Madam President, as draftsman of the opinion of the Committee on Employment and Social Affairs, I will mainly focus on the issue of social fundamental rights. Social fundamental rights form part and parcel of traditional fundamental rights. For example, what use is the right to freedom of expression to someone who, owing to poverty and unemployment, suffers complete social exclusion? There are social fundamental rights which, by their very nature, are identical to and, as such, simply form part of, the traditional civil freedom rights. There is, for example, the right of organisation and association which can be extended to the right of free negotiations on working conditions and the right of conducting collective action. These rights should therefore be included in the first part of the charter. In the case of other social fundamental rights, there should be a link between the way fundamental rights are worded and the effects thereof on the individual. These fundamental rights are thus often described as instruction standards which are implemented by authorities in social legislation. These are, however, no less essential to the charter as basic elements. Quite often, this category of fundamental rights keenly shows up the misconceptions people have as to this charter’s significance at European level. The first misconception is that the EU charter will replace national guarantees for fundamental rights protection, as if, in future, individuals would need to call on the European Union and the European Court rather than their own authorities and courts, and as if fundamental rights on work, housing or social security would all of a sudden become European matters. This is not the case at all. No more so, in actual fact, than is the guarantee of freedom of expression or a fair hearing. The purpose of the charter is to incorporate these fundamental rights in the European institutions and European policy. This is, in fact, a reaction to a second common misconception. It is not the case that the charter would only contain rights for which the European Union would be the first authorised port of call. Even where the Union has no authority at all, policy measures which may be taken by or on behalf of the European Union can still infringe fundamental rights. Accordingly, fundamental rights which cannot be guaranteed at EU level but can be violated by the Union, belong in the charter. I would also like to comment on international treaties with regard to social fundamental rights. The opinion of the Social Committee lists a few of these treaties: the Council of Europe’s European social charter and the ILO’s and UN’s core Convention. In Amendment No 22 to the Duff/Voggenhuber report, I argued that a reference to the ECHR should be placed in Article 6 of the Treaty of the Union, and that a reference to the to the ESC should be placed in the ILO’s and the United Nations’ core Conventions. Another amendment, regarding a more far-reaching alternative, Amendment No 23, stipulates that the ECHR, as well these social international standards should be acceded to. I would like to make one last remark regarding the necessity to establish a broad social basis and to enter into a dialogue with social organisations, even after completion of the charter. We will need to conduct this general discussion then too.

Political group: PSE