COMMISSION STAFF WORKING DOCUMENT Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS Establishing a European Pillar of Social Rights
Date: 2017-04-26
Institutions: Directorate-General for Employment, Social Affairs and Inclusion, European Commission
Subjects: EU employment policy, European social policy, economic policy, euro area, labour market, social dialogue (EU), social integration, social rights, social security, working conditions

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   EUROPEAN COMMISSION  Brussels, 26.4.2017  SWD(2017) 201 final   COMMISSION STAFF WORKING DOCUMENT Accompanying the document COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT, THE COUNCIL, THE EUROPEAN AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS   Establishing a European Pillar of Social Rights {COM(2017) 250 final} {SWD(2017) 200 final} {SWD(2017) 206 final}  
 
 
Contents 
Introduction ............................................................................................................................................. 2 

Chapter I – Equal opportunities and access to the labour market.......................................................... 5 

Education, training and life-long learning ............................................................................................... 5 

Gender equality ..................................................................................................................................... 10 

Equal opportunities ............................................................................................................................... 14 

Active support to employment ............................................................................................................. 17 

Chapter II – Fair working conditions ..................................................................................................... 21 

Secure and adaptable employment ...................................................................................................... 21 

Wages .................................................................................................................................................... 26 

Information about employment conditions and protection in case of dismissals ................................ 29 

Social dialogue and involvement of workers ........................................................................................ 33 

Work-life balance .................................................................................................................................. 37 

Healthy, safe and well-adapted work environment .............................................................................. 40 

Chapter III – Social protection and inclusion ......................................................................................... 44 

Childcare and support to children ......................................................................................................... 44 

Social protection .................................................................................................................................... 48 

Unemployment Benefits ....................................................................................................................... 52 

Minimum income .................................................................................................................................. 55 

Old-age income and pensions ............................................................................................................... 58 

Health care ............................................................................................................................................ 61 

Inclusion of people with disabilities ...................................................................................................... 64 

Long-term care ...................................................................................................................................... 67 

Housing and assistance for the homeless ............................................................................................. 70 

Access to essential services ................................................................................................................... 73 

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Introduction 

The European Pillar of Social Rights sets out a number of key principles and rights to support fair and 
well-functioning labour markets and welfare systems. Together, these principles and rights set out an 
ambitious agenda for better-performing economies  and more equitable and resilient societies. The 
goal  is  to  foster  a  renewed  process  of  convergence  towards  better  working  and  living  conditions 
across Europe. In this context, the European Pillar of Social Rights is about delivering new and more 
effective rights for citizens, addressing emerging social challenges and the changing world of work in 
light  of,  notably,  emerging  types  of  employment  deriving  from  new  technologies  and  the  digital 
revolution.  These  principles  and  rights  cover  the  areas  of  employment,  social  protection,  social 
inclusion, education and equal opportunities.   

The Pillar builds on the body of law which exists at EU and international level. In particular, the Pillar 
draws on the 1989 Community Charter of the Fundamental Social Rights of Workers, the  European 
Social Charter of 1961, the Revised European Social Charter of 1996 and the European Code of Social 
Security  of  the  Council  of  Europe.  The  Principles  also  take  account  of  the  relevant  International 
Labour  Organization  (ILO)  conventions,  recommendations  and  related  protocols,  and  the  United 
Nations Convention on the Rights of Persons with Disabilities. At the same time, the EU social acquis 
has also developed over the last 30 years, through new provisions in the EU Treaties, the adoption of 
the Charter of Fundamental Rights of the European Union, new legislation and the case law  of the 
Court  of  Justice  of  the  European  Union.  More  recently,  the  adoption  of  the  UN  Sustainable 
Development  Goals  for  2030  has  provided  a  new  agenda  to  address  poverty  eradication  and  the 
economic, social, solidarity and environmental dimensions of sustainable development in a balanced 
and integrated manner. 

This  document  follows  the  structure  of  the  three  chapters  of  the  European  Pillar  of  Social  Rights 
detailing  the  contents  of  each  principle  or  right.  Each  one  of  these  is  presented  in  three  main 
sections, covering the existing social acquis, an explanation of its content and scope, and suggestions 
with regard to its implementation.  

The Union acquis 

For each principle or right, the first part of this document outlines the Union social acquis, starting 
with  the  relevant  provisions  of  the  Charter  of  Fundamental  Rights  of  the  European  Union,  and 
recalling  the  legislative  powers  and  their  limits  set  out  in  the  Treaty  on  the  Functioning  of  the 
European  Union  (TFEU).  It  concludes  by  recalling  the  key  legislative  and  non-legislative  measures 
already in place which are contributing to the implementation of the principle or right in question.   

This  section  is  not  exhaustive  as  it  presents  the  most  relevant  instruments,  both  legally  binding 
measures and Council or Commission recommendations providing guidance.  

For the record, when the Charter of Fundamental Rights of the European Union is referred to, it is 
important  to  recall  that  the  provisions  of  this  Charter  are  addressed  to  the  institutions,  bodies, 

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offices and agencies of the Union with due regard for the principle of subsidiarity and to the Member 
States only when they are implementing Union law.  

 Principles and rights of the Pillar 

The Pillar renders the principles and rights contained in binding provisions of Union law more visible, 
more understandable and more explicit for citizens and for players at all levels. Moreover, for some 
particular areas, the Pillar adds new elements to the existing acquis. This is explained in detail in the 
second section.  

The principles and rights enshrined in the Pillar are addressed to Union citizens and legally residing 
third country nationals in Member States, regardless of their employment status, as well as to public 
authorities and social partners.  

Implementation  

Given the legal nature of the Pillar, these principles and rights are not directly enforceable and will 
require a translation into dedicated action and/or separate pieces of legislation, at the appropriate 
level. This is explained in the third part of this document, which addresses how each principle or right 
could be effectively implemented by Member States and the social partners, which have the primary 
responsibility  for  making  social  principles  and  rights  operational  on  the  ground.  Additionally,  this 
section outlines how the Union actions would contribute to implementing the Pillar. 

The European Semester, the annual cycle of economic policy coordination, has been and remains an 
important  vehicle  to  monitor  closely  developments  at  EU  and  Member  State  level,  and  promote 
targeted  reforms  according  to  national  specificities  covering  the  wide  span  of  the  Pillar,  from 
education,  training  and  life-long  learning  to  active  support  to  the  unemployed,  wages,  childcare, 
social protection and minimum income or the pension and health care systems. The euro area and 
country analysis and recommendations will reflect and promote the development of social rights, by 
assessing, monitoring and comparing the progress towards their implementation. Benchmarking will 
be progressively conducted for a limited set of areas particularly relevant for the functioning of the 
euro  area,  such  as  employment  protection  legislation,  unemployment  benefits,  minimum  wages, 
minimum income and skills.  

The  European  Structural  and  Investment  Funds  will  support  the  implementation  of  the  European 
Pillar of Social Rights. In particular, the European Social Fund, as well as other key initiatives for social 
cohesion such as the Youth Employment Initiative, the European Globalisation Fund and the Fund for 
European Aid to the Most Deprived, will play a key role in the follow-up to the Pillar. The Pillar will 
also play a role in the design of the post-2020 programming period.  

Turning  the  principles  and  rights  enshrined  in  the  Pillar  into  reality  is  a  shared  commitment  and 
responsibility between the Union, its Member States and the social partners, acting in line with the 
distribution  of  competences  set  by  the  Union  Treaties  and  taking  into  account  the  principles  of 

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subsidiarity and proportionality, sound public finances and the respect of the autonomy of the social 
partners.  

Nothing  in  the  European  Pillar  of  Social  Rights  shall  be  interpreted  as  restricting  or  adversely 
affecting principles and rights as recognised, in their respective fields of application, by Union law or 
international law and by international agreements to which the Union or all the Member States are 
party,  including  the  European  Social  Charter  of  1961  and  the  relevant  ILO  Conventions  and 
Recommendations. The implementation of the Pillar can be reinforced by the ratification of relevant 
ILO conventions, the Revised European Social Charter of 1996 and its Additional Protocol Providing 
for a System of Collective Complaints.     

The involvement of the social partners is also central to the delivery of social rights.  The promotion 
of dialogue between management and labour is enshrined as a common objective of the Union and 
its Member States in Article 151 TFEU. At Union level, in the policy domains covered by Article 153 
TFEU,  social  partners  are  to  be  consulted  in  accordance  with  Article  154  TFEU  and  may  request 
implementation  of  their  agreements  at  Union  level  in  accordance  with  Article  155  TFEU.  Social 
partners  may  support  the  implementation  of  the  Pillar  via  collective  bargaining  at  national  level 
and/or by collecting and exchanging good practices across Europe.  

In  addition,  civil  dialogue  at  both  national  and  Union  level  is  vital  for  broadening  participation  in 
policy-making  and  further  mobilising  social  actors  to  help  deliver  the  principles  and  rights  of  the 
Pillar.  Civil  dialogue  involving  civil  society  organisations  allows  for  a  range  of  civic  stakeholder 
interests to be represented and reinforces the transparency, accountability and legitimacy of public 
decisions. 

The  Pillar  should  be  implemented  according  to  available  resources  and  within  the  limits  of  sound 
budgetary  management  and  Treaty  obligations  governing  public  finances.  In  particular,  the 
establishment  of  the  Pillar  does  not  affect  the  right  of  Member  States  to  define  the  fundamental 
principles of their social security systems and should not affect the financial equilibrium thereof.  

