Raising the Profile of Older People at EU Level:
                                         the Case for Change
 

AUTOR : Eurolink Age's
 

                                                Eurolink Age's Position Paper
                                         for the 1996 Inter-Governmental Conference
 
 
 

Contents

     Introduction

     Executive Summary

     I. Background

     II. Specific proposals

        1.Taking account of older people in all EU policies
        2.Laying the foundations for a European Social Policy
        3.Creating a Europe for all her citizens
        4.Bringing the political process closer to the people
 
 

Introduction

This document has been prepared by Eurolink Age as a contribution to the 1996 review of the Treaty on European Union. Article N.2 of the Treaty states that "a
conference of representatives of the governments of the Member States shall be convened in 1996 to examine those provisions of this Treaty for which
revision is provided, in accordance with the objectives set out in Articles A and B". This document should be seen in the context of Article B according to
which, "the Union shall set itself..." [as one of its objectives] "to promote economic and social progress which is balanced and sustainable...".

Eurolink Age, with the support of the European Commission, organised a one-day seminar on 15 May 1995. The purpose was to examine the current limitations in
the EC Treaty with regard to older people, and to explore specific amendments which, if adopted, would allow a coherent policy on behalf of older people to be
pursued at the EU level. A seminar report and a background paper are both available from the Eurolink Age secretariat. We would like to pay tribute to all those
who generously contributed to the seminar: this document has largely been based on their ideas and suggestions.

Our principal contention is that the current Treaty does not provide an adequate basis for the promotion of social progress; and that this is due, at least in part, to the
rapidly changing demographic situation in Europe. We have set out in this document proposals for the amendments to the Treaty which, if adopted by the
Conference, would provide the EU with a sound legal basis on which to promote the social progress to which all Member States are committed, particularly in view
of the changing demographic situation alluded to above.
 

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EXECUTIVE SUMMARY

Eurolink Age calls upon the European Union's Heads of State and Government to seize this opportunity to adapt the Treaty to changing demographic circumstances.
The EU must be ready to play its part in responding to the new social and economic challenges of an ageing population in the Twenty-First Century.

In particular, Eurolink Age would like to see the Inter-Governmental Conference:

attach a Declaration on Older People to the EC Treaty in which the Commission publicly undertakes in all its proposals, and the Member States publicly undertake
in implementing those proposals, to take full account of their effect on older persons;

combine the Agreement on Social Policy, which should be endorsed by the UK, with Articles 117 - 122 of the EC Treaty so as to provide a firm, and unified, basis
for the promotion of social progress at EU level to which the Member States are committed;

redefine Article 117 of the EC Treaty to give equal importance to the standard of living and working conditions of all EU citizens, not only those currently in
employment;

adopt amendments to Article 2(1) of the Agreement on Social Policy to allow for specific Community measures in favour of older people; in particular, the Article
allowing for measures to promote the integration of older people into the workforce and to provide social protection for those with special needs, including the
elderly and other vulnerable groups;

incorporate an enhanced Charter of Social Rights into the EC Treaty, enforceable in the Court of Justice, with particular attention paid to the rights of older people,
the disabled, the young and other potential victims of social exclusion;

clearly outlaw discrimination on grounds of age in the EC Treaty; and specifically outlaw discrimination on grounds of age in the workplace, with such a ban also
applying to the provision of EU funds;

officially recognise NGOs as the third "social partner", along with management and that part of the workforce which is represented by trade unions; and legitimise the
role of charitable organisations and associations in representing the views of citizens at EU level;

write into the EC Treaty a requirement for transparency and openness on the part of all EU institutions, with citizens being assured access to information and granted
direct access to the courts to challenge the legality of EU measures.

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I. BACKGROUND

The profile of the European Union's population is undergoing a profound change. Not only are we witnessing an increase in the number of older people in absolute
terms and as a percentage, but also in the average age of the total population and of the main age groups. Within the group of older people, the over-80s are also
increasing in proportional terms.

The generations born between 1945 and 1965, whose numbers are in some cases 30% higher than those of the generations preceding or following them, will reach
retirement age between 2000 and 2025, with a peak around 2015. The ageing of the population is not simply a demographic matter but has become a challenge for
society as a whole. It has more far-reaching implications than might once have been supposed.

A recent report prepared by the European Commission (the Demographic Situation in the European Union, 1994) identified five principal challenges for our
society from an ageing population:

     expenditure on social protection;
     the organisation of the labour-market;
     the economic and social situation of pensioners;
     the marked increase in leisure time for older people;
     the economic and social usefulness of older people.

