28. 9. 74 Official  Journal  of the  European  Communities No C 115/37 
ANNEX 
to the  Opinion  of the  Economic  and  Social  Committee 
The following  amendement  was  rejected  in the course  of the proceedings: 
Section  7 
Delete  the first  sentence. 
Result  of the vote: 
for: 29 
against: 
abstentions: 36 
13. 
Opinion  on the  place  and  role  of the  Economic  and  Social  Committee  in the institutional 
machinery  of the  Community  in the  context  of a possible  evolution  thereof 
The Opinion  of the  Committee  is not  based  on any  text. 
At its 118th  plenary  session  held  on 28 and  29 January  1974  the  Committee,  acting 
on a proposal  from  the  Bureau,  decided  to deliver  an opinion  on  the  abovementioned 
subject  on its own  initiative. 
B. OPINION  OF  THE  ECONOMIC  AND  SOCIAL  COMMITTEE 
The Economic  and  Social  Committee  prepared  its Opinion  on the  above  matter  at its 
119th  plenary  session,  held  in Brussels  on 27 and  28 March  1974. 
The full  text  of the  Opinion  is as follows: A. LEGAL  BASIS  FOR  THE  OPINION 
THE  ECONOMIC  AND  SOCIAL  COMMITTEE: Social  Committee  to advise  on its own  initiative  on 
all questions  affecting  the Community'; 
Having  regard  to the  Decision  to this  effect  adopted 
by the Council  of Ministers  on 12 February  1974; 
Having  regard  to the  Decision  of the  Heads  of State 
or Government  at their  meeting  in Paris  on 21 Octo-
ber 1972,  inviting  the  Community  Institutions  to 
'recognize  in future  the  right  of the  Economic  and Having  regard  to Article  20 of its revised  Rules  of 
Procedure,  which  was  approved  by the  Council  on 
4 March  1974; 
No C 115/38 Official  Journal  of the European  Communities 28. 9. 74 
Having  regard  to the decision  of the Heads  of State 
or Government  to transform  'before  the end  of the 
present  decade  and  with  the  fullest  respect  for the 
Treaties  already  signed,  the  whole  complex  of the 
relations  of Member  States  into  a European  Union', 
and calling  upon  the Institutions  'to draw  up a report 
on this  subject  before  the  end  of 1975  for  sub-
mission  to a Summit  Conference'; 
Having  regard  the  decision  taken  on 28 February 
1974  by the full  Committee,  on a proposal  from  the 
Bureau,  to deliver  an opinion  on this  matter  on its 
own initiative  and  to set up,  in accordance  with 
Article  17 of the Rules  of Procedure,  a subcommittee 
responsible  for  preparing  a draft  opinion  for  sub-
mission  to the Committee; 
Having  regard  to the draft  Opinion  adopted  by the 
subcommittee  for institutional  questions  on 21 March 
1974; 
Having  regard  to the  oral  report  made  by  the 
Rapporteur,  Mr De Bruyn; 
Having  regard  to its discussions  during  the  119th 
plenary  session  of 27 and  28 March  1974  (sitting  of 
28 March); 
Has adopted,  by 104  votes  in favour  but  with 
six abstentions 
THE  FOLLOWING  OPINION: 
The Economic  and  Social  Committee  considers  that 
attainment  of  European  Union  presupposes,  in 
particular,  a real  improvement  in the  effectiveness 
of the  institutional  machinery  and  also  its demo-
cratization  by,  on the  one  hand,  strengthening  the 
European  Parliament  and,  on the  other,  increasing 
the participation  of the various  categories  of economic 
and social  activity  in Community  decision-making. 
The Committee  would  stress  that  the  proposals  it 
makes  below  have  been  deliberately  kept  within  the 
limits  of the  existing  Treaties,  although  in its view 
the Treaties  do not  allocate  to the  Committee  the 
place  and  role  in the institutional  machinery  of the 
Communities  to which  it can lay claim. 
I. General  comments 
The Treaty  of 25 March  1957  establishing  the EEC 
set up four  institutions:  the  European  Parliament, 
the Council,  the  Commission  and  the  Court  of 
Justice.  In addition,  the  Treaty  established  an 
Economic  and  Social  Committee  with  advisory  status, which  must  be consulted  by the  Council  or by the 
Commission  where  the  Treaty  so provides  and  can 
also be consulted  by these  institutions  in all cases 
in which  they  consider  it appropriate  to do so. The 
Committee  would  observe  first  of all that  the basic 
texts  establishing  the  institutional  machinery  have 
sometimes  been  interpreted  and  applied  in  a 
restrictive  way.  The  second  observation  it has  to 
make  is that  a great  many  committees  and  bodies 
have  been  progressively  set up. On the basis  of these 
two observations,  the  Committee  feels  justified  in 
asserting  that  the  functions  of making  proposals, 
consultation,  decision-making,  implementation, 
supervision  and  imposing  sanctions  are  no longer 
clearly  distributed  between  the  institutions  and 
organs. 
