Opinion of the European Economic and Social Committee on A new European Social Action Programme
Date: 2008-07-09
Institutions: European Economic and Social Committee
Subjects: ESC opinion, European social policy, social change, social rights, socioeconomic conditions

3.2.2009

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C 27/99

Opinion of the European Economic and Social Committee on ‘A new European Social Action
Programme’

(2009/C 27/22)

On 25 October 2007, the European Economic and Social Committee received a referral from the future
French Presidency on

A new European Social Action Programme.

The Section for Employment, Social Affairs and Citizenship, which was responsible for preparing the
Committee's work on the subject, adopted its opinion on 10 June 2008. The rapporteur was Mr Olsson.

At its 446th plenary session, held on 9 and 10 July 2008 (meeting of 9 July 2008), the European Economic
and Social Committee adopted the following opinion by 133 votes to 2, with 4 abstentions.

At the time of the adoption of this opinion, and in the light of the 12 June referendum on the Lisbon
Treaty, the status and future of this Treaty need to be clarified. The opinion makes extensive reference to the
Lisbon Treaty and of its social policy dimension and potential. The Committee believes that the case for an
ambitious and participatory new European Social Action Programme remains relevant and even more
necessary.

1. Conclusions and recommendations

A new European Social Action Programme is needed so
1.1
that EU social developments can keep pace with economic and
market developments It is opportune in the light of the new
Lisbon Treaty, which creates new possibilities, responsibilities
and objectives, to relaunch a more participatory and dynamic
Social Europe. The new ESAP should promote, in tangible and
practical ways, EU social policy goals and ambitions well
beyond 2010 and be a comprehensive policy roadmap of
action.

1.2
Social dialogue remains one of the main pillars and be
reinforced. The programme should reconnect with citizens and
enabling ‘bottom-up’ participatory
organised civil
society,
to inter-act with
procedures, also including civil dialogue,
EU initiatives.

The programme should specifically address policy areas
1.3
such as quality of life, fundamental social rights, empowering
people, social solidarity, employment and work of high quality,
societal entrepreneurship, management of change, promotion of
core social standards in EU external relations, especially in the
instruments and tools available should be
area of trade. All
used. While the Community method should be maintained, it
must be supplemented by other
‘new methods’. Financial
resources in the existing budget can be reallocated to support
the programme. The budgetary reform after 2013 must focus
social cohesion.

2. Introduction — background

2.2
The French referral can be seen as a follow up to the
Committee's earlier opinion on Stocktaking European social realities
which proposed that ‘in order to build the basis of a new
consensus on social challenges facing Europe, a new “social
action programme” may be outlined, taking into account both
economic realities and social expectations’ (1).

The above opinion referred to the 1989 European social
2.3
action programme which formed an integral part of what can be
identified as the European social model and demonstrated the
reality of the social dimension of the single internal market. It was
a 3-year programme of action, the ‘central support for the
Commission's initiatives in the social sphere’ with 45 clear
measures considered ‘imperative to move forward in order to
give tangible expression at Community level to the principles
set out in the Community Charter of Fundamental Social Rights
for Workers’ (2). The measures were legislative and non-legisla-
tive covering Community action in almost all social fields in
order to achieve the Treaty objectives of ‘improved living and
working conditions’.

2.4
The European social acquis achieved as a result of the
1989 Social Action Programme has not kept pace with the
current-day economic and social challenges posed by globalisa-
tion, climate change and demographic development. These chal-
lenges have become even more acute by the slow down in
economic growth, financial turmoil and the looming food crisis.
There is even a sense among some groups and citizens of
European social policy stalemate when compared to the
progress of internal market policies.

2.1
The upcoming French EU Presidency has referred the
idea of a European social action programme to the European
Economic and Social Committee.

(1) EESC opinion of 18.1.2007 on ‘Taking stock of the reality of European
society today’, rapporteur: Mr Olsson (OJ C 93 of 27.4.2007), point 5.8.

(2) From the Charter to the Programme, Social Europe 1/90, page 28.