Yet the European Union is unable to respond to a single one of these challenges due, in large part, to the fact that it has at present no specific competence to adopt
measures with respect to older people. To date, EU measures having a direct effect on older people have been few and of a very limited nature: such initiatives as it
has, very commendably, taken over the past years have been based, for the most part, upon Article 235 of the EC Treaty.

The amendments to the EC Treaty introduced by the Maastricht Treaty did little to ameliorate this situation. Although the Agreement on Social Policy increases the
powers of the Community to some extent, it suffers from the disadvantage of being applicable only to fourteen Member States. In addition, it envisages measures
primarily in the sphere of employment: access to employment, equality of opportunity within employment and conditions of employment. Welcome thought this is,
there is no provision enabling measures to be adopted in respect of sections of the non-working population such as the elderly, the disabled or the very young: this
lacuna stands in sharp contrast to the Social Charter.

Therefore, although the European Commission has recently indicated that it believes that social policy measures should be founded on a single legal framework to
which all Member States are a party, making the Agreement on Social Policy an integral part of the Social Policy Chapter of the EC Treaty alone would not improve
the powers of the Community to act in support of national measures regarding older people. Further, specific amendments would still be needed.
 

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II. SPECIFIC PROPOSALS

We list our specific proposals for amendments to the Treaty under the following headings:

   1.Taking account of older people in all EU policies
   2.Laying the foundations for a European Social Policy
   3.Creating a Europe for all her citizens
   4.Bringing the political process closer to the people
 

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1. Taking account of older people in all EU policies
 

1.1 As older people fast become the largest group in society, their special needs must be taken into account at the formulation stage of all EU policies. For example,
older people are directly affected by EU policies on transport, financial services, employment, training, public health, research and development, information
technology, equal opportunities, poverty and exclusion, disability, energy, the environment, consumer affairs and tourism, to name but a few. Yet there is no
systematic attempt to assess the effect of these policies on older people.
 

1.2 The Commission and the Member States routinely assess the likely impact of EU policies according to many criteria. For example, each Commission proposal
contains a detailed assessment of its likely impact on small and medium-sized enterprises, on employment and of how it accords with the principles of subsidiarity
and proportionality. Over and above this, assessment of the likely impact of EU policy on the environment and on sustainable growth, on health protection and on the
welfare of animals is required by law.
 

1.3 Eurolink Age would therefore like to see a Declaration on Older People attached to the EC Treaty which could later provide the basis of a separate Treaty Title.
It should read:

"The [Inter-Governmental] Conference notes that the Commission undertakes in all its proposals, and that the Member States undertake in
implementing those proposals, to take full account of their effect on older persons."

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2 . Laying the foundations for a European Social Policy

2.1 Eurolink Age hopes that the UK will sign up to the Agreement on Social Policy; and that the Agreement will be joined to Articles 117 - 122 of the EC Treaty.
We consider that this would provide a firm, and unified, basis for the promotion of social progress at the EU level to which the Member States are committed,
subject to the principle of subsidiarity as laid down in Article 3b of the Treaty.

2.2 We would like to see the emphasis of Article 117 of the EC Treaty redefined to give more importance to the standard of living and working conditions of all EU
citizens, not only those currently in employment. The principal social problems of these citizens, such as unemployment, poverty and exclusion, need to be clearly
recognised and addressed, both at Member State and at EU level. It should read:

"Member States agree upon the need to promote improved working conditions and an improved standard of living for all citizens, so as to make
possible their harmonization while their improvement is being maintained."
 

2.3 We would also like to see some amendments to Article 2(1) of the Agreement on Social Policy to allow for specific Community measures in favour of older
people. In particular, the Article should allow for measures to promote the integration of older people into the workforce; and to provide social protection for those
with special needs, including the elderly and other vulnerable groups.

2.4 Such amendments could be made by the addition of a sixth objective to the five already listed therein, and by amending the fifth. Article 2(1) should read as
follows:

With a view to achieving the objectives of Article 1 [of the Agreement of Social Policy], the Community shall support and complement the activities of the Member
States in the following fields:

     improvement in particular of the working environment to protect workers' health and safety;
     working conditions;
     the information and consultation of workers;
     equality between men and women with regard to labour market opportunities and treatment at work;
     the integration of persons excluded, or liable to be excluded, from the labour market, without prejudice to Article 127 of the Treaty establishing a European
     Community (hereinafter referred to as "the Treaty"), in particular, older persons, the disabled and women;
     social protection of those with special needs, including older people, the disabled and the young."
 