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Chapter I – Equal opportunities and access to the labour market 

Education, training and life-long learning 

Everyone has the right to quality and inclusive education, training and life-long learning in order to 
maintain and acquire skills that enable them to participate fully in society and manage successfully 
transitions in the labour market.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 14 of the Charter gives everyone the right to education and to have access to vocational and 
continuing training. This right includes the possibility to receive free compulsory education. 

b) The legislative powers and their limits 

According to Article 165 of the Treaty on the Functioning of the European Union (TFEU), the Union is 
empowered  to  contribute  to  the  development  of  quality  education  by  encouraging  policy 
cooperation  between  the  Member  States  and,  if  necessary,  by  supporting  and  implementing  their 
action while fully respecting the responsibility of the Member States for the content of teaching and 
their  cultural  and  linguistic  diversity.  Article  166  TFEU  empowers  the  Union  to  implement  a 
vocational training policy which supports and supplements the actions of the Member States while 
fully  respecting  the  responsibility  of  the  Member  States  for  the  content  and  organisation  of 
vocational training.   

c) Existing measures  

Council  Recommendation  of  22 April  2013  on  establishing  a  Youth  Guarantee1  calls  on  Member 
States to ensure that all young people under the age of 25 years receive an offer of employment of 
good quality, continued education, an apprenticeship or a traineeship within a period of four months 
of becoming unemployed or leaving formal education.   

Recommendation 2006/962/EC of the European Parliament and of the Council of 18 December 2006 
on key competences for lifelong learning2 identifies the knowledge, skills and attitudes for personal 
fulfilment, active citizenship, social cohesion and employability.  

1  Council Recommendation of 22 April 2013 on establishing a Youth Guarantee, OJ C120, 26.4.2013, p.1. 
2  Recommendation of the European Parliament and of the Council of 18 December 2006 on key competences for lifelong 
learning OJ L 394, 30.12.2006, p. 10. 

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Council  Recommendation  of  28  June  2011  on  policies  to  reduce  early  school  leaving3  invited  the 
Member States to develop comprehensive strategies to support young people in completing upper 
secondary education and to achieve the Europe 2020 headline target on reducing the rate of early 
school leaving to less than 10% by 2020. 

Recommendation 2006/143/EC of the European Parliament and of the Council of 15 February 2006 
on  further  European  cooperation  in  quality  assurance  in  higher  education  identifies  actions  that 
could be taken at national and EU level to support the development and accreditation of high quality 
higher education. 

Recommendation 2009/C 155/01 of the European Parliament and of the Council of 18 June 2009 on 
the establishment of a European Quality Assurance Reference Framework for Vocational Education 
and  Training4  provides  common  tools  for  the management  of  quality  to  promote better  vocational 
education and training. 

Recommendation  of  the  European  Parliament  and  of  the  Council  of  23  April  2008  on  the 
establishment  of  the  European  Qualifications  Framework  for  lifelong  learning5  sets  out  a  basis  for 
measuring  educational  achievement  based  on  learning  outcomes.  Council  Recommendation  of  20 
December 2012 on the validation of non-formal and informal learning6 calls on the Member States to 
provide  arrangements  to  identify,  document,  assess  and  certify  learning  outcomes  leading  to  a 
qualification.  

The New Skills Agenda for Europe7, adopted in June 2016, launched a number of actions to improve 
the quality and relevance of skills formation, make skills more visible and comparable, and improve 
skills  intelligence.  These  include  the  Council  Recommendation  of  19  December  2016  on  Upskilling 
Pathways: New Opportunities for Adults8 which calls on the Member States to offer adults support 
for  acquiring  a  minimum  level  of  literacy,  numeracy  and  digital  competence  and  for  progressing 
towards a secondary qualification and the blueprint for sectoral cooperation on skills. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The European Pillar of Social Rights sets out a general right to education and training throughout life. 
It  goes  further  than  Article  14  of  the  Charter  of  Fundamental  Rights  of  the  European  Union  by 
focusing on quality and inclusiveness. 

3 Council Recommendation of 28 June 2011 on policies to reduce early school leaving, OJ C 191, 1.7.2011, p. 1. 
4  Recommendation  of  the  European  Parliament  and  of  the  Council  of  18  June  2009  on  the  establishment  of  a  European 
Quality Assurance Reference Framework for Vocational Education and Training, OJ C 155, 8.7.2009, p. 1. 
5 Recommendation of the European Parliament and of the Council of 23 April 2008 on the establishment of the European 
Qualifications Framework for lifelong learning, OJ C 111, 6.5.2008, p. 1.  
6  Council  Recommendation  of  20  December  2012  on  the  validation  of  non-formal  and  informal  learning,  OJ  C  398, 
22.12.2012, p. 1. 
7 Communication from the Commission, A New Skills Agenda for Europe, COM(2016) 381 final, 10.6.2016 
8 OJ C484, 24.12.2016, p.1. 

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The Pillar aims to ensure high quality education and training provision, both formal and non-formal. 
It emphasises the relevance of education and skills for successful participation in the labour market 
and  for  social  cohesion.  It  emphasises  opportunities  to  maintain  and  acquire  skills.  This  entails 
flexible opportunities for learning and re-training which should be available at all times throughout a 
person's life and working career, including early childhood, initial, further, higher and adult education 
and training systems. 

Inclusive  education,  training  and  lifelong-learning  entail  accessible  means  to  acquire,  maintain  or 
develop  skills  and  competences  to  a  level  that  equips  everyone  for  active  life.  For  example,  the 
special  needs  of  people  with  disabilities  or  of  those  from  disadvantaged  backgrounds  should  be 
catered for so that they are ensured access on an equal basis. 

Further  emphasis  is  put  on  the  skills  required  during  labour  market  transitions,  encompassing 
changes  in  employment  status,  changing  employer,  entering  or  returning  from  career  breaks  or 
moving between employment and self-employment. This encompasses inter alia the acquisition and 
maintenance of basic digital skills. 

 3. Implementation 

a) What Member States and social partners can do 

Member States are responsible for determining the content of teaching and vocational training and 
for the organisation of education systems and vocational training. They are invited to give effect to 
the  provisions  of  the  Pillar  in  this  context,  in  addition  to  applying  it  when  implementing  Union 
measures adopted in these fields. 

Social  partners  may  also  collect  and  exchange  good  practices  across  the  Union.  At  national  level, 
social  partners  may  support  the  implementation  of  this  Principle  via  collective  bargaining  and 
through their involvement in the design and implementation of relevant policies.  In this context they 
may  promote,  develop  and  contribute  to  policies  at  company,  local,  national  or  Union  level  to 
improve  training,  re-training  and  life-long  learning  opportunities  as  well  as  to  provide  more 
traineeships and apprenticeships.  

The  EU  social  partners  at  cross-industry  level  selected  skills  needs  in  digital  economies  as  well  as 
fostering  apprenticeships  to  increase  youth  employment  as  a  priorities  for  their  current  work 
programme 2015-2017 and will organise exchanges between national social partners on these issues. 

b)  Recent and ongoing initiatives at EU level 

 In  2017,  the  Commission  will  propose  a  Council  Recommendation  on  a  Quality  Framework  for 
Apprenticeships,  which  will  define  the  key  elements  that  should  be  in  place  to  enable  people  to 
acquire relevant skills and qualifications through high quality apprenticeships programmes. 

is  being  revised  (negotiations  on  a  revised 
The  2008  European  Qualifications  Framework 
Recommendation  are  ongoing  within  the  Council)  and  the  2006  Recommendation  on  Key 
Competences for Lifelong Learning is being updated. 

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The Europass Framework9 is being updated to offer people improved tools to present their skills and 
obtain information on skills needs and trends. 

The Commission will implement the recently launched Digital Skills and Jobs Coalition to accompany 
the  digital  transformation,  by  promoting  the  exchange  of  best  practices  as  well  as  partnerships 
between industry, education providers and social partners. 

The Commission will propose in 2017 a Council Recommendation on promoting social inclusion and 
common values through education and non-formal learning in order to provide support and guidance 
to Member States.  

The Commission will present a Communication on the modernisation of higher education setting out 
EU-level  actions  to  address  key  challenges,  including  tackling  skills  mismatches  and  promoting 
excellence  in  skills  development;  building  higher  education  systems  that  are  not  only  efficient  and 
effective  but  are  also  socially  inclusive  and  connected  to  their  communities;  and  ensuring  higher 
education institutions contribute to regional innovation. 

The Commission will present a Communication on the development of schools and excellent teaching 
addressing  the  persistent  high  rates  of  young  people  with  low  basic  skills,  the  inequalities  in 
educational success and changing competence requirements in our societies.. 

The  Commission  will  propose  a  Council  Recommendation  setting  out  guidelines  on  improving  the 
availability of qualitative and quantitative information about what graduates from tertiary education 
and vocational education and training in the EU go on to do after they complete their education and 
training.  

In  its  December  2016  Communication  "Investing  in  Europe's  Youth",10  the  Commission  proposed 
fresh actions to support youth employment and create more opportunities for youth. 

To ensure a full and sustainable implementation of the Youth Guarantee, the Commission proposed 
to extend the budget of the Youth Employment Initiative and provide an additional €1 billion to the 
YEI specific budget allocation, matched by €1 billion from the European Social Fund as well as further 
support for outreach and information activities, mutual learning and monitoring.  

In  June  2016,  the  European  Commission  proposed  actions  to  support  Member  States  in  the 
integration of third country nationals in education under the EU Integration Action Plan.11 

Cedefop,  the  European  Centre  for  the  Development  of  Vocational  Training,  one  of  the  EU's 
decentralised  agencies,  is  supporting  the  work  of  the  Commission,  Member  States  and  social 
partners on the modernisation of vocational education and training systems, promoting the access, 

9 Decision No 2241/2004/EC of the European Parliament and of the Council of 15 December 2004 on a single Community 
framework for the transparency of qualifications and competences (Europass), OJ L 390, 31.12.2004, p. 6 
10 COM(2016) 940 final. 
11 https://ec.europa.eu/migrant-integration/news/europe-integration-action-plan-of-third-country-nationals-
launched. 