The Economic  and  Social  Committee  has  already 
pointed  this  out  in its Opinion  on  the  Overall 
Situation  in the Community  of 26 and  27 February 
1969  (1), when  it concluded  that  there  had  been  a 
'dilution  of responsibilities'. 
Up till now,  little  progress  has  been  made  towards 
remedying  these  grave  defects. 
However,  the Economic  and  Social  Committee  would 
draw  attention  to a number  of recent  public  state-
ments  advocating  faster  progress  towards  'European 
unification  and  achievement  of a more  balanced 
distribution  of powers  between  the  institutions  and 
organs  of the Communities. 
Particular  mention  should  be made  of an explicit 
statement  in the communique  issued  by the Heads  of 
State  or of Government  of the  Member  States  after 
their  meeting  in Paris  from  19 to 21 October  1972: 
'Economic  expansion  is not  an end  in itself.  Its 
first aim  should  be to enable  disparities  in living 
conditions  to be reduced.  It must  take  place  with 
the participation  of all the social  partners'. 
In this  communique,  'the  Heads  of State  or Heads 
of Government  emphasized  that  they  attached  as 
much  importance  to vigorous  action  in the  social 
field  as to the  achievement  of the  Economic  and 
Monetary  Union.  They  thought  it essential  to ensure 
the increasing  involvement  of labour  and  manage-
ment  in the  economic  and  social  decisions  of the 
Community'. 
The Heads  of State  or of Government  also  'recognized 
that the  structures  of the  Community  had  proved 
themselves,  though  they  felt  that  the decision-making 
(J) OJ  No  C 47,  10.  4. 1969,  p. 1 et seq. 
28. 9. 74 Official  Journal  of the European  Communities No C 115/39 
procedures  and  the  functioning  of the  institutions 
should  be improved,  in order  to make  them  more 
effective'.  They  consequently  'invited  the Community 
institutions  to recognize  the  right  of the  Economic 
and Social  Committee  in future  to advise  on its own 
initiative  on all questions  affecting  the Community'. 
'They  were  agreed  in thinking  that,  for the purpose 
in particular  of carrying  out  the tasks  laid  down  in 
the different  programmes  of action,  it was  desirable 
to make  the widest  possible  use of all the dispositions 
of the  Treaties,  including  Article  235  of the  EEC 
Treaty'. 
At the Copenhagen  Conference,  the Heads  of State 
or of Government,  after  reaffirming  their  commitment 
to the goal  of European  Union,  stressed  these  same 
needs,  namely: 
— to make  the  functioning  of the  institutional 
machinery  more  effective; 
— to bring  about  a 'growing  participation  by the 
social  partners'  in Community  decisions. 
II. The  Economic  and  Social  Committee  and  the 
institutional  machinery 
The Economic  and  Social  Committee  cannot 
disregard  or remain  indifferent  to the  development 
of the  roles  of the  European  Parliament,  the  Com-
mission,  the Council  and  the Court  of Justice. 
1. In a large  number  of its opinions,  the  Com-
mittee  has  advocated  that  the  operation  of these 
institutions  should  be better  balanced  and  more 
democratic. 
(a) In its Opinion  on the  Overall  Situation  in the 
Community  adopted  at the  plenary  session  of 
26 and  27 February  1969,  the Committee  stressed 
that it was 
'indispensable  that  democratization  of political 
power  becomes  a reality  and  that  supervision  of 
the action  of the  executive  by the  European 
Parliament  be guaranteed'. 
Similarly,  in its  Opinion  on  Economic  and 
Monetary  Union  adopted  at the  plenary  session 
on 13 December  1973,  the  Committee  recom-
mended  that  the  European  Parliament  be given 
'powers  to approve  and  check  the  Community 
budget,  in addition  to the powers  of the various national  parliaments  in  the  economic  and 
monetary  field  which  will  have  progressively 
been  transferred  to the Community'. 
In the  same  Opinion  the  Committee  also  re-
commended  democratic  appointment  procedures 
for members  of the  Parliament  and  called  for a 
date to be fixed: 
'for direct  elections  to the  European  Parliament 
which  could  take  place,  at the  latest,  at the 
beginning  of the  final  stage  of economic  and 
monetary  union'. 