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2.5
The social stocktaking demonstrated that an affluent and
rapidly changing European society is providing more opportu-
nities, but new social risks are emerging. Issues such as differing
incomes and equal opportunities, changes in the labour market,
gender equality and pay gaps, child poverty and social exclusion,
the ‘generation fracture’, changing family patterns and access to
housing and child care, the situation of the disabled, migration
and integration were high lighted in the stocktaking exercise.

highlighting the social dialogue.
‘EU-27 cannot just be a free
trade zone but shall guarantee the necessary balance between
economic freedom and social rights, so that the internal market
could be regulated also at the social level’. In its external policies
the Union should promote the values of its social model to
achieve fair globalisation and decent work for all.

3. A new framework for a European Social Action

Programme

There is a growing awareness among politicians that new
3.1
policy orientations in order to meet
the challenges to the
European Model of Society are indispensable. European citizens
are looking towards new social policy actions that need to be
socially progressive and economically sustainable.

3.2
The Lisbon Reform Treaty creates a new opportunity to
realise a European Social Action Programme by giving EU new
social objectives (3):
‘full employment and social progress,
combating exclusion and discrimination, promoting social
justice and protection, equality between men and women, soli-
darity between generations and the protection of the child’.

The Reform Treaty strengthens the European Union's

3.3
responsibilities to achieve those social objectives.

3.4
The opportunities for a more social Europe are in par-
ticular enshrined in the Charter of Fundamental Rights, in the
mandatory provision of the ‘transversal social clause’ and in the
Interest. The Treaty also
Protocol on Services of General
provides opportunities
‘enhanced cooperation’ which
Member States can promote and make use of in the social
field (4).

for

3.5
The Treaty confirms the role of the social partners to
contribute to a Europe of economic and social advancement.
With the provisions on participatory democracy it also provides
new opportunities and additional instruments — for instance
the ‘citizens' initiative’ — for involving citizens and their organi-
sations in the building of a more social Europe. The EESC must
play an active role in this respect.

The EESC would also like to refer to the declaration (5) of
3.6
nine governments which stressed the need to strengthen the
European social model as it has led to social progress and can
take on the challenges of today. The declaration emphasised the
responsibility of the European institutions to relaunch social
Europe and make use of all the instruments at their disposal,

(3) Article 2.
(4) Title IV, Article 10.
(5) Enhancing Social Europe, presented by the Labour Ministers of
Belgium, Bulgaria, Greece, Spain, France, Italy, Cyprus, Luxembourg
and Hungary:
http://www.obreal.unibo.it/File.aspx?IdFile=816.

3.7
In short, a new European Social Action Programme is
needed so that EU social developments can keep pace with
economic and market developments, and help endorse the
Lisbon Strategy and promote its social, economic and environ-
mental aspects, moving forward together on these dossiers. It is
also opportune,
the new Lisbon Treaty to
relaunch a more participatory and dynamic social Europe
matching citizens' needs and expectations. This is why the
European Social Action Programme must be fully integrated in
a post-Lisbon strategy based on jobs, growth, social cohesion and
sustainability, where the social dimension will be on equal
footing with the economic dimension.

in the light of

4. Principles and elements of a new European Social

Action Programme

The new European Social Action Programme must be
4.1
firmly based on the values and objectives of
the European
Union as set out in the Lisbon Treaty. It should be a framework
reference for a democratic, solidarity-based, sustainable, socially
inclusive and competitive welfare area for all citizens of Europe
based on wider distribution of life chances which leaves no-one
by the wayside and a major tool for guaranteeing the rights of
citizens as enshrined in the ‘Charter of Fundamental Rights’. The
ESAP must be based upon positive cooperation between the
Member States, not on a competitive ‘race to the bottom’
in
terms of social rights, social protection and working conditions.
The European Union will thus confirm its intentions regarding
human rights, in order to guarantee them at the best level.

4.2
The European Social Action programme underpins a
vision of a European Model of Society, which comprises at the
same time both the concept of a Social Market Economy and
the European Social Model. It responds to people's needs and
aspirations, empowering citizens by giving them rights and
responsibilities while promoting participatory democracy, identi-
fying and mobilising actors within a reinforced social dialogue
and an effective civil dialogue. The new European Social Action
Programme should facilitate a creative and innovative approach
to tackle new challenges and risks.

The new programme should be based on long-term
4.3
social and societal perspectives and respond to new expectations
and realities. This perspective of long-term sustainability should
highlight measures for children and the young generation.