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attractiveness  and  efficiency  of  vocational  education  and  training  and  informing  on  current  and 
future skill supply and demand in the European labour market. 

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Gender equality 

a.  Equality  of  treatment  and  opportunities  between  women  and  men  must  be  ensured  and 
fostered in all areas, including regarding participation in the labour market, terms and conditions 
of employment and career progression.  
b. Women and men have the right to equal pay for work of equal value.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article  23  of  the  Charter  provides  that  equality  between  women  and  men  must  be  ensured  in  all 
areas, including employment, work and pay. It also stipulates that the principle of equality shall not 
prevent the maintenance or adoption of measures providing for specific advantages in favour of the 
under-represented sex. 

Article  33  of  the  Charter  provides  that  in  order  to  reconcile  family  and  professional  life,  everyone 
shall have the right to protection from dismissal for a reason connected with maternity and the right 
to paid maternity leave and to parental leave following the birth or adoption of a child.  

b) The legislative powers and their limits 

According to Article 19 of the Treaty on the Functioning of the European Union (TFEU), the Union is 
empowered to take appropriate action to combat discrimination, including based on sex.   

According  to  Article  153  TFEU,  the  Union  is  empowered  to  adopt  measures,  including  directives 
setting  minimum  requirements,  to  support  and  complement  the  activities  of  the  Member  States, 
inter  alia,  in  the  field  of  equality  between  men  and  women  with  regard  to  labour  market 
opportunities and treatment at work. Directives adopted on the basis of Article 153 TFEU shall avoid 
imposing administrative, financial and legal constraints in a way which would hold back the creation 
and development of small and medium-sized undertakings. Article 157(3) TFEU empowers the Union 
legislature to adopt measures to ensure the application of the principle of equal opportunities and 
equal  treatment  of  men  and  women  in  matters  of  employment  and  occupation,  including  the 
principle of equal pay for equal work or work of equal value.  Article 157(4) TFEU specifies that the 
principle  of  equal  treatment  shall  not  prevent  any  Member  State  from  maintaining  or  adopting 
measures providing for specific advantages in order to make it easier for the underrepresented sex to 
pursue a vocational activity or to prevent or compensate for disadvantages in professional careers. 

c) Existing measures 

European Union Directives prohibit discrimination and promote gender equality in employment and 
occupation,  in  self-employment,  in  the  access  to  and  supply  of  goods  and  services  and  in  social 
security, and lay down rights related to maternity and parental leave.  

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Directive 2006/54/EC of the European Parliament and of the Council  12 guarantees equal treatment 
of  men  and  women  in  access  to  employment,  including  promotion,  and  to  vocational  training; 
working  conditions, 
including  pay;  and  occupational  social  security  schemes.  Commission 
Recommendation  2014/124/EU13  aims  to  strengthen  the  Principle  of  equal  pay  between  men  and 
women through transparency.   

Council  Directive  79/7/EEC14  provides  for  equal  treatment  of  men  and  women  in  matters  of  social 
security  such  as  statutory  social  security  schemes  which  provide  protection  against  sickness, 
invalidity, accidents at work and occupational diseases, unemployment and risks related to old age; 
and  social  assistance  which  supplements  or  replaces  the  basic  schemes.  Council  Directive 
2004/113/EC15  guarantees  equal  treatment  between  men  and  women  in  access  to  and  supply  of 
goods and services. Directive 2010/41/EU of the European Parliament  and of the Council16 clarifies 
that  the  principle  of  equal  treatment  between  men  and  women  applies  to  self-employed  workers 
and where spouses or life partners of a self-employed worker participate in his or her activities. 

Council  Directive  92/85/EEC17  contains  measures  to  encourage  improvements  in  the  safety  and 
health  at  work  of  pregnant  workers  and  workers  who  have  recently  given  birth  or  who  are 
breastfeeding  and  establishes  the  right  to  maternity  leave  for  the  duration  of  14  weeks  and 
guarantees  protection  against  dismissal  during  the  period  from  the  beginning  of  pregnancy  to  the 
end of the maternity leave. 

Council  Directive  2010/18/EU18  establishes  the  right  to  parental  leave  and  sets  out  minimum 
requirements  for  that  leave  (4  months  for  each  parent,  at  least  one  month  of  which  cannot  be 
transferred to the other parent) as well as  protection of employment rights and when returning to 
work and the right to leave from work on grounds of force majeure.   

12  Directive  2006/54/EC  of  the  European  Parliament  and  of  the  Council  of  5 July  2006  on  the  implementation  of  the 
Principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) 
OJ L 204, 26.7.2006, p. 23. 
13 Commission Recommendation of 7 March 2014 on strengthening the Principle of equal pay between men and women 
through transparency, OJ L 69, 8.3.2014, p. 112. 
14 Council Directive 79/7/EEC of 19 December 1978 on the progressive implementation of the Principle of equal treatment 
for men and women in matters of social security, OJ L 6, 10.1.1979, p. 24. 
15 Council Directive 2004/113/EC of 13 December 2004 implementing the Principle of equal treatment between men and 
women in the access to and supply of goods and services OJ L 373, 21.12.2004, p. 37. 
16 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the Principle of 
equal treatment between men and women engaged in an activity in a self-employed capacity, OJ L 180, 15.7.2010, p.1. 
17  Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage  improvements  in  the 
safety  and  health  at  work  of  pregnant  workers  and  workers  who  have  recently  given  birth  or  are  breastfeeding  (tenth 
individual Directive within the meaning of Article 16 (1) of Directive 89/391/EEC), OJ L 348, 28.11.1992, p. 1. 
18  Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave 
concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC, OJ L 68, 18.3.2010, p. 13.  

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2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  emphasises  the  need  to  foster  proactively  equality  between  women  and  men  through 
positive  action  in  all  areas.  By  extending  equality  to  all  areas,  the  Pillar  goes  beyond  the  existing 
acquis. The provisions on gender equality focus in particular on participation in the labour market (as 
reflected  by  the  gap  in  employment  between  women  and  men),  terms  and  conditions  of 
employment  (e.g.  the  gap  in  the  use  of  part-time  employment  between  women  and  men)  and  on 
career  progression  (e.g.  the  share  of  women  in  management  positions  and  the  low  numbers  of 
women entrepreneurs), all areas where further progress needs to be made.  Principle 2b  addresses 
the specific challenge of the gender pay gap, which persists despite the existing legislation.   

3. Implementation 

a) What Member States and Social Partners can do 

Member States are in charge of transposing and enforcing rules adopted at Union level. Given that 
the  Union  measures  merely  contain  minimum  standards,  Member  States  are  invited  to  go  beyond 
these rules in order to give effect to the Principle. 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives  based  on  Article  153  TFEU  and  may  sign  agreements  that  can  be  implemented  at  Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation of this Principle via collective bargaining and through their involvement in the design 
and implementation of relevant policies.   

The EU social partners at cross-industry level selected gender equality as a priority for their current 
work programme 2015-2017, organising exchanges of national and sectoral social partner practices 
on ways to reduce the gender pay gap.  

b) Recent and ongoing initiatives at EU level  
The  Commission  will  implement  the  Strategic  Engagement  for  Gender  Equality  2016-2019,19  which 
sets out the main priorities in this area, and outlines the use of existing tools such as the European 
Semester, the Union Funds and enforcement of legislation.  

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  the  "New  start  to 
support Work-Life Balance for parents and carers" initiative. It proposes legislative and policy actions 
aiming to facilitate the uptake of parental leave by both women and men, to introduce the paternity 
leave  and  the  carers'  leave,  to  promote  the  use  of  flexible  working  arrangements,  as  well  as  to 
provide more and better  child and other care facilities and remove economic  disincentives  such as 
tax-benefit disincentives, which discourage second-earners, often women, from entering the labour 
market. 

19 SWD (2015)278. 

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The  Commission  will  adopt  a  follow  up  Report  on  progress  made  by  Member  States  in  the 
implementation  of  the  Transparency  Recommendation  which  will  assess  the  potential  need  for 
additional measures in order to ensure the full application of the principle of equal pay.  

Furthermore,  it  has  proposed  a  Directive  aimed  at  further  ensuring  greater  equality  among 
management positions in the corporate sphere.20  

The Commission is stepping up its efforts to combat violence against women and is working towards 
the  EU's  accession  to  the  Council  of  Europe  Convention  on  preventing  and  combating  violence 
against women (the Istanbul Convention) on the basis of its proposal made in March 2016.21 

The European Institute for Gender Equality, one of the EU's decentralised agencies, is supporting the 
work of the Commission, Member States and social partners in the area of work-life balance.  

