              Observations of EAPN

                                                    EAPN welcomes this modification to the Treaty. However, it is regrettable that the text
                                                    presented by the Irish presidency in December last year has not been kept: the term `social'
                                                    (social origin) which appeared in the Irish text (and which appeared in the proposals submitted
                                                    by EAPN) has disappeared from the new Treaty. Furthermore, the requirement for unanimity
                                                    and the optional nature of the provision means there is a risk of its content being diluted.
                                                    Furthermore, EAPN feels that the simple fact of forbidding discriminatory measures will not
                                                    make for a society based on equal opportunities for all. It would have been necessary also to
                                                    add to the Treaty provisions allowing for the adoption of measures aiming to actively promote
                                                    equal opportunities for all. However, progress can be made if the Union adopts more precise
                                                    Directives on the basis of this article. It will all depend upon the political will of the Member
                                                    States.
 

4- SERVICES IN THE PUBLIC INTEREST

                The Amsterdam Treaty
                                                                              Observations of EAPN
 A new Article 7D of the TEC recognises services of general
 economic interest as part of the shared values of the Union and
 emphasises their role in the promotion of social and territorial
 cohesion.
                                                   This, without doubt, constitutes progress compared to the previous situation. Until Amsterdam
                                                   indeed, the Treaty practically ignored services in the public interest. It now remains to give the
                                                   bones some flesh.
 

5- EMPLOYMENT

                 The Amsterdam Treaty
 

 The Treaty includes a new chapter on employment which includes 6
 articles and 2 declarations.

 Article 1 provides for the co-ordination of employment policy, in
 particular through the promotion of a `skilled, trained and adaptable
 workforce'.

 Article 2 makes the Member States employment policies subordinate
 to the major economic policy guidelines.

 Article 3 mentions the objective of a high level of employment in the
 Community.

 Article 4 defines the ways in which the Member States should
 co-ordinate their employment policy: an annual report on the
 employment situation, the adoption of guidelines which are compatible
 with the major orientations of economic policy, the possibility for the
 Commission to communicate recommendations to the Member States.

 Article 5 provides for the adoption of incentive measures in the area
 of employment (for example, programmes), decided on the basis of
 qualified majority voting.

 Article 6 provides for the creation of an employment committee of an
 advisory nature which will be responsible for monitoring changes in the
 employment situation, formulating opinions and promoting the
 co-ordination of employment policies between the Member States.
 Provisions concerning this committee include consultation with the
 social partners.

 The two declarations which are annexed to the employment chapter
 provide a restrictive framework to the provisions of Article 5.
                                                                               Observations of EAPN
 

                                                      EAPN welcomes the inclusion of a chapter on employment in the TEC, but feels that
                                                      although this is certainly useful, it does not constitute a real advance compared to the `Essen
                                                      process' which already existed.

                                                      In a somewhat unbalanced way, Article 1 of the employment chapter emphasises only one
                                                      of the components of employment policy: training of a suitable and adaptable workforce.

                                                      Articles 2 and 4 clearly indicate that employment policy in the Member States continues to
                                                      be subordinate to the major economic policy guidelines, whilst EAPN had hoped that the
                                                      employment dimension would be taken fully into consideration in the preparation of these
                                                      guidelines, in order to make employment a real priority of economic policy.
                                                      EAPN welcomes the provisions concerning the adoption of `incentive measures in the area of
                                                      employment' which are includes in Article 5 of the chapter on employment, but regrets that
                                                      the 2 declarations annexed to this article limit the scope of those provisions.
                                                      EAPN had hoped that Article 6 would also provide for the employment committee's
                                                      consultation of the organisations which represent the unemployed or of those working with
                                                      them.

                                                      EAPN also hoped that the employment chapter would make reference to new, emerging
                                                      forms of paid employment and to the development of the social economy. This reference is
                                                      absent from the text adopted.

                                                      In conclusion, the chapter on employment, on the contrary to the provisions concerning
                                                      economic and monitory union adopted at Maastricht, do not contain binding measures in
                                                      respect of the Member States, nor indeed does it contain sanctions; it can only really be
                                                      useful if the political will of the Member States allows it to be.
 

 6 - SOCIAL MEASURES
                 The Amsterdam Treaty
 

 The agreement on social policy which had been excluded from the
 Maastricht Treaty, has been incorporated with several slight
 modifications:

 Article 117, which presents the objectives of the Community's social
 policy, refers to the Council of Europe Social Charter and the Charter
 on workers' fundamental social rights.

 In addition, Article 118 allows for the adoption on the basis of
 qualified majority voting of "measures designed to encourage
 co-operation between Member States through initiatives which aimed
 at improving knowledge, developing exchanges of information and
 best practices, promoting innovative approaches and evaluating
 experiences in order to combat social exclusion"
                                                                               Observations of EAPN
 

                                                      EAPN welcomes the inclusion of the agreement on social policy with the possibility of
                                                      adopting incentive measures to combat social exclusion on the basis of qualified majority
                                                      voting (Article 118). EAPN regrets however, that at the last moment, the elderly and
                                                      persons with a disability were excluded from Article 118.

                                                      EAPN also hoped that the social chapter would be modified in two areas:

                                                      · the introduction of mechanisms to evaluate the social impact of all Community policies;

                                                      · the recognition of the role of the associations through a civil dialogue between the
                                                      Community institutions and the associations operating in the social field...

                                                      EAPN regrets that no progress has been made on these two crucial points.
 
 
 

1 - Since the European Council meeting in Amsterdam did not go through with the expected simplification of the Treaty, the functioning of the Union continues to be
governed by the TEC (the Treaty establishing the European Community) and by the TEU (the Treaty on European Union).

FONTE : http://europa.eu.int/en/agenda/igc-home/instdoc/ngo/eapn3en.htm