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4.4
The Programme must therefore up-date and re-assert the
EU's social policy goals, proposals and ambitions well beyond
2010. It should be a comprehensive policy roadmap of action
at all levels for a re-energised Social Europe, supported by regu-
larly updated ‘Social Agendas’ (6) based on common values.

4.9
An ESAP should be based on a comprehensive and
coherent approach, also exploring the concept of social policy
mainstreaming in other policy domains.
It must become a
natural part of macroeconomic policy, tax and competition poli-
cies, the strategy for sustainable development, industrial policy,
territorial cohesion and the external dimension of the EU.

4.5
The ESAP goes hand in hand with a dynamic European
social model (7). The strength of the model lies principally in its
capacity to build on the common values inherent in a wide
variety of situations to jointly establish instruments, procedures
and action with legitimate participants, enabling real conver-
gence in terms of progress. The EU's financing capacity is a
determining factor for ensuring consistent development and
enabling those countries which are structurally lagging behind
to catch up.

The programme recognises that economic development
4.6
and social progress are mutually enhancing and interdependent.
Combining economic competitiveness with social
justice and
solidarity is the most appropriate way to promote the well-
being of people in Europe. It could, subject to certain guarantees
for beneficiaries, combine private and public initiatives also in
order to find sustainable financial resources for an inclusive
social welfare. Thereby it should also create a framework to
guarantee that services of general interest are universal, acces-
sible and of quality.

4.10
A new ESAP would enhance in a tangible way the new
‘life chances’ social vision for 21st century recently presented by
the Commission (10). The Commission suggests a framework for
EU policies and underlines that the agenda of ‘opportunities,
access and solidarity’ requires long term investments in social
and human capital. Such investments will
increase economic
performance and can also be justified from a sustainable devel-
opment perspective. The Committee strongly supports this idea
and considers that innovative ways to finance human and social
capital must be secured both at EU level and in the Member
States. The EU budget should be geared to this effect. The possi-
bility of a European wide loan facility for social infrastructural
development could also be explored.

4.11
The ESAP should also contribute to the achievement of
a more equitable and balanced globalisation by promoting prin-
ciples and values of its social model in EU external relations.
Partnerships with third countries accompanied by increased
technical and financial assistance should be offered to promote
social and civil dialogues as well as employment and social
welfare policies. Trading relations should be guided by respect
for fundamental human and social human rights set out, for
example, in ILO principles and norms (11).

The new Social Action Programme should be supportive
4.7
of socially responsible enterprise, fair competition and a level
playing field enabling the internal market to prosper without
being potentially undermined by ‘social dumping’.
In this
context, it should also particularly focus on quality jobs for the
future and the accompanying knowledge society that is needed.

5. Multi level governance

4.8
To foster entrepreneurship in a broad sense, as defined
by the Commission (8), will improve both economic and social
performance (9). Plurality in enterprise must be safeguarded and
promoted in order to take advantage of the specificities of small
and medium enterprise and social economy enterprise and their
contribution to the social dimension. European statutes for asso-
ciations, foundations, mutuals and small enterprise are necessary
for creating a level playing field between all economic actors.

(6) Renewed Social Agenda was adopted by the Commission 2 July 2008

(COM(2008) 412 final).

(7) See EESC opinion of 6.7.2006 on the ‘European Social Model’, rappor-

teur: Mr Ehnmark (OJ C 309 of 16.12.2006).

(8) Commission definition:

‘Entrepreneurship refers to an individual's
ability to turn ideas into action. It includes creativity, innovation and
risk-taking, as well as the ability to plan and manage projects in order
to achieve objectives. This supports everyone in day-to-day life at home
and in society, employees in being aware of the context of their work
and being able to seize opportunities, and is a foundation for more
specific skills and knowledge needed by entrepreneurs establishing
social or commercial activity’, see point 2.2 of the EESC opinion of
25 October 2007 on ‘Entrepreneurship mindsets and the Lisbon
Agenda’, rapporteur: Ms Sharma, co-rapporteur: Mr Olsson (OJ C 44,
16.2.2008).

(9) See above opinion.