20 COM(2012) 614. 
21 COM(2016) 111 final. 

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Equal opportunities 
Regardless of gender, racial or ethnic origin, religion or belief, disability, age or sexual orientation, 
everyone  has  the  right  to  equal  treatment  and  opportunities  regarding  employment,  social 
protection, education, and access to goods and services available to the public. Equal opportunities 
of under-represented groups shall be fostered.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 21 of the Charter prohibits any discrimination based on any ground such as sex, race, colour, 
ethnic  or  social  origin,  genetic  features,  language,  religion  or  belief,  political  or  any  other  opinion, 
membership  of  a  national  minority,  property,  birth,  disability,  age  or  sexual  orientation.  Subject  to 
certain  exceptions,  Article  21  of  the  Charter  also  prohibits  any  discrimination  on  grounds  of 
nationality. 

b) The legislative powers and their limits 

According to Article 19 of the Treaty on the Functioning of the European Union (TFEU), the Union is 
empowered to take appropriate action to combat discrimination based on sex, racial or ethnic origin, 
religion  or  belief,  disability,  age  or  sexual  orientation.  Moreover,  Article  18  TFEU  refers  to  the 
prohibition of discrimination on grounds of nationality. 

c) Existing measures 

Council Directive 2000/43/EC22 (the Racial Equality Directive) prohibits discrimination based on racial 
or ethnic origin in  access to employment, to self-employment and to occupation, employment and 
working conditions, education, vocational training, social protection, social advantages, and access to 
goods  and  services  which  are  available  to  the  public,  including  housing.  Council  Directive 
2000/78/EC23 (the Employment Equality Directive) prohibits discrimination on the grounds of religion 
or  belief,  disability,  age  or  sexual  orientation  as  regards  access  to  employment,  self-employment, 
occupation  and  vocational  training.  Both  directives  prohibit  various  forms  of  discrimination:  direct 
and  indirect  discrimination,  harassment,  instruction  to  discriminate  and  victimisation.  The  EU  is  a 
party to the United Nations Convention on the Rights of Persons with Disabilities.24  

Legally  residing  third-country  nationals  that  are  long-term  residents  or  covered  by  other  EU 
Directives25  should  enjoy  equal  treatment  with  nationals  of  host  countries  in  a  number  of  areas 

22  Council  Directive  2000/43/EC  of  29  June  2000  implementing  the  Principle  of  equal  treatment  between  persons 
irrespective of racial or ethnic origin, OJ L 180, 19.7.2000, p. 22.  
23 Council Directive 2000/78/EC of 27 November 2000 establishing a general framework for equal treatment in employment 
and occupation, OJ L 303, 2.12.2000, p. 16. 
24 Council Decision of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations 
Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35. 
25  Directives  on:  Family  reunification,  Blue  Card,  Single  Permit,  Researchers,  Students,  Qualification  as  a  beneficiary  of 
international protection, seasonal workers and intra-corporate transferees. 

14 

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notably working conditions, including pay and dismissal, access to education and vocational training, 
social  security.  In  2004,  Member  States  adopted  Common  Basic  Principles  of  integration  of  third-
country nationals that constitute a framework for policy cooperation on integration in the EU and a 
framework against which Member States can judge and assess their own efforts. 

Council  Recommendation  2013/C  378/0126  provides  guidance  on  effective  Roma  integration 
measures in Members States, in particular as regards access to education, employment, healthcare 
and housing. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar partially goes beyond the current acquis by extending protection against discrimination on 
the  grounds  of  religion  or  belief,  disability,  age  and  sexual  orientation  to  the  areas  of  social 
protection,  including  social  security  and  healthcare,  education,  and  access  to  goods  and  services 
available to the public. The Pillar also extends the prohibition of discrimination based on gender to 
the area of education, which is not covered by the current acquis.  

Equal opportunities aim at promoting inclusion and participation of under-represented groups in the 
labour  market  and  society.  The  provisions  of  the  Pillar  emphasise  that  specific  measures  may  be 
necessary to prevent, correct and compensate for disadvantages linked to certain protected grounds. 
The Principle encourages Member States to address the challenge of groups at risk of discrimination 
through  positive  action  and  incentive  measures,  for  instance  by  supporting  workforce  diversity 
practices among employers. 

3. Implementation 

a) What Member States and Social Partners can do 

Member  States  are  responsible  for  transposing  and  enforcing  rules  adopted  at  Union  level.  Given 
that the Union measures set out above contain minimum standards, Member States are invited to go 
beyond  these  rules  in  order  to  give  effect  to  the  Pillar.  In  addition,  Member  States  are  invited  to 
continue  making  progress  in  the  negotiations  of  the  proposed  new  Equal  Treatment  Directive 
towards  its  swift  adoption.  Through  their  National  Equality  Bodies,  Member  States  may  promote 
equal opportunities of under-represented groups and assist victims of discrimination on the ground.  

Social  partners  may  also  collect  and  exchange  good  practices  across  the  Union.  At  national  level, 
social  partners  may  support  the  implementation  of  this  Principle  via  collective  bargaining  and 
through their involvement in the design and implementation of relevant policies.   

26 Council Recommendation of 9 December 2013 on effective Roma integration measures in the Member States, OJ C 378, 
24.12.2013, p. 1. 

15 

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b) Recent and ongoing initiatives at EU level  

The  Commission  will  continue  its  efforts  to  ensure  the  adoption  of  the  proposed  new  Equal 
Treatment  Directive  to  expand  protection  against  discrimination  based  on  religion  or  belief, 
disability,  age  or  sexual  orientation27  to  social  protection,  including  social  security  and  healthcare; 
education;  social  advantages;  and  access  to  goods  and  services  which  are  available  to  the  public, 
including housing.  

The  Union  is  supporting  intermediary  players  such  as  NGOs,  social  partners and  equality  bodies  to 
improve their capacity to combat discrimination; to support the development of equality policies at 
national  level  and  encourage  the exchange  of  good  practices between  Union  countries;  and  push 
for business-oriented  diversity  management  as  part  of  a  strategic  response  to  a  more  diversified 
society, customer base, market structure and workforce.  

The  European  Union  Agency  for  Fundamental  Rights,  one  of  the  EU's  decentralised  agencies,  is 
supporting  the  work  of  the  Commission,  Member  States  and  social  partners  in  the  area  of  equal 
opportunities and non-discrimination. 

27  Proposal  for  a  Council  Directive  on  implementing  the  Principle  of  equal  treatment  between  persons  irrespective  of 
religion or belief, disability, age or sexual orientation {SEC(2008) 2180} {SEC(2008) 2181}. 

16 

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Active support to employment 
a.  Everyone  has  the  right  to  timely  and  tailor-made  assistance  to  improve  employment  or  self-
employment  prospects. This includes  the  right  to  receive  support for job  search,  training  and re-
qualification. Everyone has the right to transfer social protection and training entitlements during 
professional transitions. 

b. Young people have the right to continued education, apprenticeship, traineeship or a job offer 
of good standing within 4 months of becoming unemployed or leaving education.  

c. People unemployed have the right to personalised, continuous and consistent support. The long-
term unemployed have the right to an in-depth individual assessment at the latest at 18 months of 
unemployment.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 14 of the Charter gives everyone the right to education and to have access to vocational and 
continuing  training.  Article  29  of  the  Charter  guarantees  everyone  the  right  of  access  to  a  free 
placement  service.  Article  34  of  the  Charter  provides  that  the  Union  recognises  and  respects  the 
entitlement to social security and social services providing protection inter alia in the case of loss of 
employment. 

b) The legislative powers and their limits 

Pursuant  to  Article  147  TFEU,  the  Union  shall  contribute  to  a  high  level  of  employment  by 
encouraging  cooperation  between  Member  States  and  by  supporting  and, 
if  necessary, 
complementing  their  actions.  In  doing  so,  the  competences  of  Member  States  shall  be  respected.  
Article 153(2) TFEU empowers the Union to adopt legislative measures to support and complement 
the  activities  of  Member  States  in  the  integration  of  persons  excluded  from  the  labour  market. 
Article 166 TFEU empowers the Union to implement a vocational training policy which shall support 
and  supplement  actions  by  the  Member  States  while  fully  respecting  their  responsibility  for  the 
content and organisation of vocational training. 

c) Existing measures 

The  Union  and  its  Member  States  together  pursue  the  European  Employment  Strategy,  which  sets 
common objectives and targets for employment policy and aims to create more jobs and better jobs 
throughout  the  Union.28  Coordinating  Member  States'  actions  to  assist  unemployed  persons  find 
work is at the core of this Strategy.  

28  See,  for  example,  Council  Decision  (EU)  2015/1848  of  5  October  2015  on  guidelines  for  the  employment  policy  of  the 
Member States for 2015, OJ 268, 15.10.2015, p.28. 

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Council Recommendation of 22 April 2013 on establishing a Youth Guarantee29 (the Youth Guarantee 
Recommendation) calls on Member States to ensure that all young people under the age of 25 years 
receive  an  offer  of  employment  of  good  quality,  continued  education,  an  apprenticeship  or  a 
traineeship within a period of four months of becoming unemployed or leaving formal education.   

Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into 
the labour market30 recommends that long-term unemployed persons are offered in-depth individual 
assessments  and  guidance  and  a  job-integration  agreement  comprising  an  individual  offer  and  the 
identification  of  a  single  point  of  contact  at  the  very  latest  when  they  reach  18  months  of 
unemployment.   

Commission  Recommendation  2008/867/EC  of  3  October  2008  on  the  active  inclusion  of  people 
excluded  from  the  labour  market31  sets  out  an  integrated,  comprehensive  strategy  for  the  active 
inclusion of those excluded from the labour market, combining adequate income support, inclusive 
labour markets and access to quality services. 

The  Entrepreneurship  2020  Action  Plan32  set  out  a  vision  and  concrete  measures  to  support  the 
entrepreneurial spirit in Europe. Measures to support self-employment at EU level also aim to reach 
those  segments  of  the  population  whose  entrepreneurial  potential  is  not  yet  fully  exploited,  in 
particular  for  women  (who  represent  only  29%  of  entrepreneurs  in  Europe).  Dedicated  actions  to 
develop  social  entrepreneurship  were  proposed  by  the  Expert  Group  on  Social  Entrepreneurship 
(GECES) report33 adopted in 2016.   

