Opinion of the Committee of the Regions on the 'Report of the Comité des Sages: For a Europe of civic and social rights` (97/C 244/11)

THE COMMITTEE OF THE REGIONS,

having regard to the final report - for a Europe of civic and social rights - adopted by the Comité des Sages in October 1995;

having regard to its decision on 18 September 1996, under the fourth paragraph of Article 198 c of the Treaty establishing the European Community, to deliver an opinion on this subject and to direct Commission 8 - Economic and Social Cohesion, Social Policy and Public Health - to draw up this opinion;

having regard to the draft opinion (CdR 79/97 rev.) adopted by Commission 8 on 7 April 1997 (rapporteur: Mr Bodfish),

unanimously adopted the following opinion at its 18th plenary session on 11 and 12 June 1997 (meeting of 11 June).

1. Introduction

The work of the Comité des Sages was foreseen in the European Commission's Medium Term Social Action Programme 1995-97 (SAP). The SAP envisaged the creation of the Comité des Sages to look at the future of the Community Charter of the Fundamental Social Rights of Workers in connection with the reform of the EU Treaties. In fact the Comité des Sages decided to expand its remit to report more widely on the question of civic and social rights. The Comité des Sages' report was first presented to the March 1996 Social Policy Forum, organized by the European Commission.

The Social Action Programme seeks to build upon European Union social policy, believing that Europe needs a broadly-based, forward looking and innovative social policy if it is successfully to meet the challenges ahead, not least the economic ones. 'We cannot have a competitive economic climate in a society which has high levels of unemployment, poverty, crime, and poor health and educational under-achievement.` (Padraig Flynn).

2. A social Europe

The main tenet of the Comité des Sages report is that the next step for Europe, following on from an economic union, is a social union. It asserts that all European States are social entities who respect the rights of their citizens and therefore Europe already has a social dimension.

The Comité des Sages calls for a strengthened social Europe which builds upon the existing social rights of Member States and that as a first stage those existing rights, where there is obvious consensus, should be incorporated into the Treaty at the next IGC. Beyond this a second stage will involve a process of consultation and deliberation on the rights and obligations of citizens of the Union. 'Rights should be evolved in a democratic process based on the principle of active citizenship`. The aim would be to draw up a complete list of civil and social rights for presentation to a future IGC in four or five years' time.

The Committee of the Regions agrees that civic rights and social rights are now interdependent and that 'initially, i.e. in conjunction with the current IGC, the Treaty should incorporate certain fundamental social and civic rights and should reflect the Union's determination to formulate a bill of rights to guide us at the dawn of the 21st century`.

The Committee of the Regions wishes to draw attention to the significant input made by local and regional authorities into social policy and social provision and the importance of these proposals to the role of local and regional authorities and the provision of local services. The Committee of the Regions would also wish to contribute and to be consulted upon the changes necessary to effect a strengthened social Europe.

The strength of local and regional authorities in these matters lies in the fact that they:

- already, de facto, play a major role in social policy in all countries of the union;

- are large scale employers who not only have a responsibility to their own employees on issues such as equal opportunities, training and health and safety but also, in a wider sense, have a role in creating the conditions for economic development and growth;

- are primary providers in the fields of education, training, social housing, social and welfare services, transport, health promotion and the environment.

3. The proposals

The remit of the Comité des Sages was to review the future of the Community Charter of Fundamental Social Rights of Workers in connection with the review of the European Treaties. These initial proposals, therefore, in the main, seek to change the Treaties and formulate a bill of rights, so the most immediate and direct effects of the proposals will be upon the structures and operation of the European Union itself. Beyond these changes it is recognized that the entanglement of social and civil rights' demands that there should be a bill of rights and a full list of civic and social rights and duties.

The effects of these proposals will develop slowly and local and regional authorities do not expect to feel their full effect before the turn of the century. However, the Committee of the Regions wishes, at this point, to make the voice of local and regional authorities heard to ensure that the changes proposed are in accordance with the priorities and values of local and regional authorities themselves. Values such as the promotion of equal opportunities and participative citizenship are of importance to local and regional authorities and the Committee of the Regions wishes to ensure that local and regional authorities are recognized by all Member States as key defenders of democracy and promoters of citizenship. The Committee of the Regions wishes now to ensure that local and regional authorities are in the vanguard of these proposals and the champion of them when they begin to bear fruit.