5.1
The institutions of the European Union need to live up
to their role of leadership and the obligations placed upon them
under the Treaty to achieve social progress. A new European
Social Action Programme is therefore opportune. In practice, all
available instruments and measures foreseen in the Treaty (12)
for this purpose should be used according to practicality and
efficiency while acknowledging the requirements of subsidiarity
and proportionality.

5.2
The 1989 European Social Action Programme, hand-in-
hand with the 1992 Single Market project, both proved the
worth of the ‘Community method’. As this method is still valid
for the on-going review of the internal market, the Committee
thinks it should also be for a re-energised social dimension.
There is, therefore, scope for legislative actions within an EU
of 27.

(10) Communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the
Committee of
the Regions ‘Opportunities, access and solidarity:
towards a new social vision for 21st century Europe’, COM(2007) 726
final.

(11) EESC opinion of 22.4.2008 on the ‘New trade agreements negotia-
tions — The EESC position’. Rapporteur: Mr Peel and co-rapporteur:
Ms Pichenot. OJ C 211, 19.8.2008, p. 82.
(12) Particularly Article 136 in the Lisbon Treaty.

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5.3
At the same time can a rich and varied involvement of
social partners and other civil society organisations at different
levels help achieve a greater sense of ‘ownership’. All concerned
stakeholders must participate in order to make the European
Social Action Programme relevant,
tangible, practical and
responsive to citizens. In this way, a proactive and ‘bottom-up’
approach, as described below, should interact with EU initiatives.

and models of partnerships, from Member States as well as
from the EU cohesion policy that have contributed to social
welfare must be disseminated and possibly explored further.

The autonomy and the capacities of

5.10
the social and
economic actors need to be promoted and supported by
adequate public measures in order to create an enabling envir-
onment which improves their ability to articulate the bottom-up
perspective and identify key policy areas.

5.4
Citizens' needs, concerns and aspirations must be identi-
fied. The EU Commission initiative of stocktaking social realities
can serve as one model and be organised on a more permanent
basis also reaching the local
level. Representative civil society
organisations have a crucial role to channel the demands of citi-
zens to the appropriate level,
including Europe. They must
systematically be involved in stocktakings and consultations
launched by the EU Commission with the Committee playing its
role as mediator.

6. Key policy areas

6.1 A sustainable life course

In this context the EESC underlines the importance of
5.5
organising a permanent debate at all
levels to address future
challenges and strategic choices in the area of social policies.
The aim of the debate should be to contribute to a new progres-
sive consensus on European social policy based on a shared
commitment among all those involved.

— Secure individual pathways by collective commitments. Common
principles to tackle transitions over the whole of the life-
time, not least also to support ‘flexicurity’ (14) through guar-
anteed education and training, access to services, maintained
rights and sufficient income and via public and/or private
funding depending on the type of social security chosen.
Social security systems should be adapted and supplemented
if possible by collective agreements and mutually based
financial provision.

5.6
Intersectorial, sectorial and transnational social dialogue
remains one of the main pillars of the social model in Member
States and at EU-level. Employers and trade unions have a key
role in addressing social challenges as they are strong driving
forces for the achievement of economic and social progress.
Joint analysis reports and the priorities made by the European
social partners will be essential elements of a framework of
appropriate actions both at EU and national level (13).

5.7
The civil dialogue — to be clearly distinguished from the
social dialogue — will be another main pillar in the future. To
engage citizens and their organisations at all
levels to build
social Europe will be a real challenge.

Economic and Social Councils and similar bodies should
5.8
be put in a position where they can be invited to become
involved with their governments in all stages to shape and
implement the European Social Action Programme.

— Improved life quality through a charter of social sustainability
covering for
social
protection, social services, health and patients' — including
mental patients' — rights.

instance fundamental

rights,

social

6.2 Guaranteeing fundamental social rights

— The European Charter of Fundamental Rights. The principles
and provisions of the Charter should help guide and encou-
rage EU social policy developments and actions.

— Vigilance in combating all forms of discrimination. Supplemen-
tary legislative actions and other measures to guarantee the
provisions in the Treaty (15) in order to cover all grounds of
discrimination.

— Ratifying International and European human rights instruments.
Actions to guarantee the legal and practical implementation
of provisions included in those instruments and better
monitoring by the EU and the Member States. The UN
Convention on the Rights of the Child must be given par-
ticular attention.