The  European  Network  of  Public  Employment  Services  (PES),  established  through  the  Decision  No 
573/2014/EU34  of  the  European  Parliament  and  Council,  provides  a  platform  to  compare  PES 
performance  at  European  level,  identify  good  practice  and  foster  mutual  learning  in  order  to 
strengthen the active support services. 

The  European  Network  of  Employment  Services  (EURES),  re-established  under  Regulation  (EU) 
2016/589,35 aims to improve the functioning, cohesion and integration of labour markers in the EU, 
including at cross-border level. 

29  Council Recommendation of 22 April 2013 on establishing a Youth Guarantee, OJ C120, 26.4.2013, p.1. 
30 Council Recommendation of 15 February 2016 on the integration of the long-term unemployed into the labour market OJ 
C 67, 20.2.2016, p.1. 
31  Commission  Recommendation  2008/867/EC  of  3  October  2008  on  the  active  inclusion  of  people  excluded  from  the 
labour market, OJ L307, 18.11.2008, p.11. 
32 COM(2012) 795 final 
33 http://ec.europa.eu/growth/sectors/social-economy/enterprises/expert-groups_en 
34  Decision  No  573/2014/EU  of  the  European  Parliament  and  of  the  Council  of  15  May  2014  on  enhanced  cooperation 
between Public Employment Services (PES) OJ L 159, 28.5.2014, p. 32. 
35  Regulation  (EU)  2016/589  of  the  European  Parliament  and  of  the  Council  of  13  April  2016  on  a  European  network  of 
employment  services  (EURES),  workers'  access  to  mobility  services  and  the  further  integration  of  labour  markets,  and 
amending Regulations (EU) No 492/2011 and (EU) No 1296/2013, OJ L 107, 22.4.2016, p. 1. 

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2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  establishes  a  set  of  rights  for  all  jobseekers,  regardless  of  their  employment  status.  The 
focus is on the provision of assistance to find work, which can include employment services, such as 
job-search  counselling  and  guidance,  or  participation  in  'active  measures',  such  as  training,  hiring 
subsidies  or  re-insertion  support.  These rights go  beyond  Article  29  of  the Charter  of  Fundamental 
Rights,  which  refers  only  to  the  right  to  a  free  placement  service.  Assistance  to  engage  in  self-
employment is also a significant extension of the existing acquis. 

Three elements are central to these rights: early intervention, individualised assistance and support 
in enhancing employability.  The latter element – based on a right to receive support for training or 
for obtaining new qualifications – is crucial in view of adapting to a rapidly changing labour market. 

Today’s  workers  change  jobs  more  frequently  than  in  the  past,  and  existing  training  or  social 
protection entitlements should not discourage such mobility. The Pillar affirms the transferability of  
workers’ accrued training or social protection entitlements when they change employment status or 
employer,  entering  or  returning  from  career  breaks  or  moving  between  employment  and  self-
employment. 

Regarding young people, the  Pillar recalls the main lines of the Youth Guarantee Recommendation 
extending their application to all young people. 

For  people  in  unemployment,  the  Pillar  provides  for  a  right  to  personalised  support,  which 
incorporates  the  ideas  of  individualised  in-depth  assessment,  counselling  and  guidance.  The 
consistency  refers  to  continuity  in  support  e.g.  when  eligibility  for  unemployment  benefits  end, 
including the provision of other measures such as social services to address barriers to finding work. 
For  those  in  long-term  unemployment,  understood  as  unemployment  lasting  more  than  twelve 
months, it provides for a right to personalised support, which incorporates the ideas of individualised 
in-depth assessment and the job integration agreement referred  to in  Council Recommendation of 
15 February 2016 on the integration of the long-term unemployed into the labour market. 

3. Implementation    

a) What Member States and Social Partners can do 

implementing  the  guidelines  and  recommendations  on 
Member  States  are  responsible  for 
employment strategy which have been agreed at Union level. To give effect to the Principle, Member 
States are invited to update and extend their practices concerning the provision of assistance to find 
employment  and  self-employment  and,  in  addition,  to  encourage  measures  to  protect  workers’ 
training and social protection entitlements when they change work. 

At  Union  level,  social  partners  are  consulted  in  accordance  with  Article  154  TFEU  on  possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level at their request in accordance with Article 155 TFEU.  The EU social partners at cross-industry 
level  selected  the  effectiveness  and  quality  of  active  labour  market  policies  as  a  priority  for  their 

19 

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current work programme 2015-2017. Social partners may also collect and exchange good practices 
across the Union. At national level, social partners may support the implementation of this Principle 
via collective bargaining and through their involvement in the design and implementation of relevant 
policies.   

b)  Recent and ongoing initiatives at EU level 

The implementation of the Youth Guarantee has been assessed in the October 2016 Communication 
“The  Youth  Guarantee  and  Youth  Employment  Initiative  three  years  on”36.    In  its  December  2016 
Communication "Investing in Europe's  Youth"37, the Commission proposed fresh actions to support 
youth employment and create more opportunities for youth. 

To ensure a full and sustainable implementation of the Youth Guarantee, the Commission proposed 
to extend the budget of the Youth Employment Initiative and provide an additional €1 billion to the 
YEI specific budget allocation, matched by €1 billion from the European Social Fund as well as further 
support for outreach and information activities, mutual learning and monitoring.  

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  a  first-stage 
consultation of the social partners on an initiative concerning "Access to Social Protection",38 in order 
to  address  varying  access  to  social  protection  by  workers  in  standard  employment  and  people 
employed on non-standard contracts and in various forms of self-employment. The consultation will 
address  the  means  to  make rights transferable  and transparent when  changing  employer,  contract 
type or transitioning to self-employment. The consultation will also address the ways to reduce the 
gap  in  access  to  employment  services,  training,  rehabilitation  and  re-insertion  measures  across 
various types of employment relationships and for the self-employed. 

Furthermore,  in  2017,  the  Commission  will  consolidate  and  put  on  a  firm  legal  basis  the  European 
Solidarity  Corps  to  create  new  volunteering,  traineeships  or  work  placements  opportunities  for 
young people.  

The  European  Network  of  Employment  Services  (PES  Network)  is  implementing  the  Benchlearning 
project, aiming to improve the PES' performance, linking indicator-based benchmarking with mutual 
learning in order to better address the active support to job seekers.  

In  June  2016,  the  European  Commission  proposed  actions  to  support  Member  States  in  the 
integration of third country nationals in employment under the EU Integration Action Plan.39 

36 COM(2016) 646 final. 
37 COM(2016) 940 final. 
38 C(2017) 2610. 
39 https://ec.europa.eu/migrant-integration/news/europe-integration-action-plan-of-third-country-nationals-
launched. 

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Chapter II – Fair working conditions 

Secure and adaptable employment 
a. Regardless of the type and duration of the employment relationship, workers have the right to 
fair  and  equal  treatment  regarding  working  conditions,  access  to  social  protection  and  training. 
The transition towards open-ended forms of employment shall be fostered.  

b. In accordance with legislation and collective agreements, the necessary flexibility for employers 
to adapt swiftly to changes in the economic context shall be ensured.  

c.  Innovative  forms  of  work  that  ensure  quality  working  conditions  shall  be  fostered. 
Entrepreneurship  and  self-employment  shall  be  encouraged.    Occupational  mobility  shall  be 
facilitated. 

d.  Employment  relationships  that  lead  to  precarious  working  conditions  shall  be  prevented, 
including by prohibiting abuse of atypical contracts. Any probation period should be of reasonable 
duration. 

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 31 of the Charter, entitled “Fair and just working conditions”, gives every worker the right to 
working  conditions  which  respect  his  or  her  health,  safety  and  dignity.  Article  34  of  the  Charter 
affirms respect for the entitlement to social security benefits and social services providing protection 
in cases such as maternity, illness, industrial accidents, dependency or old age, and in the case of loss 
of employment, in accordance with the rules laid down by Union law and national laws and practices.   

b) The legislative powers and their limits 

According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union 
is empowered to adopt measures to support and complement the activities of Member States inter 
alia  in  the  fields  of  working  conditions  and  the  social  security  and  social  protection  of  workers. 
Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and 
legal  constraints  in  a  way  which  would  hold  back  the  creation  and  development  of  small  and 
medium-sized undertakings. Article 153(4) provides that provisions adopted pursuant to Article 153 
shall  not  affect  the  right  of  Member  States  to  define  the  fundamental  principles  of  their  social 
security systems and must not significantly affect the financial equilibrium thereof. 

According to Article 162 TFEU, the European Social Fund shall aim to increase the geographical and 
occupational  mobility  of  workers  within  the  Union,  and  to  facilitate  their  adaptation  to  industrial 
changes and to changes in production systems. 

EN 

21 

 
 
 
According  to  Article  166  TFEU,  the  Union  shall  implement  a  vocational  training  policy  which  shall 
support and supplement the action of the Member States while fully respecting the responsibility of 
the Member States for the content and organisation of vocational training. 

c) Existing measures  

Three  Directives  have  already  been  enacted  to  protect  workers  working  under  non-standard 
employment  relationships:  the  Framework  Agreement  on  part-time  work  concluded  by  social 
partners (UNICE, CEEP and the ETUC) – annexed to Council Directive 97/81/EC40 - protects part-time 
workers  from  being  treated  less  favourably  than  comparable  full-time  workers  and  provides  that 
employers should give consideration to requests by workers to transfer from full-time to part-time 
work or vice-versa; the Framework Agreement on fixed-term work also concluded by social partners 
(ETUC, UNICE and CEEP) – annexed to Council Directive 1999/70/EC41 - protects fixed-term workers 
from being treated less favourably than comparable permanent workers and requires Member States 
to  take  measures  to  prevent  abuse  arising  from  the  use  of  successive  fixed-term  contracts;  and 
Directive 2008/104/EC of the European Parliament and of the Council42 on temporary agency work 
establishes equal treatment regarding the essential conditions of work and of employment between 
temporary agency workers and workers who are directly recruited by the user company.  

