Opinion of the Economic and Social Committee on the "Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions on a Social Policy Agenda"
Date: 2000-10-19
Institutions: European Economic and Social Committee
Subjects: European social policy, economic policy, enlargement of the Union

16.1.2001

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Official Journal of the European Communities

C 14/79

Opinion of the Economic and Social Committee on the ‘Communication from the Commission
to the Council, the European Parliament, the Economic and Social Committee and the Committee
of the Regions on a Social Policy Agenda’

(2001/C 14/16)

The President of the Employment and Social Policy Council, Mrs Aubry, asked the Economic and Social
Committee, by letter of 26 July 2000, for an opinion on the above-mentioned communication.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 3 October 2000. The rapporteur was Mr Bloch-
Laine.

At its 376th plenary session held on 19 October 2000, the Economic and Social Committee adopted the
following opinion unanimously.

INTRODUCTION

As a consequence:

On 28 June 2000 the Commission addressed a Com-
1.
munication on a European Social Policy Agenda to the Council,
the European Parliament, the Economic and Social Committee
and the Committee of the Regions. The French Presidency has
asked the ESC to issue an opinion on this document.

2.
The Committee warmly welcomes this referral because
of the importance of the matters raised in the document. At
issue is a strategy which,
if pursued, would represent a
significant stage in the construction of Europe in two main
respects. Firstly it would mark,
in an innovative way, the
importance of social policy, which is no longer considered to
be an area at odds with, and subordinate to economic policy,
but is seen as a factor contributing to efficiency and industrial
strength. Secondly it would define, again from a new angle, a
set of objectives, a strategy and a timetable. Such a project is
at the very heart of the ESC’s consultative role; moreover we
would not have objected to being involved in the Commission’s
work at an earlier stage.

3.
The Committee believes that the social agenda provides
the opportunity to follow an essential, but inevitably difficult
trajectory. It will be necessary — from the outset and thereafter
— to make the right choices, moving forward at a realistic
pace, as well as avoiding ambiguity, misunderstandings or
disagreements liable to disrupt or permanently interrupt,
indeed condemn, the process.

4.
The Committee feels that its most useful role at present
is not to pronounce its views on every single theme and action
in the Commission communication; this can be done later. At
this stage the Committee considers it more judicious to draw
up a concise opinion consisting of a general assessment and
some proposals.

— the assessment marks its wholehearted approval of the

communication;

— the proposals are intended to improve the balance of the

document with regard to a few points.

I.

APPROVAL

1.

General comments

1.1.
The Commission’s document bears the hallmarks of
the conclusions of the Lisbon Summit. The Committee has
long been trying to promote and strengthen the role of social
policy as a productive factor. It is therefore delighted to see
that the text establishes this as a ‘guiding principle’ and targets
the mutual strengthening of economic and social policies as
one of the main objectives. The Committee agrees with this
approach which views social cohesion and investment in
improved well-being and human capital as a durable basis for
collective efficiency and competitiveness. The Committee
welcomes the emphasis placed on the pursuit of quality, which
is of crucial importance for the future and identity of Europe.

2.

The open method of coordination

2.1.
The Committee supports this approach. It has already
proved its worth, in particular with regard to employment
policy (the Luxembourg Process) as well as the preparatory
work for the Social Protection Committee. This method needs
to involve all stakeholders in a reasonably structured and
responsible way. The ‘open method of coordination’ must not
be an exercise confined to experts. Instead it must aim — and
fortunately the document recommends this — to maximise
the contribution which can be made by practitioners from
civil society organisations. The Committee is prepared to assist
by, for example, supporting the work already underway on

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social protection and social exclusion. With regard to the
latter, the Committee feels that the Commission could do
more to develop innovative and practical approaches on the
ground, of an exemplary nature, based on concerted action
between the various stakeholders and run as part of a
network (1).

2.2.
The Committee fully supports the objectives of the
sections on EMPLOYMENT and the QUALITY OF WORK. To
achieve these objectives it is necessary to establish mutually
recognised quantitative and qualitative indicators. The Com-
mittee has already called for more effective participation by
the social partners in the drawing up of national plans. It
approves the measures proposed in the communication in this
regard, as well as the emphasis placed on the local and regional
dimension.

3.

The social dialogue

The Committee welcomes the importance attached by
3.1.
the Commission to the ‘Social Dialogue’ as an instrument for
modernising industrial relations, adapting work organisation
and striking an appropriate balance between flexibility and
security. (In this context the Committee approves the proposal
industrial
to set up a reflection group on the future of
relations.) This is essential with regard to the theme of
‘Anticipating and managing change’. The Committee supports
the idea of inviting the social partners to develop — entirely
independently — their own initiatives in their areas of
responsibility.