5.9
Existing partnerships and dialogues in the area of social
policies need to be strengthened in practice. Positive experience

(13) For instance like the Joint analysis report ‘Key challenges facing
European Labour markets’ published by BusinessEurope, CCEP and
ETUC in October 2007.

(14) EESC opinion of 22.4.2008 on the ‘Communication from the
Commission to the European Parliament, the Council, the European
Economic and Social Committee and the Committee of the Regions —
Towards Common Principles of Flexicurity: More and better jobs
through flexibility and security’. Rapporteur: Mr
Janson and
co-rapporteur: Mr Ardhe. OJ C 211, 19.8.2008, p. 48.

(15) Article 16 E in Lisbon Treaty (previous Article 13).

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6.3 Empowering people — developing capacities

— Responding to the needs of aging society

— European knowledge lift programme (16). Key priorities and
actions of life long learning, giving them a legal basis and
providing sufficient financial resources.

— Implementation of the European Youth Pact, particularly

— a Youth Employment Package based on substantial invest-
ments giving access for young people into decent first
work experience leading to more permanent employ-
ment in the labour market;

— giving a second chance for early school leavers.

— Community Framework Programme of integration policies. Effec-
immi-
tive, coherent rights based integration policies of
refugees and minorities supported by ambitious
grants,
financial resources. Permanent support
for the proposed
European Integration Forum to be established by the EESC
and the Commission in order to give voice to immigrants.

6.4 Towards a society for all

— Eradication of poverty

— maintaining the goal to eradicate poverty in all Member

States

— implementing a zero child-poverty vision

— decent pensions to combat old-age poverty

— establishing common principles for a decent minimum

income respecting subsidiarity.

— Gender equality

— implementing the Pact for Gender Equality (by legisla-

tion, OMC and common principles)

— making the Alliance for Family, adopted by the EU

Heads of State, operational in this respect

— create a Senior Citizens' Alliance (17)

— guaranteeing universal access and sustainable financial

sustainability to long term care

— launching research programme

— creating an Observatory on best practices.

— A comprehensive EU disability strategy

— introducing

a disability

specific

anti-discrimination

framework proposal

— consolidating the principle of mainstreaming disability

in all policies

— formulating a comprehensive package of

legislative

measures and impact assessments of other legislation.

— Improved services of general interest

— introducing the legal stability required to ensure the
operation of services of general interest and, in particu-
lar, social services of general interest and maintaining a
high level of quality, with due regard for the role of indi-
vidual stakeholders;

— developing and monitoring quality tools for assessing
the performance of such services and increasing effi-
ciency, including cost-efficiency;

— promoting investments via

combined public/private
finance instruments (public/private partnerships) espe-
cially public infrastructure projects capable of generating
revenue from their operations.

— guaranteeing individual rights for women

6.5 Creation of employment and work of high quality

— increase their participation in all sectors of society

— combating women poverty

— investments in affordable and accessible child and elderly

care

— reviewing tax and social security systems

— combating violence against women.

(16) See Günther Schmied:

‘Transitional Labour Markets: Managing
Social Risks over the Life Course’, contribution to the Informal
Meeting of Ministers of Employment and Social Affairs, Guimarães,
Portugal, July 2007:
http://www.mtss.gov.pt/eu2007pt/en/preview_documentos.asp?
r=29&m=pdf, p. 69).

— An ambitious and effective European employment strategy, in par-
ticular measurable targets in the fields of activation, life-long
learning, youth employment and gender equality which can
be benchmarked. The Commission should be given more
enforcement powers.

— Making mobility an opportunity for all. The benefits of the
internal market should be exploited, fully implementing the
free movement of labour within the EU, coupled with:

— adequate measures of social security (efficient transna-
tional coordination of social security as well as port-
ability of social rights on pensions and health)

(17) SOC/308, draft opinion on ‘Taking into account the needs of the
elderly’. Rapporteur: Ms Heinisch. Not yet published in the OJ (the
opinion was adopted in September 2008).

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— access to housing, child care and education

environment combined with particular funding instruments
to support new technology and employment.