In addition, Council Directive 91/533/EEC43 (the Written Statement Directive) gives workers the right 
to be notified in writing of the essential aspects of their employment relationship at the latest two 
months after the employment started.   

The Commission supports  innovative business models which create opportunities for EU citizens in 
terms of facilitating entry into employment, work flexibility and new sources of income.44  

The  Entrepreneurship  2020  Action  Plan45  sets  out  a  vision  and  concrete  measures  to  re-ignite  the 
entrepreneurial spirit in Europe. Measures to support self-employment at EU level also aim to reach 
those  segments  of  the  population  whose  entrepreneurial  potential  is  not  yet  fully  exploited,  in 
particular  for  women  (who  represent  only  29%  of  entrepreneurs  in  Europe).  Dedicated  actions  to 
develop  social  entrepreneurship  were  proposed  by  the  Expert  Group  on  Social  Entrepreneurship 
(GECES) report46 adopted in 2016.   

40 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by 
UNICE, CEEP and the ETUC, OJ L14, 20.1.1998, p.9.  
41 Council Directive 1999/70/EC of 28 June 1999 concerning the Framework Agreement on fixed-term work concluded by 
UNICE, CEEP and the ETUC, OJ L175, 10.7.1999, p.43.  
42 Directive 2008/104/EC of the European Parliament and of the Council of 19 November 2008 on temporary agency work, 
OJ L327, 5.12.2008, p.9. 
43  Council  Directive  91/533/EEC  of  14  October  1991  on  an  employer’s  obligation  to  inform  employees  of  the  conditions 
applicable to the contract or employment relationship, OJ L 288, 18.10.1991, p.32. 
44 See in this respect the Communication on A European agenda for the collaborative economy of 2.6.2016, COM(2016) 356 
final. 
45 Communication from the Commission, Entrepreneurship  2020 Action Plan, COM(2012) 795 final, 9.1.2013. 
46 http://ec.europa.eu/growth/sectors/social-economy/enterprises/expert-groups_en 

22 

EN 

 
 
 
                                                            
The  increased  voluntary  geographical  and  occupational  mobility  of  workers  on  a  fair  basis  are 
included  in  the  objectives  of  both  the  European  Network  of  Public  Employment  Services  (PES), 
established through the Decision No 573/2014/EU  of the European Parliament and Council, and of 
the EURES Network  established  through  the Regulation  (EU) 2016/589  of  the European  Parliament 
and of the Council of 13 April 2016 on a European network of employment services (EURES), workers' 
access to mobility services and the further integration of labour markets.  

For highly qualified third country nationals, the Council Directive 2009/50/EC of 25 May 2009 on the 
conditions  of  entry  and  residence  of  third-country  nationals  for  the  purposes  of  highly  qualified 
employment47 limits however their occupational mobility for the first two years of legal employment 
in a Member State, to respect the principle of Community preference and to avoid abuses.  

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  reflects  the  challenges  posed  by  the  changing  world  of  work  and  new  forms  of 
employment,  endorsing  diversity  of  employment  relationships,  entrepreneurship  and  self-
employment,  and,  on  the  other  hand,  establishing  safeguards  to  prevent  abuse  of  employment 
relationships that can lead to precarious employment relationships, and certain guarantees to ensure 
workers can access training and social security throughout the course of their career.  

The  Pillar  extends  the  guarantee  of  equal  treatment  beyond  the  three  forms  of  employment 
relationships  (part-time,  fixed-term  and  agency  work)  currently  covered  by  the  Union  acquis  and 
provides for equal treatment between workers irrespective of the type of employment relationship.  
Furthermore, it emphasises support for transitions towards open-ended employment relationships. 

The  Pillar  recognises  the  necessary  flexibility  for  employers  to  adapt  swiftly  to  changes  in  the 
economic  context.  Such  adaptations  can  for  instance  include  differential  treatment  on  objective 
grounds or adaptations in working conditions to avoid excessive employment loss during downturns. 
Such  changes  cannot  be  unilateral  and  need  to  be  circumscribed  within  the  limits  of  existing 
legislation and collective bargaining agreements.  

The  material  scope  of  the  equal  treatment  principle  is  extended  to  guarantee  access  to  social 
protection  and  to  training.  The  principle  ensures  equal  treatment  in  accessing  statutory  social 
security.  Current  Union  rules  (for  part-time  and  fixed-term  work)  require  employers  to  faciliate 
access  to  training.  The  Principle  goes  beyond  this  and  requires  equality  of  treatment  in  access  to 
training.  

Equal treatment may however not always be sufficient to counter precariousness, in particular where 
one and the same employer only uses non-standard forms of employment. An explicit prohibition of 
abuse  is  therefore  provided  in  the  principle.  The  prohibition  of  both  abuse  of  employment 
relationships leading to precariousness and of unreasonably long probation periods point beyond the 
current  Union  acquis.  In  this  regard,  preventive  measures  can  include  differential  taxation  of 

47 Council Directive 2009/50/EC of 25 May 2009 on the conditions of entry and residence of third-country nationals for the 
purposes of highly qualified employment, OJ L 155, 18.6.2009, p. 17. 

23 

EN 

 
 
                                                            
employment relationships leading to precariousness or the establishment of bonus malus systems for 
the social security contributions.  

The  Pillar  underlines  the  importance  of  supporting  emerging  business  models,  innovative  forms  of 
work, entrepreneurship and self-employment. In general, new business models have the potential of 
creating  opportunities,  facilitating  entry  into  employment,  work  flexibility  and  new  sources  of 
income.  Such  support  should,  however,  be  premised  on  a  requirement  for  quality  working 
conditions. To maximise the employment impact of such innovation, the facilitation of occupational 
mobility  can  entail  both  enhanced  possibilities  for  vocationnal  tranining  and  re-qualification  and  a 
social protection system which fosters and facilitates career changes. 

3. Implementation  

a) What Member States and Social Partners can do 

Each  Member  State  may  define  the  balance  between  security  and  flexibility  on  its  labour  market 
differently. To give effect to the provisions of the Pillar, Member States are nevertheless invited to 
ensure that their employment and social rules are adapted to the emergence of new forms of work, 
in addition to transposing and enforcing rules adopted at Union level.  

At Union level, social partners are to be consulted in accordance with Article 154  TFEU on possible 
initiatives envisaged under Article 153 TFEU and may sign agreements which can be implemented at 
Union level in accordance with Article 155 TFEU upon their request. Social partners may also collect 
and  exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation of this Principle via collective bargaining and through their involvement in the design 
and implementation of relevant policies.   

b)  Recent and ongoing initiatives at EU level 

Together  with  the  European  Pillar  of  Social  Rights,  the  Commission  is  launching  a  first-stage 
consultation  of  the  social  partners  on  the  revision  of  Directive  91/533/EEC  (the  Written  Statement 
Directive).48 As part of this consultation, the social partners will be consulted on whether to amend 
the Directive more substantially with a view to introducing minimum standards applicable to every 
employment relationship and prohibiting abuse.  

The  Commission  is  also  presenting  together  with  the  European  Pillar  of  Social  Rights  a  first-stage 
consultation of the social partners on an initiative concerning "Access to Social Protection"49, in order 
to  address  varying  access  to  social  protection  by  workers  in  standard  employment  and  people 
employed  on  non-standard  contracts  and  in  various  forms  of  self-employment.  The  consultation 
equally  addresses  the  access  to  employment  services  and  training  and  the  transferabililty  of  social 
protection and training entitlements, in view of facilitating occupational mobility. 

48 C(2017) 2611. 
49 C(2017) 2610. 

EN 

24 

 
 
                                                            
In 2017, the Commission will complete a REFIT evaluation of the Directives which give effect to the 
Social Partner Framework Agreements on fixed-term and part-time work. 

Eurofound, the European Foundation for the Improvement of Living and Working Conditions, one of 
the EU's decentralised agencies, is supporting the work of the Commission, Member States and social 
partners  on  working  conditions  and  sustainable  work,  industrial  relations,  monitoring  structural 
change  and  managing  restructuring,  focusing  as  well  on  opportunities  and  challenges  in  the  digital 
age. 

EN 

25 

 
 
 
 
Wages 
a. Workers have the right to fair wages that provide for a decent standard of living.  

b.  Adequate  minimum  wages  shall  be  ensured,  in  a  way  that  provide  for  the  satisfaction  of  the 
needs  of the  worker  and  his /  her family  in the  light of  national economic  and social conditions, 
whilst safeguarding  access to employment  and incentives  to seek work. In-work  poverty shall be 
prevented.   

c. All wages shall be set in a transparent and predictable way according to national practices and 
respecting the autonomy of the social partners.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 31 of the Charter, entitled “Fair and just working conditions”, gives every worker the right to 
working conditions which respect his or her health, safety and dignity. 

b) The legislative powers and their limits 

 Article 153(5) TFEU provides that the provisions of Article 153 TFEU shall not apply to pay.  

