WRITTEN QUESTION E-0479/97 by Cristiana Muscardini (NI) to the Commission (19 February 1997)

Subject: Social dialogue and trade union pluralism

The development of social dialogue at European level provided for in the agreement annexed to the Treaty of Maastricht requires acceptance by the Commission of the trade union pluralism on which the European democratic model is based.

It would appear, however, that Articles 3 and 4 of that agreement are being implemented in a manner which takes no account of such pluralism and rigidly adheres to the form of social dialogue introduced in 1985, thus continuing the discrimination practised against a section of society comprising 1 500 000 managerial staff around the European Union and narrowing the basis for labour negotiations, rather than widening it as claimed in the annex to the Treaty.

Given that in June 1993 Parliament adopted the resolution attached to the report by Mr José María Gil-Robles on the role of managerial staff in the Community, does the Commission intend to go beyond the current practice of sporadic consultation and invite the European Confederation of Managerial Staff (CEC) to the negotiating table, thus giving full recognition to this important middle-class group?

Answer given by Mr Flynn on behalf of the Commission (3 April 1997)

The Agreement on Social Policy, annexed to the Treaty on European Union, makes a distinction between consultation of management and labour and dialogue between management and labour which may lead to negotiations and the conclusion of agreements at Community level.

The European Confederation of Managerial Staff is consulted regularly and officially, particularly on possible legislative initiatives at Community level, in accordance with the procedures set out in Article 3 of the Agreement, which are the responsibility of the Commission.

The Commission has in fact decided that the European Confederation of Managerial Staff satisfies the criteria of paragraph 24 of its Communication of 14 December 1993, allowing it to participate in the consultation process. Similarly, the Confederation was invited to take part in the round table on the European Confidence Pact for Employment convened by the President of the Commission at the end of April 1996 and in the tripartite conference held at the initiative of the Italian Presidency in mid-May 1996.

Concerning actual negotiations, the Commission feels it is essential to protect the principle which has ensured the development of the social dialogue since 1985, i.e. the autonomy of employers' and trade union organisations, which means they recognise each other as partners authorised to negotiate at European level. Consequently, the Commission does not have the power to stipulate the presence of a specific trade union or employers' organisation at the negotiation table.

The Commission devoted paragraphs 70-72 of its Communication of 18 September 1996 on the development of the social dialogue at Community level to the subject of participation in negotiations. It feels that the development of dialogue and negotiating structures is the responsibility of the social partners themselves, and calls on them to be open and flexible on this issue.