— equality of treatment for posted and mobile workers and

workers in the host country

— more efficient and coordinated control mechanisms of

posting of workers.

— High quality work with fair pay

6.8 Emphasising the external dimension

— Promote the characteristics of the European Social Model in the
external policies of the EU (particularly the notion of decent
work, social dialogue and civil dialogue for instance in poli-
cies concerning trade, ACP and neighbourhood countries)

— Common principles to promote high work quality with

fair pay while reducing precarious employment

— Strengthen the ILO approach

— Measures for underskilled and as yet unskilled workers

— Intensified actions to combat undeclared work

— Development of a European Index of Quality of Work

— Measures to improve health and safety at the workplace
with efficient measures to confront new risks, and this
also in respect of new types of work.

— Eliminating all discriminations in the labour market also by
implementing efficient strategies for reducing gender gaps,
combating exclusion and creating pathways for inclusion.

6.6 Promoting entrepreneurship in a societal context

Entrepreneurship in its broadest sense should be promoted to
generate more growth and better jobs as well as achieve social
cohesion and combat social exclusion.

— Enterprises, especially social enterprises and other social economy
enterprises, as pathways for effective integration in society
and work.

— ratification and implementation by Member States of all
the relevant ILO conventions including those concerning
non-discrimination

— integrate core standards of the ILO in trade agreements

— strengthen the ILO supervisory system.

— Promotion of social and environmental labelling

— Making the conventions of

the GSP Plus system a reference

point (18)

— Promoting international governance systems for new tech-
nological and environmental choices and for new interna-
tional finance rules

— Promoting international agreements on CSR

— Development and management of immigration policy in coopera-

tion with the countries of origin.

7. Methods and tools

7.1 General remarks

— Commission programmes

to support

entrepreneurship

should remain focused on quality employment.

Finding appropriate and effective methods to address
7.1.1
the new challenges in order to advance social progress is of
utmost importance.

— Corporate social responsibility. To make Europe a pole of excel-
trade
lence on CSR through joint actions of employers,
unions, NGOs and public authorities developing, in addition
to full compliance with labour law and social law, models
and good practice in a sustainable manner supported by EU
incentives.

Both the existing and the new elements of the Treaty
7.1.2
referred to above should be fully utilised as well as strength-
ening the implementation of the ‘social acquis’. The same goes
for other ways of actions and measures.

6.7 Anticipation and monitoring of structural change

7.2 New and pending legislation

— Management of change within a partnership between enter-
prise and all concerned actors whereby the participation and
consultation of workers and their representatives is essential
for finding appropriate solutions.

— Integration of

economic and social
dimensions in EU proposals on industry, climate change and

environmental,

industrial,

7.2.1 Within the scope of Articles 136 and 137 of
Treaty some legislative actions are necessary to pursue such as:

the

— Unblocking pending legislation (working time, agency and

interim work, portable supplementary pensions etc.).

(18) See point 5.7 in EESC opinion of 22.4.2008 on the ‘New trade agree-
ments negotiations — The EESC position’. Rapporteur: Mr Peel and
co-rapporteur: Mrs Pichenot. OJ C 211, 19.8.2008, p. 82.

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— Improving certain directives.

— Phasing out opt outs.

— Establishing framework for new forms of employment and new

risks at the work place.

7.3 Strengthening the transposal, monitoring and action evaluation

procedure

— European Court judgements and their effects on the social
acquis must be closely followed, and if necessary, political
and legal measures must be taken to exclude the possibility
of any encroachment on inalienable fundamental rights (19).

— The full potential of the social partners and organised civil
society in the process of transposition and implementation
of Community legislation, actions and programmes must be
released.

— Control and inspection capacities in the field of health and
safety at work and the implementation of workers' rights
must be improved.

7.4 Co-regulation and self-regulation

7.4.1
Co-regulation and self-regulation (agreements, volun-
tary codes of conduct, standards, etc) can supplement EU-frame-
work legislation and other measures also in the social field. The
social dialogue as such is one element of
this instrument.
Co-regulation and self-regulation can be a dynamic process
responding to the rapid development of social realities. However
it must always be thoroughly assessed and based on a participa-
tion and responsibility of all concerned stakeholders and should
not lead to a weaker legal status than the available Community
method.