4.

Legislative and non-legislative instruments; the role
of civil society organisations

4.1.
The Committee is pleased to note the communication’s
balanced approach to the question of legislative and non-
legislative Community instruments. It welcomes the fact that
the Commission wishes to ensure the development and respect
of fundamental social rights in close cooperation with civil
society. It is also pleased to note the prominence given to
legislative proposals aimed at combating discrimination, and
the impending adoption of the CHARTER OF FUNDAMENTAL
RIGHTS.

The proposal

4.2.
to codify and simplify occupational
health and safety legislation, in conjunction with a communi-
cation on a new Community strategy on health and safety at
work is also a sound approach.

(1) See the ESC opinion on Combating social exclusion.

4.3.
The Committee notes that another example of a
balanced approach is the highly challenging topic of sup-
plementary health insurance.

5.

Preparing for enlargement and promoting inter-
national co-operation

5.1.
The Committee agrees fully with the Commission’s
concern to prepare for enlargement under conditions of
balanced economic and social development. The transition
and reform process already undertaken by the applicant
countries since the late 1980s has been accompanied in most
cases by a significant rise in unemployment and a worrying
deterioration in the quality of social protection and health
care. Meeting the acquis communautaire in the field of social
policy poses a major challenge for the enlargement process. In
this connection the Committee welcomes the commitment
made by the Employment and Social Policy Council of 9 March
1999 to reinforce the employment and social policy aspects
of the Phare programme. It is however clear that a smooth
transition to enlargement requires structured, committed par-
ticipation from the social partners and civil society organis-
ations as a whole in the applicant countries. The Commission’s
attempts to promote a social and civil dialogue in these
countries must be backed by measures to mobilise all stake-
holders. The Economic and Social Committee can continue to
play a key role in this respect through the various joint
consultative committees and the economic and social councils
in the applicant countries as well as through the exchanges,
expertise and liaison networks which it promotes. The
approach advocated by the Social Policy Agenda, as well as the
specific actions proposed, are entirely consistent with this. In
the meantime, the promotion of international cooperation
proposed by the Commission, and the encouragement to ratify
the ILO conventions must be underpinned by development
strategies and close cooperation between the applicant
countries and the European Union. Equally, the procedural
obstacles within the European Community to the ratification of
the various ILO conventions (including convention No 170 of
1990 on chemical products), for which competence is shared
between the Member States and the European Community,
should be removed.

II.

PROPOSALS

One of the main difficulties presented by this type of document
referred to the Economic and Social Committee is to ensure a
dynamic balance. The Commission’s communication reflects
this concern in a way which deserves to be highlighted and
congratulated.

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With a view to ensuring a balanced approach, the Committee
wishes to make the following proposals:

1.

The question of enlargement could be dealt with in more
depth from one aspect: several of the new and future
members of the Community must develop their social
systems in a short space of time. If the transition to a
market economy is not to be perceived by the peoples of
these countries as an exercise in economic investment at
the expense of social investment, the change needs to be
accompanied by considerable training efforts aimed at
promoting employability.

2. Greater emphasis needs to be placed on the balance to
be struck with regard to the mutual strengthening of
economic and social factors. This implies, as stressed by
the Commission, ‘the positive and dynamic interaction of
economic, employment and social policy’, and the forging
of ‘a political agreement which mobilises all key actors to
work jointly towards the new strategic goal’ (1) to be
assessed in the short- and medium-term.

3. With regard to health and safety, greater emphasis could
be placed on the importance of a preventive approach
and continual training.

4.

5.

It is agreed that in the years to come Europe will have to
take in a greater number of immigrants. This prospect
presents both a major and a major challenge. By virtue of
the influx of people, it will provide a demographic boost
and an improvement
in the productive capacity of
European economies. However, the challenge will be to
integrate people from very different cultures into our
societies in a harmonious way. Multi-ethnic integration is
never straightforward; it requires careful and sufficiently
early preparation of social policy, particularly with regard
to access to employment, vocational training and social
protection systems. This point, which concerns prepara-
tory action, should receive greater emphasis.

The Committee is pleased to note that a more targeted,
thought-provoking and empowering employment guide-
line has now been introduced in order to improve the
employment rate among older workers (2), without which
the objective set by the Lisbon European Council of
raising the overall employment rate as near as possible to
70 % by 2010 cannot be achieved. This also requires a
more participatory approach in order to bring about a
change in attitudes and to raise awareness among both
companies and employees. The Committee therefore
urges the Commission to promote, in conjunction with

the Member States, an extensive information and aware-
ness campaign to help generate a positive attitude to the
role which can be played by older workers in companies
or services, in both the private and public sector. This
campaign could be accompanied by specific instruments
involving the public authorities and the social partners,
which are already underway in several Member States.