4. Implications for local and regional authorities

The proposals will affect local and regional authorities directly as they take shape following changes to the Treaties and the formulation of a bill of rights. These will have implications for local and regional authorities as:

- Employers;

- Custodians of the community;

- Social providers;

- Facilitators of civil rights;

- Enablers of democratic participation - local governance;

- Regulators - health and safety, for instance;

- Eradicators of social exclusion.

Local and regional authorities have a role in the Comité des Sages proposals.

5. Specific comments on the various chapters of the Rapport des Sages

5.1. Take a detailed look at our concepts of work, activity and employment in Europe to ensure that the policies we pursue enable people to take their rightful place in society

As the concept of work, activity and employment changes then local and regional authorities both as an employer and as a facilitator of economic growth and community regeneration need to change. Flexible working and different patterns of full-time and part-time work should be introduced and facilitated. Similarly recreational activities, access to voluntary work opportunities, child care, educational and training opportunities need to be made available to accommodate the needs of citizens within this new working environment.

5.2. Decide in what way our welfare state should be restructured to make it a more effective force for competitiveness and social cohesion and to realize each individual's full potential

The COR supports changes to improve the structure of the welfare state and the emphasis on investment in social rights and social protection machinery. This is consistent with the principle of preventive rather than curative action and would prevent heavy costs falling on the welfare state for health care or care for an ageing population. The COR notes that such changes would require local and regional authorities to reconsider their allocation of resources and to realign the provision of services.

5.3. Facilitate practical policies to enable men and women to reconcile their family responsibilities and professional activities

The COR agrees that family responsibilities and work commitments should be more intertwined and shared between partners. As employers, local and regional authorities need to be able to accommodate this but also, as social providers, local and regional authorities need to provide or enable the infrastructure that will promote this in order to eliminate the discrimination from which women still suffer.

5.4. Nurture the emergence of a new generation of civic and social rights, reflecting technological change, enhanced awareness of the environment and demographic change

The COR supports strengthening of civic and social rights. Local and regional authorities play a key role in ensuring active citizenship. They have an obligation in the conduct of their affairs to promote civic and social rights. Allied to this is the need to strengthen Community governance which local and regional authorities have already recognized.

5.5. Initiate Stage 1, at the forthcoming IGC, by enshrining in the Treaties a basic set of fundamental civic and social rights in the form of a bill of rights

The COR supports the incorporation of rights on which there is already broad agreement into the Treaty at the next (i.e. 1997) IGC. Local and regional authorities are already protectors or defenders of rights, enshrined in present laws, which are designed to protect either the community at large or individuals. The COR believes that the right to local self government also falls within the framework of citizens' rights. The principle of regional and local autonomy, as defined in the Council of Europe's Charter of Regional Self-Government and Charter of Local Self-Government, should be incorporated into the Treaty at the 1997 IGC as two general principles of Community law derived from the shared constitutional traditions of Member States.

5.6. Include among the rights mentioned under point 5.5 a ban on any form of discrimination

The COR believes that the prevention of discrimination and exclusion of disadvantaged or minority groups should be a well established principle in society and welcomes the Comité des Sages' call for this principle to be extended throughout the Union, with immediate force of law, once it has been incorporated into the Treaties. It is also suggested that the Union adopts a coordinating and experimental role in terms of combating social exclusion. Members of the Committee of the Regions are at the forefront of policies and initiatives that are designed to combat social exclusion and there is a role and opportunity here for local and regional authorities to aid the spread of best practice.

5.7. Rather than acceding to the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950, introduce special arrangements for legal remedy in respect of fundamental rights in the form of a Union-specific appeal court made up of non-permanent judges from the Member States' constitutional or supreme courts

The COR believes that streamlined and low cost methods of safeguarding rights are necessary. Ombudsmen should be used where appropriate.

5.8. Make provision for an article in the new Treaty to set in motion a wide-ranging, democratic process of compiling, at Union level, a full list of civic and social rights and duties. Initiated by the European Parliament, on a proposal from the Commission, this process, which must closely involve the national parliaments and which would require input both from the traditional social partners and from non-governmental organizations, should culminate in a new IGC within five years' time

The COR strongly supports the underlying principle here and stresses that, as the EU body closest to the citizen, it must also be consulted during the process of compiling a list of civic rights and duties. In considering the timing of a further IGC, however, the impact in terms of public attitudes to the EU needs to be considered.

5.9. Extend structural fund eligibility to measures designed to promote fundamental social rights

As stated in the final declaration of the October 1996 European Parliament/COR Conference on a Europe based on democracy and solidarity, the COR believes that the principle of economic and social cohesion constitutes the practical expression of solidarity among the peoples of Europe. An extension of structural fund eligibility to measures promoting social rights would enable local and regional authorities to initiate comprehensive measures designed to combat both economic and social disadvantage more effectively.