(b) Under  Article  155  of the  EEC  Treaty  the  Com-
mission  is responsible  for  ensuring  the  proper 
functioning  and  development  of the  common 
market  and  is invested  for this  purpose  with  its 
own power  of decision.  On many  occasions,  and 
in particular  in its abovementioned  Opinion  of 
February  1969,  the  Economic  and  Social  Com-
mittee  has stressed: 
'the Commission's  initiatory  function  and  the role 
it plays  in the  preparation  of  Community 
decisions,  a role  which  continues  to be of crucial 
importance  for  the  development  of the  Com-
munity'. 
(c) According  to Article  148  of the Treaty  establishing 
the EEC,  the  Council  should  normally  act by a 
majority  of its members.  The  continuing  failure 
to implement  this  provision  has  paralysed  the 
Council  to a large  extent. 
(d) Article  164  states  that  the Court  of Justice  is to 
'ensure  that  in the interpretation  and  application 
of this  Treaty  the law  is observed'. 
(e) In the Committee's  view,  the function  of consul-
tation  between  Heads  of State  or of Government 
at summit  conferences  should  be to strengthen 
political  resolve  and  to provide  the  momentum 
necessary  for the achievement  of European  union. 
Such  consultation  should  not,  however,  take  the 
place  of institutions. 
2. In order  to make  these  various  bodies  work  more 
effectively,  the Committee  regards  it as urgent  that 
Community  decision-making  procedures  be speeded 
up. Growing  procedural  complexity  impedes  and 
retards  the  process  whereby  decisions  are  reached 
and the  end  result  might  be a total  breakdown  in 
the machinery  established  by the  Treaties.  In par-
ticular,  the Committee  considers  that  the collaboration 
No C 115/40 Official  Journal  of the European  Communities 28. 9. 74 
between  the  Commission  and  the  Council  in this 
process  must  not  impair  the Commission's  initiatory 
function.  The  procedures  governing  this  collaboration 
should  be designed  in such  a way  as to avoid  having 
the texts  of proposals  which  have  been  prepared  by 
the Commission  in consultation  with  government 
experts  subjected  to a further,  identical  scrutiny  by 
the same  experts  in the Council. 
The Committee  also  requests  that  the various  stages 
in the decision-making  process  be better  synchronized 
between  the relevant  bodies,  in order  that  the Com-
mission's,  Economic  and  Social  Committee's  and 
Council's  functions  of making  proposals,  consultation 
and taking  decisions  may  be carried  out  in that 
order  and  with  full  knowledge  of the facts. 
3. In this  connection,  the Economic  and  Social  Com-
mittee,  mindful  of the value  and  implications  of the 
formal  pledges  made  at summit  conferences,  reaffirms 
its will  to play  its full  role  as a consultative  body  and 
to develop  this  role. 
(a) The  Committee  expresses.  satisfaction  at the 
decision  of the  Council  to recognize  the  Com-
mittee's  right  to advise  on its own  initiative,  as 
urged  by the  Conference  of the  Heads  of State 
or of Government  held  in Paris  in October  1972. 
In practical  terms,  the Economic  and  Social  Com-
mittee,  which  represents  the  various  categories 
of economic  and  social  activity  in the Community, 
intends  to make  use of this  right  in order  to voice 
the views  of the various  sections  of the population 
on major  economic  and  social  goals  pursued  by 
the Community  in respect  of which  it has  not 
been  consulted. 
In terms  of principles,  the Committee  regards  the 
recognition  of this  fundamental  prerogative  by 
the Heads  of State  or of Government  as a formal 
expression  of the new  importance  they  attach  to 
representation  of the economic  and  social  categor-
ies in the Committee,  as well  as of their  wish  to 
see these  categories  make  a bigger  contribution 
to the construction  of Europe. 
(b) As a logical  consequence,  significant  improvements 
should  be made  in the Economic  and  Social  Com-
mittee's  status. 
Thus,  it should  be accepted  that  the  Economic 
and Social  Committee  can  tailor  its Rules  of 
Procedure  freely  to the requirements  of a proper 
organization  of its work.  It should  also  have  a 
measure  of budgetary  autonomy  within  the framework  of the  general  budget  of the  Com-
munities.  The  size  of its budget  should  be com-
mensurate  with  the  rise  in expenditure  its 
expanded  role  would  entail. 