According to  Article 145  TFEU,  the  Union and  the  Member  States  shall work  towards  developing  a 
coordinated strategy for employment.  Pursuant to Article 147 TFEU, the Union shall contribute to a 
high  level  of  employment  by  encouraging  cooperation  between  Member  States  and  by  supporting 
and, if necessary, complementing their action. In doing so, the competences of Member States shall 
be respected.    

c) Existing measures 

The Union and its Member States together pursue the European Employment Strategy, including as 
concerns  the  monitoring  of  wage  and  minimum  wage  developments  and  of  the  underlying  wage 
setting mechanisms.50 Trends in labour costs, including their wage component, are also monitored in 
the  framework  of  the  Union  economic  policy  coordination  process  pursuant  to  Articles  120  and 
following TFEU. As provided for in Art 136 (1) (b) TFEU, economic policy recommendations are also 
addressed to the euro area; this may include the monitoring of labour costs.51 The surveillance under 
Regulation (EU) No 1176/201152 of the European Parliament and of the Council of 16 November 2011 
on  the  prevention  and  correction  of  macroeconomic  imbalances  includes  the  monitoring  of 
competitiveness developments, including labour costs. 

50  See,  for  example,  Council  Decision  (EU)  2015/1848  of  5  October  2015  on  guidelines  for  the  employment  policy  of  the 
Member States for 2015, OJ 268, 15.10.2015, p.28. 
51  See,  for  example,  the  Council  Recommendation  of  21  March  2017  on  the  economic  policy  of  the  euro  area.  OJ  C  92, 
24.3.2017, p. 1. 
52 OJ L 306, 23.11.2011, p. 25. 

26 

EN 

 
 
                                                            
The Council Recommendation of 20 September 2016 on the establishment of National Productivity 
Boards53 recommends that the Boards thereby established should analyse developments and policies 
that  can  affect  productivity  and  competitiveness,  including  relative  to  global  competitors,  in  full 
respect of national established practices. 

Commission  Recommendation  2008/867/EC54  of  3  October  2008  sets  out  an 
integrated, 
comprehensive strategy for the active inclusion of those excluded from the labour market, including 
the promotion of quality work, notably as concerns pay and benefits, with a view to preventing in-
work poverty. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  out  the  right  to  fair  wages  providing  for  a  decent  standard  of  living  for  all  workers. 
Comparable  rights  are  already  included  in  the  1989  Community  Charter  of  the  Fundamental  Social 
Rights  of  Workers,55  one  of  the  sources  of  Title  X  on  Social  Policy  of  the  TFEU  as  well  as  in  the 
(revised) European Social Charter.   

The Pillar foresees a level of the minimum wage   which takes into consideration both the needs of 
workers  and  their  families  and  social  factors  such  as  the  evolution  of  the  standards  of  living    and 
economic  factors,  which  can  include  the  level  of  productivity.  The  Pillar  recognises  the  role  of 
minimum  wages  in  combatting  poverty,  while  avoiding  employment  traps.  This  is  with  a  view  to 
boosting the incomes of poor families and providing a fair compensation from work for those at the 
bottom end of the wage distribution, thus also increasing their incentives to work. Other measures 
may  include  reducing  the  tax  burden  on  low-wage  earners  and  their  families  and  supplementing 
income from work with effective social benefits. 

The  Pillar  requires  that  all  wages  are  set  in  a  transparent  and  predictable  way,  in  full  respect  of 
national practice, notably  as concerns the right  to collective bargaining of social partners and their 
autonomy.  As  concerns  minimum  wages,  most  Member  States  have  a  national  statutory  minimum 
wage. This is a regulatory instrument making a single wage floor legally binding for all employees. A 
few Member States do not have a statutory minimum wage and different wage floors are set by the 
social partners through collective agreements, often at sector level. The Pillar does not challenge in 
any  way  this  diversity  of  practices  and  recognises  the  autonomy  of  the  social  partners.  Within  this 
context, transparency means that well-established consultation procedures should be followed when 
setting  the  minimum  wage,  leading  to  consensus  between  relevant  national  authorities  and  the 
social partners, and possibly building on input from other stakeholders and independent experts. In 
addition,  the  Pillar  calls  for  ensuring  the  predictability  of  wage  decisions,  for  example  through  the 
definition of rules such as adjustment to the cost of living for minimum wages.  

53  Council  Recommendation  of  20  September  2016  on  the  establishment  of  National  Productivity  Boards,  OJ  C  349, 
24.9.2016, p. 1. 
54 OJ L307, 18.11.2008, p.11. 
55 The Community Charter of Fundamental Social Rights of Workers - December, 9th 1989. 

27 

EN 

 
 
 
                                                            
3. Implementation    

a) What Member States and Social Partners can do 

Member States and the social partners are responsible for the definition of wage and minimum wage 
developments  in  accordance  with  their  national  practices,  as  set  in  their  collective  bargaining  and 
minimum wage-setting systems. They are invited to give effect to the provisions of the Pillar through 
transparent  minimum  wage  setting  mechanisms  and  effective  collective  bargaining  at  national, 
sector and firm level, and by taking complementary measures to avoid in-work poverty.  

Furthermore,  Member  States  may  ratify,  if  not  yet  done  so,  and  apply  ILO  N°  131  convention  on 
minimum wage fixing  and the Convention N° 154 on the promotion of collective bargaining.  

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation  of  the  Pillar  through  collective  bargaining  and  through  their  involvement  in  the 
design and implementation of relevant policies.  

b)  Recent and ongoing initiatives at EU level 

Minimum  wages  and  other  measures  to  address  in-work  poverty,  as  well  as    more  general  issues 
related  to  wage  developments  are  addressed  in  Country  Specific  Recommendations  within  the 
European Semester process.  

EN 

28 

 
 
 
 
Information about employment conditions and protection in case of 
dismissals 

a. Workers have the right to be informed in writing at the start of employment about their rights 
and obligations resulting from the employment relationship, including on probation period.   

b. Prior to any dismissal, workers have the right to be informed of the reasons and be granted a 
reasonable  period  of  notice.  They  have  the  right  to  access  to  effective  and  impartial  dispute 
resolution  and, 
including  adequate 
compensation. 

in  case  of  unjustified  dismissal,  a  right  to  redress, 

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 27 of the Charter gives every worker the right to be guaranteed information and consultation 
in  good  time  and  at  the  appropriate  levels,  in  the  cases  and  under  the  conditions  provided  for  by 
Union  law  and  national  laws  and  practices.  Article  30  of  the  Charter  lays  down  the  right  for  every 
worker to be protected against unjustified dismissal, in accordance with Union law and national laws 
and practices. Article 47 of the Charter guarantees everyone whose rights and freedoms guaranteed 
by Union law are violated the right to an effective remedy. 

b) The legislative powers and their limits 

According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union 
is empowered to adopt measures to support and complement the activities of Member States in the 
fields of working conditions, protection of workers where their employment contract is terminated 
and  information  and  consultation  of  workers.  Directives  adopted  on  the  basis  of  Article  153  TFEU 
shall avoid imposing administrative,  financial and legal constraints in a way which would hold back 
the creation and development of small and medium-sized undertakings.  

c) Existing measures  

Council  Directive  91/533/EEC56  (the  Written  Statement  Directive)  gives  workers  the  right  to  be 
notified in writing of the essential aspects of their employment relationship, at the latest two months 
after  the  employment  started.  It  does  not  contain  specific  obligations  in  relation  to  probation 
periods. The Written Statement Directive requires an employer to notify an employee of the length 
of  the  periods  of  notice  to  be  observed  should  their  contract  or  employment  relationship  be 
terminated or, where this cannot be indicated at the time when the information is given, the method 
for determining such periods of notice.  

56  Council  Directive  91/533/EEC  of  14  October  1991  on  an  employer’s  obligation  to  inform  employees  of  the  conditions 
applicable to the contract or employment relationship, OJ L 288, 18.10.1991, p.32. 

29 

EN 

 
 
 
                                                            
Directive  2001/23/EC57,  which  regulates  workers'  rights  in  the  case  of  transfer  of  undertakings, 
stipulates that the transfer of an undertaking does not in itself constitute valid grounds for dismissal. 
Council  Directive  92/85/EEC58  on  maternity  protection  and  the  revised  Framework  Agreement  on 
parental leave concluded by social partners (BusinessEurope, UEAPME, CEEP and ETUC) – annexed to 
Council  Directive  2010/18/EU59  –    provide,  respectively,  specific  protection  against  dismissal  for 
women during their pregnancy and for parents taking paternity or adoption leave. Council Directive 
2000/78/EC60  (the  Employment  Equality  Directive)  on  equal  treatment  in  employment  and 
occupation protects workers against dismissal where there is discrimination on a prohibited ground, 
including  victimisation.  Protection  against  dismissal  and  unfavourable  treatment  is  also  provided 
under EU law through the Part-time Work Directive61, the Gender Equality Directive,62  the Directive 
on  equal  treatment between men and  women engaged  in  an activity  in a  self-employed  capacity63 
and the Parental Leave Directive,64 and has been reinforced by the case-law of the Court of Justice of 
the EU. 

Council  Directive  98/59/EC65  on  collective  redundancies  requires  employers  to  inform  and  consult 
workers' representatives and to notify public authorities prior to collective redundancies.  

The Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships66 aims to 
enhance  the  quality  of  traineeships,  providing  quality  elements  that  are  directly  transferable  to 
national  legislation  or  social  partner  agreements.  They  relate  in  particular  to  learning  content, 
working conditions, and transparency regarding financial conditions and hiring practices.  