5.10. Extend the Community domain to include immigration and asylum policy and policy on entry, movement, and residence for the citizens of non-member countries

The COR notes that the proposals on immigration and asylum policies, rights of movement and residence have implications for local and regional authorities not only as employers, but also as providers of services. Local and regional authorities will need to review carefully what services they provide and how they are provided.

5.11. Extend the Community domain to combat drug abuse and trade in illegal drugs

The COR welcomes any additional support from the European Union to supplement the efforts of Member States and local and regional authorities in policies to prevent the consumption of drugs, to reduce drug abuse and to suppress the drugs trade. These policies must also influence policy for the prevention of discrimination against and exclusion of drug addicts.

5.12. Set out the concept of public utility services in that such basic services often condition the way certain social rights can be exercised

If the Union is to seek to define what is termed 'public utility services`, basic services or access to services, the COR notes that a resultant duty is put upon local and regional authorities to provide or ensure access to basic services such as transport or housing for its citizens.

6. Policy implications for local and regional authorities

The Committee of the Regions, as a body close to its citizens, supports an enhancement of the concept of citizenship and the proposal by the Comité des Sages to make changes to the Treaties and to introduce a bill of rights which would seek to address the issues raised by unemployment, social exclusion and an inadequate sense of citizenship. The COR notes that the main tenets are:

6.1. The concept of work, activity and employment needs to change if people are to take their rightful place in society. Flexible working allows men and women to reconcile work and family responsibilities. Different models of full-time work, which allow periods of paid activity to alternate with training or free time devoted to other activities, reduce the tendency for the marginalization and exclusion of individuals.

6.2. The welfare system needs to be overhauled as a key component of European economic effectiveness, social exclusion of disadvantaged groups must be minimized, and a co-ordinated response to an ageing population agreed.

6.3. Citizenship of the union should mean that every citizen is able to realize his or her full potential, should feel able to participate in the Union and attached to it. The COR firmly believes that local and regional authorities are key players in bringing the Union and its policies closer to the citizen.

6.4. A core of minimum social standards needs to be established if the enlargement and globalization of Europe is to be successful; states seeking membership of the Union need to be clear not only what EU economic policy is but also what EU social policy requires.

The Committee of the Regions has already reaffirmed its requests concerning mechanisms for the participation of the regions and local authorities in the European Union's decision-making process. The COR also emphasizes that local and regional authorities are an essential intermediary in the dialogue that must be established between citizens and European institutions. The Committee of the Regions asks for Treaty changes that would help local and regional authorities to take their proper place, as partners, in the decisions and policies which have an effect on their functions.

7. The Intergovernmental Conference

The underlying objectives here are consistent with the line taken in the Comité des Sages' report but the report makes insufficient reference to the role of local and regional authorities. Accordingly, the COR recalls the principles of its declaration for the IGC made in March 1996. This referred to:

- subsidiarity: the principle of subsidiarity should be clarified and should recognize the role and position of the regions and local authorities in relation to subsidiarity;

- regional and local self-government: the principle of regional and local self-government should be incorporated in the Treaty in the form in which it is defined in the Council of Europe's European Charter of Regional Self-Government and European Charter of Local Self-Government;

- cooperation: where Treaty provisions provide for the cooperation or involvement of national authorities in Union policies, this should be extended to include provision for cooperation or involvement of regional or local authorities where policies affect the responsibilities of regional and local authorities.

8. Conclusion

The Committee of the Regions welcomes the Comité des Sages report and its assertion of the interdependence of civic and social rights. The Committee of the Regions believes that action at this and future IGCs is needed to promote citizens' rights within the EU. Local and regional authorities have a key role in promoting active citizenship and safeguarding civic and social rights as the level of government closest to the citizen. Most of the proposals and conclusions of the Comité des Sages have an impact on local and regional government. The Committee of the Regions believes that these proposals will strengthen the role of local and regional authorities as partners within the European Union. The Committee of the Regions therefore urges the full participation of local and regional authorities in proposals brought by the European institutions in taking the comité's recommendations forward. In addition, the Committee of the Regions itself should be given a full role in the consultation process envisaged in part IV of the Comité des Sages' report for drawing up a modern list of civic and social rights and duties.

Brussels, 11 June 1997.

The Chairman of the Committee of the Regions

Pasqual MARAGALL i MIRA