(c) The  purpose  of the extensive  consultative  function 
assigned  to the  Committee  by the Treaties  is to 
involve  the  'representatives  of the  various  cat-
egories  of economic  and  social  activity'  to a 
greater  extent  in the  preparation  of Community 
decisions.  Under  these  circumstances,  and  in order 
to give  form  and  substance  to the  official 
undertakings  given  at the Paris  and  Copenhagen 
Summit  Conferences,  it would  be fitting  to grant 
the Economic  and  Social  Committee  the  status 
of an institution,  in which  case  its name  should 
be changed  to the Economic  and  Social  Council. 
This  would  strengthen  the  role  and  position  of 
the Economic  and  Social  Committee  and  make 
it better  equipped  to fulfil  in all respects  the 
function  assigned  to it in the  Treaties,  such  a 
step would  undoubtably  also  increase  the interest 
of broad  sections  of the  public  in the  building 
of Europe. 
III. Consultation  and  the  Economic  and  Social 
Committee 
In order  to upgrade  its consultative  function,  the 
Committee  must,  in accordance  with  the  Treaties, 
be the  usual  partner  of the  Commission  and  the 
Council  in the dialogue  of consultation.  The  Com-
mittee  should  therefore  be  consulted  by  these 
institutions  sufficiently  in advance  on both  policy-
making  and  the  practical  implementation  of policy. 
1. The  Committee  is afraid,  however,  that  the 
present  tendency  to set up more  and  more  specialized 
consultative  bodies  may  weaken  its  pre-eminent 
position  as a consultative  body  and  lead  to a dilution 
of consultation  in the  Communities.  It regards  this 
tendency  as detrimental  to the proper  functioning  of 
the Institution  and  damaging  both  to the  authority 
of the  overall  representation  of socio-economic 
interests  which  the Committee  was  set up to provide, 
and to the value  of the fragmented  views  which  can 
be gathered  elsewhere. 
(a) The  Economic  and  Social  Committee  is fully 
aware  of the differences  between  its own  institu-
tionalized  function,  which  covers  a vast  spectrum 
of socio-economic  issues,  and  those  of the 
28. 9. 74 Official  Journal  of the European  Communities No C 115/41 
specific  consultations  which  may  take  place  at 
the initial  stage  of the  decision-making  process. 
Thus,  the Committee  does  not  claim  a monopoly 
of consultation  at all stages  in the preparation  of 
decisions,  nor in all areas. 
In fact,  the  Committee  regrets  that  it has  often 
to expand  an excessive  amount  of effort  on minor 
technical  questions  and  acknowledges  that  specific 
consultations  of highly  specialized  committees  by 
the Commission  can  be justified. 
It is therefore  prepared  to accept  the  existence 
of committees  of this  sort  (committees  of officials, 
management  committees  and  committees  for indi-
vidual  products)  advising  on matters  of this  order. 
(b) On the  other  hand,  the  Committee,  which  is 
anxious  to devote  more  of its attention  in future 
to general  issues  and  thereby  develop  its real 
function,  is afraid  that  the  setting  up of certain 
committees  will  in practice  break  up the  overall 
responsibility  for  economic  and  social  matters 
which  the  Treaties  have  specifically  conferred 
upon  it. 
The Committee  therefore  urges  the  Commission 
and the  Council  to consult  it before  setting  up 
any further  organs  with  either  similar  membership 
to that  of the  Committee  or terms  of reference 
which  represent  an unwarranted  amputation  of 
its overall  responsibility. 
(c) The  Committee  considers  furthermore  that  by 
virtue  of its role  as the  representative  of socio-
economic  interests,  it also  has  a duty  to advise 
at the stage  of the  drafting  of documents,  where 
these  deal  for  example  with  important  matters, 
the formulation  of broad  economic  and  social 
guidelines  and,  above  all,  the  shaping  of new 
common  policies. 
The Commission  should  request  the  Committee 
for an initial  assessment  before  it finalizes  its 
proposals  to the Council,  a step  which  would  not 
rule out  a formal  consultation  for  an opinion 
before  the  Council  takes  a decision.  This 
procedure  would  make  cooperation  between  the 
Commission  and  the  Committee  more  efficient. 
The Commission's  proposals  would  enjoy  greater 
authority  in the eyes  of the Council  and  the Com-
mittee's  standing  in the  circles  it represents  and 
among  the general  public  would  be enhanced. 
(d) Moreover,  in future  there  must  be an appropriate 
coordination  of the  work  of the  Economic  and Social  Committee  and  that  of the  existing  com-
mittees,  apart  from  the  committees  of officials 
and committees  for products. 
2. With  its role  strengthened  as indicated  above,  the 
Economic  and  Social  Committee  must  also  have  the 
opportunity  to invite  leading  figures  from  outside 
the Committee  to speak  before  it whenever  necessary 
and according  to appropriate  procedures.  The  Com-
mittee  would  thus,  in accordance  with  its duty  and 
purpose,  be better  equipped  to cover  certain  aspects 
of economic  and  social  issues. 
