No C 12/2 Official  Journal  of the European  Communities 17.1.76 
II 
(Preparatory  Acts) 
ECONOMIC  AND  SOCIAL  COMMITTEE 
Opinion  on the proposal  for a Council  Regulation  amending  Council  Regulation  (EEC) 
No 1612/68  as regards  the extension  of trade  union  rights  in favour  of the workers  who 
move  within  the Community 
The text  referred  to the Committee  was  published  in Official  Journal  of the European 
Communities  No  C 221  of 27 September  1975,  page  3. 
A. LEGAL  BASIS  FOR  THE  OPINION 
On 22 September  1975,  the  Council  referred  the  abovementioned  proposal  to the 
Economic  and  Social  Committee  in accordance  with  Article  100  of the Treaty  estab-
lishing  the European  Economic  Community. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its opinion  on the above  matter  at its 
134th  plenary  session,  held  in Brussels  on 29 and 30 October  1975. 
The full text of the opinion  is as follows: 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE, 
Having  regard  to  the  Treaty  establishing  the 
European  Economic  Community,  and  in particular 
Articles  48, 49 and  100  thereof, 
Having  regard  to the request  for an opinion  made  by 
the Council  on 22 September  1975, 
Having  regard  to the decision  taken  by its Bureau  on 
23 September  1975,  instructing  the Section  for Social 
Questions  to draw  up an opinion  and  a report  on the 
matter, 
Having  regard  to the  opinion  by the  Section  for 
Social  Questions  at its meeting  on 16 and 17 October 
1975,  and  the oral  report  made  by the Rapporteur, 
Mr van  Rens, Having  regard  to the discussions  at its 134th  plenary 
session  held  on 29 and  30 October  1975  (meeting  of 
30 October), 
Whereas  in its opinion  on the action  programme  in 
favour  of migrant  workers  and  their  families,  the 
Committee  comments  on the exercise  of trade  union 
rights  and  allied  public  law  rights,  and  on  the 
exercise  of civic  and political  rights, 
HAS  ADOPTED  THE  FOLLOWING  OPINION 
by a unanimous  vote: 
1. The  Economic  and  Social  Committee  endorses 
the Commission's  proposal. 
17.1.  76 Official  Journal  of the European  Communities No C 12/3 
2. The  right  of migrant  workers  to belong  to trade 
unions  and  exercise  trade  union  rights  (including 
voting  rights)  has  been  recognized  since  1968.  What 
the Commission  is now  proposing  is a necessary  and 
logical  extension  of that  right. 
In effect,  the  Commission  wants  the  Council  to 
endorse  the current  practice  in the Member  States.  It 
should  be added  that  the proposal  is in line  with  the 
Treaty's  Article  48 on freedom  of movement  for 
workers.  Article  48, in fact,  provides  that  'freedom  of 
movement  shall  entail  the  abolition  of  any 
discrimination  based  on nationality  between  workers 
of the  Member  States  as  regards  employment, 
remuneration  and  other  conditions  of work  and 
employment'. 
3. This  amendment  to  Regulation  (EEC)  No 
1612/68  was  promised  in the  action  programme  in 
favour  of migrant  workers.  It accords  with  the 
recommendations  made  by the  Economic  and  Social 
Committee  on numerous  occasions.  For  instance,  in 
its opinion  on  the  abovementioned  action 
programme,  the  Committee  expresses  the  view  that 
'migrant  workers  from  Member  States  ought  to enjoy 
trade  union  rights  in the widest  sense  of the term'. 
4. The  Committee,  however,  deplores  the  EEC 
authorities'  delay  in amending  Article  8 of Regulation 
(EEC)  No  1612/68.  Article  8 (2)  provides  for  a 
review  within  two  years. 
5. The  Committee  would  also  point  out  that  the 
Commission  proposal  does  not  authorize  foreign 
workers  to take  part  in the  'management  of a body 
governed  by  public  law,  or  to hold  an  office governed  by public  law'.  As the proposal's  explanatory 
memorandum  indicates,  this  question  will  be 
examined  in connection  with  the  implementation  of 
the action  programme  in favour  of migrant  workers. 
This  actioh  programme  calls  for  elimination  of 
'the obstacles  which  still  exist  in certain  Member 
States  with  regard  to the  exercise  of trade  union 
rights,  including  the right  to participation  as a trade 
union  representative  in the management  of public  law 
bodies  and  for the exercise  of public  law  office'.  The 
Committee  very  much  hopes  that  this  goal  of the 
action  programme  and  the  goals  relating  to the 
exercise  of civic  and  political  rights  will  be embodied, 
as soon  as possible,  in formal  Commission  proposals 
to the Council.  In this  connection,  and  with  respect 
to the  rights  of migrant  workers  from  outside  the 
EEC  whose  position  is governed  by  bilateral 
agreements  between  non-member  countries  and  host 
countries,  the  Committee  would  refer  to its opinion 
on the action  programme. 
6. Therefore  Article  8 of the Regulation  (EEC)  No 
1612/68  should  if possible  be further  amended  so as 
to give  Community  migrants  as of now  the  right  to 
participate  in the  running  of bodies  governed  by 
public  law,  and  to hold  offices  governed  by public 
law. 
7. Regulation  (EEC)  No  1612/68  applies  to 
Community  migrants  only,  but  non-Community 
migrant  workers  should  have  the  same  public  law 
rights  as Community  migrants  and  national  workers. 
The Committee  would  therefore  reiterate  the 
recommendation  —  made  in its  opinion  on  the 
migrant  workers'  action  programme  —  that 
appropriate  legislation  be enacted. 
Done  at Brussels,  30 October  1975. 
The Chairman 
of the Economic  and  Social  Committee 
Henri  CANONGE