2.5 We consider, lastly, that an enhanced Charter of Social Rights should be incorporated into the Treaty; and that it must be enforceable in the Court of Justice if it
is to be meaningful. Particular attention should be paid to the rights of older people, the disabled, the young and other potential victims of social exclusion.

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3 . Creating a Europe for all her citizens

3.1 Eurolink Age is concerned that older people are in danger of becoming Europe's forgotten citizens. Article 8a(1) states that: "Every citizen of the Union shall
have the right to move and reside freely within the territory of the Member States..". Yet older people wishing to avail themselves of this right are subject to all
sorts of practical, as well as legal, limitations.

3.2 We are therefore convinced that discrimination on the grounds of age must be clearly outlawed in the Treaty; and that the EU must be able to adopt rules to
prohibit such discrimination.

3.3 Article 6 of the EC Treaty should be amended to read:

"Within the scope of application of this Treaty, and without prejudice to any special provisions contained therein, any discrimination on grounds of
nationality, age, sex, race, cultural or social origin, religion, physical or mental disability, sexual orientation, language or political opinion shall be
prohibited.

The Council, acting in accordance with the procedure referred to in Article 189c, may adopt rules to prohibit such discrimination."
 

3.4 Eurolink Age would also like to see a specific ban on discrimination on grounds of age in the workplace where there is a growing, and very worrying, tendency
to sideline older workers. Dramatic evidence of this is provided by the new World Labour Report published by the International Labour Organisation (ILO). The
Report shows that, in several EU countries, older workers have experienced a significant decrease in labour force participation rates since 1970: 70.8% decrease in
the Netherlands, 69.3% in Austria and 66.9% in France.
 
 

3.5 Article 1 of the Agreement on Social Policy should be amended to read:

"The Community and the Member States shall have as their objectives the promotion of employment, improved living and working conditions, proper
social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment, the
outlawing of discrimination on the grounds of age, sex, race, cultural or social origin, religion, physical or mental disability, sexual orientation,
language or political opinion, and the combatting of social exclusion;"

3.6 Such a ban on discrimination would also apply to the EU institutions, as employers and as providers of funds. In particular, all citizens of working age should
have access to the European Social Fund as well as to vocational training, re-skilling and education initiatives.
 

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4 . Bringing the political process closer to the people
 

4.1 Eurolink Age is convinced that much remains to be done to bridge the gap between EU citizens - of all ages - and the decision-making process, which is for
many remote, opaque and inpenetrable. Greater accountability on the part of the EU institutions is also badly needed.

4.2 We consider it vital that relevant NGOs be officially recognised as the third "social partner", along with management and that part of the workforce which is
represented by trade unions. Many NGOs are perfectly placed to make a unique and informed contribution to debates which are not of direct concern to
management or labour, but yet are excluded for legal reasons. This exclusion renders the process of making social policy by collective bargaining at the EU level
unacceptable. The role of the European Parliament in this policy-making process also needs to be clarified if it is to be democratically accountable. We would like to
see Article 118(b) of the EC Treaty and Articles 3 and 4 of the Agreement on Social Policy (which we hope will be combined) amended to read throughout:

"management, labour and representatives of other interested parties".
 
 

4.3 We would also like to see the existing Declaration 23, on cooperation with charitable associations, incorporated into Article 8 of the Treaty. A new Article 8(e)
should read:

"Every citizen of the Union shall have the right to associate with other citizens of the Union with the aim of better representing their interests and
defending their rights."
 

4.4 We would like to see the sentiment behind the existing Declaration 17, on the right of access to information, extended into Article 8 of the Treaty so as to give all
citizens access to EU infromation. A new Article 8(f) should read:

"Every citizen of the Union shall have the right to obtain, upon request copies of all documents emanating from the institutions of the European
Union. Any document not provided by the appropriate institution on receipt of such a request must have previously been categorized as secret
according to agreed criteria, subject to appeal to the European Ombudsman and the Court of Justice."
 

4.5 We believe, in addition, that EU citizens must be given easier and quicker access to Community courts to challenge the legality of EU measures. For, at present,
an individual can only challenge the legality of an EU measure when it can be proved that s/he is directly affected. In other cases, an individual must wait until a
measure has been implemented into national law before it can be challenged. We would therefore like to see all Directives directly applicable, and Articles 173 and
17.

FONTE : http://europa.eu.int/en/agenda/igc-home/instdoc/ngo/eurlink1.htm