3. In order  to be able  to gauge  the  effectiveness  of 
its contribution  to the  work  of the  Community 
institutions,  the Committee  should  be able  to ascertain 
what  action  is taken  on its opinions  by the proposing 
and decision-making  bodies.  To do this,  it must  be 
given  access  to all the  requisite  information.  This 
would  make  it easier  to publicize  the  Committee's 
work  outside  the  institutions,  especially  in the  mass 
media,  and  thereby  to increase  the  part  played  by 
public  opinion  in the life  of the Community. 
4. Given  the  growing  interpenetration  between 
national  economies,  the  Economic  and  Social  Com-
mittee  intends  to establish  contacts  with  national 
consultative  bodies  wherever  they  exist,  in order  to 
build  up a regular  exchange  of information  about 
each  other's  activities. 
The Economic  and  Social  Committee  and  joint 
committees  for  individual  sectors 
It is stated  in the  social  policy  section  of the  com-
munique  issued  at the  Paris  Summit  Conference  that 
the social  programme  'should  aim,  in particular  . . . 
at facilitating  on the  basis  of the  situation  in the 
different  countries  the  conclusion  of  collective 
agreements  at European  level  in appropriate  fields'. 
The statement  encourages  the  setting  up  of joint 
committees  for individual  sectors. 
Such  committees  are  totally  different  from  both  the 
Economic  and  Social  Committee  and  the consultative 
committees  mentioned  above.  They  are  mandatory 
and can  only  be set up if the  representative  social 
partners  in a branch  of activity  so wish. 
In order  to function  normally,  these  joint  committees 
for individual  sectors  should  have  complete  autonomy 
in decision-making  and  an independent  administrative 
secretariat. 
No C 115/42 Official  Journal  of the European  Communities 28. 9. 74 
The Economic  and  Social  Committee  would  stress 
that there  is a sharp  distinction  between  the functions 
assigned  to the Committee  by the Treaties  and  those 
vested  in these  committees.  Nevertheless,  provided 
that the  requisite  financial  means  were  put  at its 
disposal,  the  Committee  could  meet  the  above 
requirements  of these  committees  and  offer  them 
facilities. 
The enlargement  of task  resulting  from  the proposals 
made  in this  Opinion  would  require  an adaptation  of 
the Committee's  structure  and  improvement  of its 
working  procedures.  The  practical  implications  of 
this for  the  running  of the  Committee  and  for  the 
Rules  of Procedure  will  be studied  by the Committee 
in more  detail  at some  later  date,  in accordance  with 
the normal  procedures  therefor. 
In conclusion,  the  Committee  would  make  it clear 
that it regards  the  above  proposals  as its initial 
contribution,  within  the  framework  of the  existing 
Treaties,  to the  discussion  which  has  begun  in the 
Community,  at the instigation  of the Heads  of State 
or of Government  about  the future  shape  of European 
union. 
It asks  that  the  present  Opinion  be included  in the 
interim  report  to be submitted  to the  next  summit conference,  which  is to be held  before  the end  of the 
first half  of 1974. 
The Economic  and  Social  Committee  reserves  the 
right  to enlarge  upon  its work  on this  matter  at a 
later  date,  because  it intends  to play  a part  in its own 
right  in the forthcoming  discussions  in the institutions 
with  a view  to preparing  the final  report  on European 
union  before  the end  of 1975. 
The Economic  and  Social  Committee  stresses  that 
progress  towards  European  union  will  depend  on 
the simultaneous  development  of the various  common 
policies,  especially  social  policy.  These  policies  will 
be judged  by the  concrete  measures  evolved  and 
introduced  following  genuine  and  effective  consul-
tation  of the economic  and  social  circles  for which  the 
Economic  and  Social  Committee  is the  sole  institu-
tional  spokesman  at Community  level. 
Done  at Brussels,  28 March  1974. 
The Chairman 
of the Economic  and  Social  Committee 
Alfons  LAPPAS 
ANNEX 
to the  Opinion  of the  Economic  and  Social  Committee 
The following  amendment  was  rejected  in the course  of the proceedings: 
Penultimate  paragraph  of the Opinion: 
The beginning  of this  paragraph  should  be amended  to read: 
'The  Economic  and  Social  Committee  instructs  its Bureau  to enlarge  upon  its work  on this 
matter  in more  detail  without  delay,  because  it intends.  . (no  further  change). 
Result  of  the  vote: 
for: 
against: 
abstentions: 29 
70 
4.