OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE on ' The 1996 Intergovernmental Conference: the role of the Economic and Social Committee'
Date: 1995-11-23
Institutions: European Economic and Social Committee
Subjects: EU body, European Economic and Social Committee, advisory power, operation of the Institutions, powers of the institutions (EU)













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51995IE1312

OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE on ' The 1996 Intergovernmental Conference: the role of the Economic and Social Committee'  


Official Journal C 039 , 12/02/1996 P. 0085 





Opinion on 'The 1996 Intergovernmental Conference: the role  of the Economic and Social Committee'(96/C 39/15)On 23  November 1995 the Economic and  Social Committee, acting under the third paragraph of Rule 23 of the Rules of Procedure, decided to  draw up an Opinion on 'The 1996 Intergovernmental Conference: the role of the Economic and social  Committee'. The Bureau's Ad Hoc Group on the 1996 IGC and the role of the Committee was instructed to prepare  the ESC's work on the subject. The Rapporteur was Mrs Cassina. At its 330th Plenary Session (meeting of 23  November), the Committee adopted the following Opinion  by a large majority, with 2 abstentions. I. INTRODUCTIONFollowing the entry into force of the TEU, the ESC has held wide-ranging  discussions on its aims as an advisory body, on how it may best advance its role, and also on  strengthening the links that it maintains between the process of European integration and citizens'  groups. In  April 1995 the Bureau adopted a document on the role of the Committee. The first part gives an  overview of Europe's future; the second part deals with the following proposed changes to the  Treaty. These are the results of the detailed discussions held at the ESC. This Opinion was drawn up, following extensive discussions, by the Ad Hoc Group set up by the  Bureau. The members of the Group were: President: Carlos Ferrer (ESC President)Rapporteur: Giacomina CassinaCo-Rapporteurs: Manuel  Cavaleiro Brandão (President of Group I - Employers)Tom Jenkins (President of Group II -  Workers)Beatrice Rangoni Machiavelli(President of Group III - Various Interests)Members: André  Laur (ESC Vice-President)Klaus Boisserée(member of Group III)Bent Nielsen (ESC  Vice-President)Jean Pardon (President of the Section for Economic, Financial and Monetary  Questions)The Committee will continue this consideration of its aims in the short and longer term  in order to make changes to - and heighten - its representativeness. The goal of its assessment  will be to help tackle the major issues facing European society, including job creation, in order  to further the European social model and reshape society by fully involving citizens' groups in the  European venture. II. PROPOSED AMENDMENTS TO THE TREATY ON EUROPEAN UNION1. In discharging its consultative duties  and, inter alia, through the use of its right of initiative, the ESC has often guided and even  encouraged the Commission to draft proposals to respond to the changing needs of European society.  The Commission's concern that the 'pre-legislative' phase should be more fully prepared has led it  to step up consultations, not only with the social partners and national authorities, but also in  many cases with organizations representing specific interests and even private individuals. The  Committee is therefore prepared to work together with the Commission in organizing consultations  prior to the submission of proposals. In order both to help make the consultative phase preceding the legislative process more  transparent, and to consolidate its own consultative work, the ESC proposes the addition of the  following paragraph after the first paragraph of Article  198: 'The Commission should consult the Committee before it takes any decisions on matters of relevance  to the interests represented on the Committee.'2. Within the framework of the strengthening of  democracy and the re-balancing of roles between the institutions, the Committee considers that the  possible increased use of the co-decision procedure will require stronger consultative powers to  meet society's expectations more fully. The ESC is also ready to perform its advisory duties with  regard to the European Parliament. The ESC therefore requests that it be empowered, where appropriate, to contribute to the procedure  laid down by Article  189b, at the second reading stage. The ESC Rapporteur for the proposals dealt  with under this procedure could attend meetings of the Conciliation Committee as an observer. The following sentence should be added to the end of Article  189b(4): 'The Economic and Social Committee shall attend the Conciliation Committee's proceedings as an  observer.'3. As a body representing economic and social interest groups directly involved in the  establishment of Economic and Monetary Union, the ESC is closely monitoring this complex process,  particularly through reports and Own-initiative Opinions on EMU itself and, in particular, on its  socio-economic impact on European society. The ESC requests that its consultative work be made more effective by recognition of its right to  be informed under the procedures for multilateral surveillance of the economic policies of the  Member States. In the final paragraph of Article  103(2), the words 'and the Economic and Social Committee' should  be added after 'shall inform the European Parliament'. In the second paragraph of Article  103(4),  the words 'and shall inform the Economic and Social Committee' should be added after 'multilateral  surveillance'. 4. The ESC has made a firm commitment to promoting the Citizens' Europe, while calling for it to be  underpinned by a transparent legal framework, and for specific measures to be taken to achieve it. The ESC therefore requests that in Article  8a(2) the words 'and the opinion of the Economic and  Social Committee' be added after 'of the European Parliament'. Similarly, in Article  8b(1) the  words 'and the Economic and Social Committee' should be added after 'the European Parliament', and  in the second paragraph of Article  8e, the words 'and the Economic and Social Committee' should be  added after 'the European Parliament'. 