Keywords

Summary



Keywords

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1 . PROCEDURE - PERIOD ALLOWED FOR COMMENCING PROCEEDINGS - CALCULATION

( RULES OF PROCEDURE, ARTS 80 ( 1 ) AND 81 ( 1 )*)

2 . SOCIAL POLICY - POWERS OF THE COMMISSION - PROMOTION OF COOPERATION BETWEEN MEMBER STATES - SCOPE OF THE COOPERATION - MIGRATION POLICY IN RELATION TO NON-MEMBER COUNTRIES - INCLUSION - LIMITS

( EEC TREATY, ART . 118 )

3 . SOCIAL POLICY - POWERS OF THE COMMISSION - PROMOTION OF COOPERATION BETWEEN MEMBER STATES - POWER TO ADOPT A DECISION ESTABLISHING A COMMUNICATION AND CONSULTATION PROCEDURE - POWER TO DETERMINE THE RESULT TO BE ACHIEVED IN THE CONSULTATION OR TO PREVENT THE MEMBER STATES FROM EXERCISING THEIR POWERS - NONE

( EEC TREATY, ART . 118 )

4 . SOCIAL POLICY - POWERS OF THE COMMISSION - PROMOTION OF COOPERATION BETWEEN THE MEMBER STATES - PREPARATORY AND PROCEDURAL DECISIONS OF THE COMMISSION - DUTY TO CONSULT THE ECONOMIC AND SOCIAL COMMITTEE - NONE

( EEC TREATY, ART . 118, THIRD PARAGRAPH )

Summary

1 . WHERE THE PERIOD OF TIME ALLOWED FOR COMMENCING PROCEEDINGS IS EXPRESSED IN CALENDAR MONTHS, THAT PERIOD EXPIRES AT THE END OF THE DAY IN THE LAST MONTH THEREOF WHICH BEARS THE SAME NUMBER AS THE DAY OF THE OCCURRENCE OF THE EVENT WHICH CAUSED TIME TO START RUNNING, THAT IS TO SAY, IN THE CASE OF A DECISION WHICH HAS BEEN NOTIFIED, THE DAY OF NOTIFICATION .

2 . ARTICLE 118 GIVES THE COMMISSION THE TASK OF PROMOTING CLOSE COOPERATION BETWEEN MEMBER STATES IN THE SOCIAL FIELD, PARTICULARLY IN MATTERS RELATING TO EMPLOYMENT AND WORKING CONDITIONS . MIGRATION POLICY IN RELATION TO NON-MEMBER COUNTRIES IS PART OF THE SOCIAL FIELD WITHIN THE MEANING OF ARTICLE 118 . THE EMPLOYMENT SITUATION AND, MORE GENERALLY, THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS WITHIN THE COMMUNITY ARE LIABLE TO BE AFFECTED BY THE POLICY PURSUED BY THE MEMBER STATES WITH REGARD TO WORKERS FROM NON-MEMBER COUNTRIES . IT IS THEREFORE IMPORTANT TO ENSURE THAT THE MIGRATION POLICIES OF MEMBER STATES IN RELATION TO NON-MEMBER COUNTRIES TAKE INTO ACCOUNT BOTH COMMON POLICIES AND THE ACTIONS TAKEN AT COMMUNITY LEVEL, IN PARTICULAR WITHIN THE FRAMEWORK OF COMMUNITY LABOUR MARKET POLICY, IN ORDER NOT TO JEOPARDIZE THE RESULTS . IN PARTICULAR, AS REGARDS MIGRATION POLICY ARTICLE 118 COVERS THE INTEGRATION INTO THE WORKFORCE OF WORKERS FROM NON-MEMBER COUNTRIES AND INASMUCH AS DRAFT MEASURES CONNECTED WITH PROBLEMS RELATING TO EMPLOYMENT AND WORKING CONDITIONS ARE INVOLVED, THE INTEGRATION OF SUCH WORKERS INTO SOCIETY . IN CONTRAST, THE PROMOTION OF CULTURAL INTEGRATION AS A WHOLE GOES BEYOND THE SOCIAL FIELD IN WHICH, UNDER ARTICLE 118, THE COMMISSION HAS THE TASK OF PROMOTING COOPERATION BETWEEN MEMBER STATES .

3 . WHERE AN ARTICLE OF THE EEC TREATY - IN THIS CASE ARTICLE 118 - CONFERS A SPECIFIC TASK ON THE COMMISSION IT MUST BE ACCEPTED, IF THAT PROVISION IS NOT TO BE RENDERED WHOLLY INEFFECTIVE, THAT IT CONFERS ON THE COMMISSION NECESSARILY AND PER SE THE POWERS WHICH ARE INDISPENSABLE IN ORDER TO CARRY OUT THAT TASK . ACCORDINGLY, THE SECOND PARAGRAPH OF ARTICLE 118 MUST BE INTERPRETED AS CONFERRING ON THE COMMISSION ALL THE POWERS WHICH ARE NECESSARY IN ORDER TO ARRANGE THE CONSULTATIONS . IN ORDER TO PERFORM THAT TASK OF ARRANGING CONSULTATIONS THE COMMISSION MUST NECESSARILY BE ABLE TO REQUIRE THE MEMBER STATES TO NOTIFY ESSENTIAL INFORMATION, IN THE FIRST PLACE IN ORDER TO IDENTIFY THE PROBLEMS AND IN THE SECOND PLACE IN ORDER TO PINPOINT THE POSSIBLE GUIDELINES FOR ANY FUTURE JOINT ACTION ON THE PART OF THE MEMBER STATES; LIKEWISE IT MUST BE ABLE TO REQUIRE THEM TO TAKE PART IN CONSULTATIONS . THE COMMISSION IS THEREFORE EMPOWERED UNDER ARTICLE 118 TO ADOPT A BINDING DECISION VIS-A-VIS THE MEMBER STATES ESTABLISHING A COMMUNICATION AND CONSULTATION PROCEDURE . HOWEVER, SINCE THE COMMISSION HAS A POWER OF A PURELY PROCEDURAL NATURE TO INITIATE A CONSULTATION PROCEDURE IT CANNOT DETERMINE THE RESULT TO BE ACHIEVED IN THAT CONSULTATION AND CANNOT PREVENT THE MEMBER STATES FROM IMPLEMENTING DRAFTS, AGREEMENTS AND MEASURES WHICH IT MIGHT CONSIDER NOT TO BE IN CONFORMITY WITH COMMUNITY POLICIES AND ACTIONS .

4 . THE COMMISSION IS NOT UNDER A DUTY TO CONSULT THE ECONOMIC AND SOCIAL COMMITTEE WHEN, IN CONNECTION WITH ITS TASK OF PROMOTING COOPERATION WITH THE MEMBER STATES IN THE SOCIAL FIELD, IT DECIDES TO COMPILE INFORMATION OR ORGANIZE A MEETING, FOR THE DECISIONS INVOLVED THEN ARE PURELY PREPARATORY AND PROCEDURAL AND, BY DEFINITION, DO NOT TOUCH ON SUBSTANTIVE QUESTIONS WHICH ARE LIABLE TO INVOLVE THE ECONOMIC AND SOCIAL COMMITTEE IN MAKING AN ASSESSMENT OF A SOCIO-ECONOMIC NATURE .