7.5 The autonomy and efficiency of the social dialogue needs to be

reinforced

7.5.1
The ongoing Joint work programme for 2006-2008 of
the European Social Partners shows that the European social
dialogue is on track to face the challenges of Europe providing
that the European Social Partners adopt the means to create a
well-functioning and dynamic culture of autonomous industrial
relations at all levels. The EU can support this by:

— ensuring a proper consultation of the European Social Part-

ners in the framework of Article 138 of the Treaty;

— strengthening trade unions' and employers' capacities in the
field of training and taking action also by new means, parti-
cularly in the new Member States;

— promoting collective trans-national agreements by guaran-
teeing the social partners a stable juridical framework for
European wide collective negotiations including provisions
for the transposition of collective agreements;

— developing further the directives on worker participation
information and
the

right of

regards

particularly as
consultation.

7.6 Civil dialogue — reinforcing participatory democracy

The provisions (20) on ‘participatory democracy’ of the
7.6.1
Lisbon Treaty provide new opportunities for involving other
civil society organisations than the social partners fully in
European social policy making and in particular in the framing
of a new European Social Action Programme.

7.6.2
The EESC is the representative institution of organised
civil society at EU level. The Lisbon Treaty gives the Committee
additional scope to play fully its role as an intermediary
between organised civil society and the decision-making bodies
of the EU. The EESC has a particular responsibility in fostering
participatory democracy. It will take initiatives and explore ways
and means for making the new article of the Treaty operational
as well as evaluating the different methods of participation,
consultation and the impact assessments being used by the EU
Commission and other EU institutions with the aim to make
them more reliable, useful and participatory. In this context the
Committee reiterates its call for the adoption of a statute for
European Associations (21).

7.7 The citizens' right of initiative — an important tool

The citizens' right of initiative (22) may be considered as
7.7.1
one of the most important tools for organised civil society to
try to promote a social Europe closer to the citizens and their
social expectations.

Therefore, civil society organisations must evaluate the
7.7.2
effectiveness of
this new Treaty clause. They must examine
under what circumstances they can use it and how it will be
made operational. The EESC can contribute to this analysis also
by involving national economic and social councils as well as
the national organisations which members represent.

— guaranteeing the smooth implementation of their joint long-

term work programmes;

(19) For instance Laval un Partneri Ltd. Judgment of the ECJ C-341/05 of

18.12.2007. Viking Judgment ECJ and Rüffert ECJ C 346/06.

(20) Article 8 B.
(21) See for instance the EESC opinion of 28.1.1998 on ‘Voluntary Organi-
sations and Foundations in Europe’, rapporteur: Mr Olsson (OJ C 95 of
30.3.1998).
(22) Article 8 B.4.

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7.8 Enhanced cooperation

7.10 Common principles

The ever-increasing diversity of the European Union is
7.8.1
an argument
for enhanced cooperation. Member States that
want to go further and more rapidly in social policy matters can
use this opportunity finding common and proper solutions.
This should of course neither lead to ‘social dumping’ nor leave
those not taking part totally behind. It should in this context be
noted that cooperation between certain Member States already
exists in some fields (23).

7.8.2

Some possible fields for enhanced cooperation can be:

— to achieve a common approach of how to integrate

economic and social policies in the euro zone;

The recent Commission initiatives on,

for instance
7.10.1
flexicurity, have introduced a ‘new’ method based on common
principles serving as recommendations for Member States to
follow (25) as they see fit.

7.10.2
The method seems worthwhile when it is focusing on
very specific themes and where Member States want progress
should be made even if EU competence is limited. As many
policy fields are involved, there is a need for an integrated
approach.

7.10.3
The ‘method of common principles’ is also an oppor-
tunity for participation of organised civil society both to formu-
late and even to negotiate them and in their implementation.

— portability of social rights other than those covered by the
security

coordination

social

the

on

of

regulation
schemes (24);

— actions to reinforce the different EU strategies where compe-
tence mainly lies with the Member States, such as,
for
example, in the field of education.

However

7.10.4
there is a strong necessity to find the
linkages to other EU instruments and methods, for instance the
OMC and the integrated guidelines of the Lisbon strategy in
this ‘new’
order to evaluate and measure the efficiency of
method and its proper application.
it is
important that the common principles are effectively respected
so as not to lead to unfair competition.