6.

The Committee is pleased to note that occupational
health and safety is included among the employment
guidelines. The guidelines should be supported by
examples of best practice, along the lines of the bench-
marking system currently used to back up existing
guidelines. The Committee feels that this guideline should
be accompanied by information and awareness cam-
paigns, and training and benchmarking initiatives based
on the most useful examples, particularly as regards social
partner practice (3). Nevertheless, the Committee regrets
that the agenda does not place greater emphasis on
occupational health and safety.

7. With regard to the role attributed to ‘civil society
organisations’, the document does not pay sufficient
attention to ASSOCIATIONS. These carry out important
work — often under difficult conditions and with limited
resources — to promote inclusion and social cohesion,
particularly at the local and regional levels. They mobilise
people and harness their energy and inventiveness. They
forge a social bond which is based on a different notion
of solidarity to that of public authorities and profit-
making companies.

8.

The Committee feels that ‘the Charter must be more
than a solemn declaration; it must constitute a genuine
political, social and civil commitment’. The Committee is
of the view that, above all, the Charter must be an open
and participatory process at the Community level
in
which civil society organisations can put their views and
ensure that the rights and obligations enshrined in the
Charter are fully respected and implemented. At an
institutional level, the Committee believes that it rep-
resents civil society organisations at the European level
and should therefore be formally accorded advisory status
in line with its remit in such an integration and revision
procedure (4).

(1) COM(2000) 379 final, preface, 3rd paragraph.
(2) ESC own-initiative opinion on Older workers.

(3) ESC own-initiative opinion on Health and safety in the workplace
— Application of Community measures and new risks — OJ
C 51, 23.2.2000.
ESC opinion on the Employment guidelines 2001.

(4) ESC own-initiative opinion on Towards an EU Charter of Funda-

mental Rights.

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III. CONCLUSION

It is likely, indeed probable, that the adoption of a ‘social
agenda’ would represent a water-shed, rather than just another

stage in the construction of Europe. This is shown by the
Commission’s document. The Committee’s present and future
wish is to train the spotlight on this new trajectory and to help
make it as successful as possible.

Brussels, 19 October 2000.

The President

of the Economic and Social Committee

Göke FRERICHS

Opinion of the Economic and Social Committee on the ‘Initiative of the French Republic with a
view to adopting a Council Regulation on the mutual enforcement of judgments on rights of
access to children’

(2001/C 14/17)

On 27 July 2000 the Council decided to consult the Economic and Social Committee, under Article 262
of the Treaty establishing the European Community, on the above-mentioned initiative.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee’s work on the subject, adopted its opinion on 3 October 2000. The rapporteur was
Mr Retureau and the co-rapporteurs were Mr Burnel and Mr Rodrı´guez Garcı´a Caro.

At its 376th plenary session of 19 October 2000 the Economic and Social Committee adopted the
following opinion with 106 votes in favour, one vote against and one abstention.

The Council has consulted the Economic and Social Committee
for a Council Regulation on the mutual
on a proposal
enforcement of judgments on rights of access to children. This
proposal,
instigated by France, contributes to the gradual
reinforcement of judicial cooperation in civil matters and its
communitisation.

of access to children. It is essential that judgments on such
disputes given in one Member State be recognised and enforced
in the other Member States by the competent judicial and
administrative authorities.

1.

Introduction: judicial cooperation and the internal
market

1.1.
The internal market and the principle of freedom of
movement create a need for judgments on civil and commercial
matters given in one Member State to be recognised and
enforced in another Member State, in the interests of legal
certainty with regard to financial transactions, contracts, and
the movement of persons, goods and capital.

1.3.
The political will of states to reinforce the mutual
recognition of judgments, particularly in civil matters, was
clearly expressed in paragraph 34 of the conclusions of the
Tampere European Council (15 and 16 October 1999). The
proposal for a Regulation on rights of access to children is a
direct result of this.

1.4.
Various conventions between states have been drawn
up on this subject, in accordance with the law of international
conventions, the main two European ones being:

1.2.
One of the effects of the free movement of persons in
the internal market is the creation of family relations between
nationals or residents of different countries, between whom
disputes may arise, particularly in the event of divorce, with
regard to the exercise of parental authority, custody and rights

— The Brussels Convention of 27 September 1968 on
Jurisdiction and the enforcement of judgments in civil
and commercial matters and the Luxembourg Protocol of
3 June 1971 on the Interpretation of this convention by
the European Court of Justice;