5. The Committee has always taken account of the cultural dimension of the integration process in  its Opinions. The cultural aspect has implications for other policies (and vice-versa); these  implications necessarily concern the Committee when European society is involved. The ESC therefore requests that it be consulted on EU cultural policy. In the first indent of Article  128(5), the words 'the Economic and Social Committee and' should be  inserted after 'consulting'. 6. The Single Market Observatory, set up with the support of the European Parliament, should be  incorporated into the ESC's institutional tasks. The following paragraph should be inserted at the end of Article  197: 'An observatory shall be established to analyze, review and report on the operation and further  development of the internal market.'7. The ESC has done substantial work in developing contacts  with its natural discussion partners in third countries. In many cases, it has promoted  socio-professional dialogue, sometimes even before the Commission has taken any action, and on each  occasion with positive results for dialogue and cooperation in the broad sense between the EU and  third countries. The ESC requests that this important function be institutionalized in all the Association  Agreements. The ESC also requests that it be consulted on applications for accession. In the first paragraph of Article O, 'and the Economic and Social Committee' should be added after  'the Commission'. 8. The Council consults the EP on policies concerning cooperation in the fields of justice and home  affairs. The ESC advocates a higher profile role for the EP in these policies, even if they are not  put on a Community-wide footing. Most of these policies have a significant impact on citizens,  European society and its constituent organizations. For this reason, the ESC is directly  concerned. The ESC requests that it be briefed on these policies in order to be able to act, under its right  of initiative, on a more concrete basis and with maximum transparency in its relationships with the  Council and the Commission. The first paragraph of Article K6 should be amended by adding the words 'and the Economic and  Social Committee' after 'the European Parliament'. 9. With due regard for the principle of subsidiarity, the ESC considers that any decision to  broaden the European Union's powers to act must always be shared by the citizens and by organized  society. The ESC feels that - insofar as Article  235 is retained - the cooperation procedure should be  used, and that consultation of the ESC should also be mandatory. 10. By diversifying its consultative role, the ESC has successfully responded to the demand for  greater representation arising from the development of the integration process, and to the  diversity of European society. This should be reflected in the Treaty. The ESC proposes, therefore, that Articles 193 to 198 be amended as follows: 10.1. An amendment to Article  194, 2nd paragraph: The ESC's term of office should be aligned with  that of the EP and the Commission (5 years). 10.2. The fourth paragraph of Article  194 should be deleted. 10.3. The Council's and Commission's role in convening the ESC should be abolished: In the third  paragraph of Article  196, the text following 'its chairman' should be deleted up to the end of the  Article. 10.4. The second paragraph of Article  197 should be deleted, since the development of the  integration process and of the ESC, combined with the autonomy it enjoys in determining its Rules  of Procedure, have rendered the list contained in this paragraph incomplete and obsolete. 10.5. An amendment to Article  198, 3rd paragraph, to ensure that Opinions are followed up, by  adding the following sentence: 'The institutions which are assisted by the ESC shall inform it of  the follow-up to the opinions issued.' This information might, for example, be supplied by means of  publication in the Official Journal. 11. The specification in Article  193 of the categories of economic and social activity to be  represented is unsatisfactory, as it has remained unchanged since the ESC was first formed. The  list of categories should be updated to take account of the major changes which have taken place  during the last forty years in economic activity and in the pattern of employment together with  those changes which are currently taking place as a result of, for example, the 'information  revolution'. 12. With successive amendments to the Treaty, the ESC has secured greater responsibilities and  autonomy. This has come about because the ESC has always succeeded in taking stock of its mission,  its experiences and its prospects, and in gearing its work to the complex requirements of the  consultative function within the integration process. Another factor has been the ESC's ability to  commit itself to representing rapidly-changing socio-professional interests, above and beyond the  basic role assigned to it in the Treaty. The ESC therefore declares that it is 'de facto' an Institution with an advisory role and requests  that the 1996 IGC grant it 'de jure' institutional status with all that this entails, in particular  the right to bring an action before the Court of Justice, as laid down in the first paragraph of  Article  175. With this in mind, the ESC proposes the following amendments: 12.1. In Article  4(1), 'an ECONOMIC AND SOCIAL COMMITTEE' should be added after 'a COURT OF  AUDITORS'. 12.2. Article  4(2) should be deleted. 12.3. The first paragraph of Article  193 should be replaced as follows: 'The Economic and Social  Committee in its capacity as an advisory body, shall assist the institutions which exercise  legislative powers where this Treaty so provides.'III.THE PROPOSALS IN CONTEXTN.B. TEU  Articles are reproduced in the order in which they are mentioned in the Report. >TABLE>Done at Brussels, 23  November 1995. The Presidentof the Economic and Social CommitteeCarlos FERRER