In implementation,

7.9 Open Method of Coordination (OMC)

7.11 Indicators

7.9.1
In different opinions the Committee has supported but
considered that the OMC should be more effective. The OMC
has delivered some results but all too often Member States have
not shown sufficient commitment to the objectives and actions
agreed upon.

The Committee has proposed that the OMC should be
7.9.2
utilised to establish both quantitative and qualitative targets
accompanied by better social
indicators, and be used in new
areas, for instance policies on integration, intergenerational soli-
darity and disability policies.

7.9.3
The OMC should ‘go more local’ thereby reflecting the
participatory bottom-up approach and the necessary coordina-
tion of partners and policies to achieve local and regional devel-
opment with support of the structural funds.

7.9.4

Some proposals:

— Local, regional and national action plans as an essential

element for the European Social Action Programme.

— Benchmarking of the OMC itself by using targets and indica-
tors, peer reviews as well as exchange of good practice
whereby governance and particularly participation of orga-
nised civil society at all levels and national ESCs should be
highlighted.

(23) For instance the Euro and Schengen.
(24) Regulation 883/04.

The Committee suggests that within the framework of
7.11.1
the ESAP a particular action related to indicators should be
introduced with active participation of
the concerned stake-
holders. It should:

— establish new ‘well-being’

indicators which are not closely
based on GDP/GNP but which make it possible to show
progress in the area of social development (26);

— elaborate high quality, reliable and comparable social indica-
true picture of

to provide a sufficiently detailed,

tors
progress regarding the objectives;

— develop qualitative indicators in order

for
instance, accessibility and quality in relation to expectations
as well as user involvement and user-friendly treatment to
reflect how the needs of the citizens are being met.

to measure,

7.12 Impact assessment of EU policies

European Union legislation, policies and programmes
7.12.1
should be screened as
social consequences. The
to their
Commission has particular responsibility for such impact assess-
ment which should closely involve all concerned actors. All
major social policy fields, particularly their effects on employ-
ment, growth, social cohesion and sustainability should be eval-
uated on a five year basis. Quality criteria should be established
to support the necessary analysis and evaluation.

(25) Communication from the Commission to the European Parliament,
the Council, the European Economic and Social Committee and the
Committee of the Regions — Towards Common Principles of Flexi-
through flexibility and security,
jobs
curity: More and better
COM(2007) 359 final, plus others. OJ C 211, 19.8.2008, p. 48.

(26) In accordance with the work of Nobel Prize-winning economist

Armatya Sen.

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7.13 Financial resources

The budgetary instrument

7.13.1
to implement a social
action programme should be seen within a comprehensive
vision of both EU and national financial resources.

7.13.2
In the budgetary reform special emphasis should be
placed on action in support of economic and social cohesion. A
reallocation of resources is needed in order to safeguard and
promote cohesion, employment and the European social model,
and thereby the ESAP, in accordance with the five-year evalua-
tions (see point 7.12.1).

However, until the new budget is effective (2013)
7.13.3
certain reallocations can be made within the existing budget
both without and with renegotiations between Member States.

Globalisation Adjustment Fund (EGF)) in order to integrate the
social dimension in different policies.

7.13.5

Proposals for mid-term initiatives

— re-examine the EGF with a special emphasis on the scope,
methods of application and better access
to funding
including strengthening the link to the ESF. The possible
extension of the EGF to cover the impact of climate change
should be
and environmental policies on employment
considered;

— the structural funds should be more responsive to small-
scale but effective support structures at grass-roots level;

— a Social Innovation Fund could be established to support
new initiatives of experimental character in line with the
positive experience of the Equal programme;

7.13.4 More coherence and coordination is needed between
different funds (e.g. cohesion, regional, social, rural, European

— rapidly create a Demographic Fund (27);

— to reinforce the European Integration Fund.

Brussels, 9 July 2008.

The President

of the European Economic and Social Committee

Dimitris DIMITRIADIS

(27) See EESC opinion of 18 December 2007 on the ‘Fourth Cohesion

Report’, rapporteur: Mr Derruine (OJ C 120 of 16.5.2008).