57 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the 
safeguarding  of  employees'  rights  in  the  event  of  transfers  of  undertakings,  businesses  or  parts  of  undertakings  or 
businesses, OJ L 82, 22.3.2001, p.6. 
58  Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage  improvements  in  the 
safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, OJ L 348 of 
28.11.1992, p. 1. 
59  Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave 
concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, OJ L68, 18.3.2010, p.13. 
60  Other  EU  anti-discrimination  directives  (such  as  Directive  2006/54/EC  or  Directive  2000/43/EC)  also  provide  specific 
protection against unfair dismissal. 
61 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by 
UNICE, CEEP and the ETUC, OJ L14, 20.1.1998, p.9. 
62  Directive  2006/54/EC  of  the  European  Parliament  and  of  the  Council  of  5 July  2006  on  the  implementation  of  the 
Principle of equal opportunities and equal treatment of men and women in matters of employment and occupation (recast) 
OJ L 204, 26.7.2006, p. 23. 
63 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the Principle of 
equal treatment between men and women engaged in an activity in a self-employed capacity, OJ L 180, 15.7.2010, p.1. 
64  Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave 
concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC and repealing Directive 96/34/EC, OJ L 68, 18.3.2010, p. 13. 
65 Council Directive 98/59/EC on the approximation of the laws of the  Member States relating to collective redundancies, 
OJ L 225, 12.08.1998, p. 16. 
66 Council Recommendation of 10 March 2014 on a Quality Framework for Traineeships, OJ C 88, 27.3.2014, p. 1. 

30 

EN 

 
 
 
 
 
 
                                                            
 
2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  requires  written  information  to  be  provided  to  the  worker  about  his  or  her  working 
conditions at the start of the employment relationship, rather than within the two months currently 
provided  for  by  the  Written  Statement  Directive.  Since  probation  periods  are  significant  for  most 
employment relationships, the Pillar also adds information duties in this regard. These changes will 
increase  awareness  of  rights  on  the  part  of  employers  and  workers.  They  should  also  help  reduce 
undeclared work.   

The Pillar also goes beyond the existing acquis by introducing procedural and substantive safeguards 
for workers in case of dismissals. Adequate reasoning should be provided and a reasonable period of 
notice be respected. Moreover, the Pillar provides that workers should have access to effective and 
impartial  dispute-resolution  procedures.  This  can  include  arbitration,  mediation  or  conciliation 
procedures. The Pillar also introduces the right to adequate redress in case of unjustified dismissals, 
such  as  re-instatement  or  pecuniary  compensation.  Unjustified  dismissals  are  to  be  understood  as 
those that are in breach of the rules applicable to the employment relationship in question. 

3. Implementation 

a) What Member States and Social Partners can do 

Member States are in charge of transposing and enforcing rules adopted at Union level. Given that 
the  Union  measures  set  out  above  contain  minimum  standards,  Member  States  are  invited  to  go 
beyond these rules in order to give effect to the Pillar.  

Furthermore, Member States may ratify, if not yet done so, and apply relevant ILO Conventions such 
as Convention N° 122  on Employment Policy,  N ° 144 on Tripartite Consultations, Convention N° 135  
on Workers' Representatives and Convention N° 154 on Promotion of Collective Bargaining.  

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation of this Principle via collective bargaining and through their involvement in the design 
and implementation of relevant policies.  

b)  Recent and ongoing initiatives at EU level 

The  Commission  is  launching  together  with  the  European  Pillar  of  Social  Rights  a  first-stage 
consultation of the social partners on the revision of the Written Statement Directive,67 covering the 
scope of application of the Directive and the extension of the 'information package', including on the 
probation  period.  As  part  of  this  consultation,  the  Social  Partners  will  be  consulted  on  whether  to 

67 C(2017) 2611. 

31 

EN 

 
 
                                                            
amend the Directive more substantially with a view to introducing a minimum floor of workers' rights 
applicable to every type of employment relationship.  

EN 

32 

 
 
 
Social dialogue and involvement of workers  

a.  The  social  partners  shall  be  consulted  on  the  design  and  implementation  of  economic, 
employment  and  social  policies  according  to  national  practices.  They  shall  be  encouraged  to 
negotiate and conclude collective agreements in matters relevant to them, while respecting their 
autonomy and the right to collective action. Where appropriate, agreements concluded between 
the social partners shall be implemented at the level of the Union and its Member States. 

b. Workers or their representatives have the right to be informed and consulted in good time on 
matters relevant to them, in particular on the transfer, restructuring and merger of undertakings 
and on collective redundancies.  

c. Support for increased capacity of social partners to promote social dialogue shall be encouraged. 

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article  28  of  the  Charter  provides  that  workers  and  employers,  or  their  respective  organisations, 
have,  in  accordance  with  Union  law  and  national  laws  and  practices,  the  right  to  negotiate  and 
conclude collective agreements at the appropriate levels and, in cases of conflicts of interest, to take 
collective action to defend their interests, including strike action. Article 27 of the Charter gives every 
worker  the  right  at  the  appropriate  levels  to  be  guaranteed  information  and  consultation  in  good 
time  in  the  cases  and  under  the  conditions  provided  for  by  Union  law  and  national  laws  and 
practices.  

b) The legislative powers and their limits 
The promotion of dialogue between management and labour is enshrined as a common objective of 
the Union  and the Member  States  in Article  151  of  the Treaty  on  the Functioning of  the European 
Union  (TFEU).  According  to  Article  153(2)  TFEU,  the  Union  is  empowered  to  adopt  measures  to 
support  and  complement  the  activities  of  Member  States  in  the  fields  of  the  information  and 
consultation  of  workers  and  the  representation  and  collective  defence  of  the  interests  of  workers 
and  employers,  including  co-determination.  The  powers  given  by  Article  153  TFEU  do  not  apply  to 
pay, the right of association, the right to strike or the right to impose lock-outs. Directives adopted 
on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in 
a  way  which  would  hold  back  the  creation  and  development  of  small  and  medium-sized 
undertakings. 

EN 

33 

 
 
 
 
 
 
 
 
c)  Existing measures 
Directive 2002/14/EC of the European Parliament and of the Council68 on informing and consulting 
workers (the Information and Consultation Directive) aims at ensuring workers’ involvement ahead 
of decision-making by management, notably where restructuring is envisaged. Directive 2009/38/EC 
of the European Parliament and of the Council on the establishment of a European Works Council69 
addresses  the  need  for  proper  information  and  consultation  processes  in  the  case  of  EU-scale 
companies through the setting up of European Works Councils to deal with transnational issues that 
could affect workers. Council Directive 98/59/EC70 on collective redundancies and Council Directive 
2001/23/EC71 on the transfer of undertakings go beyond ensuring the information and consultation 
of  workers'  representatives;  for  instance,  the  latter  Directive  ensures  the  safeguarding  of  workers' 
rights when a business is transferred from one employer to another. 

The  EU  Quality  Framework  for  anticipation  of  change  and  restructuring72  promotes  principles  and 
good  practices  addressed  to  employers,  employees,  social  partners  and  public  authorities  with 
regard to the anticipation of change and the management of the restructuring processes. 

The  Joint  Statement signed  by  the Presidency  of  the Council of the European  Union,  the  European 
Commission and the European Social Partners on "A New Start for Social Dialogue" emphasises the 
importance of  capacity building  of  national  social  partners,  the  strengthened  involvement  of  social 
partners  in EU policy  and  law-making and the  commitment  to  promote  cross-industry  and  sectoral 
social dialogue, including their outcomes at all levels.   

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  the  right  for  social  partners  to  be  involved  in  the  design  and  implementation  of 
employment  and  social  policies,  and  supports  their  stronger  involvement  in  policy  and  law-making 
while  taking  into  account  the  diversity  of  national  systems.73  Its  realisation  entails  setting  the 
appropriate  institutional  or  legal  framework  at  Union  and  national  level,  by  giving  a  clear  role  to 
social partners not only in consultation and preparation of relevant legislation and policies, but also 
in their implementation and enforcement.  

68 Directive 2002/14/EC of the European Parliament and of the Council of 11 March 2002 establishing a general framework 
for informing and consulting employees in the European Community, OJ L 80, 23.3.2002, p. 29.  
69 OJ L 122, 16.5.2009, p.28. 
70 Council Directive 98/59/EC of 20 July 1998 on the approximation of the laws of the Member States relating to collective 
redundancies, OJ L 225, 12.08.1998, p. 16. 
71 Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the 
safeguarding  of  employees'  rights  in  the  event  of  transfers  of  undertakings,  businesses  or  parts  of  undertakings  or 
businesses, OJ L 82, 22.03.2001, p. 16.  
72 Communication from the Commission, EU Quality Framework for anticipation of change and restructuring, COM (2013) 
0882 final, 13.12.2013. 
73  A  new  start  for  Social  Dialogue  -  Statement  of  the  Presidency  of  the  Council  of  the  European  Union,  the  European 
Commission and the European Social Partners, June 16, 2016.  

34 

EN 

 
 
 
 
 
                                                            
The  Pillar  entitles  all  workers  in  all  sectors  to  be  informed  and  consulted  directly  or  through  their 
representatives  on  matters  relevant  to  them  such  as  the  transfer,  restructuring  and  merger  of 
undertakings  and  collective  redundancies.  It  looks  beyond  the  current  Union  acquis  given  that:  it 
applies  regardless  of  the  staff  numbers  involved;  its  material  scope  encompasses  both  the 
restructuring and merger of companies; and the right is not just to receive information but also to be 
consulted  about  any  such  corporate  action,  which  implies  an  exchange  of  views  and  the 
establishment of a consistent dialogue with the employer. Moreover, Principle 8b covers any issues 
that  concern  workers,  whereas  existing  Directives  contain  a  limited  list  of  topics  for  engaging  in 
information and consultation processes. By referring to 'matters relevant to them, in particular (…) 
the  transfer,  restructuring  and  merger  of  undertakings  and  (…)  collective  redundancies',  it  goes 
further than Article 27 of the Charter, which provides for a right to information and consultation 'in 
the cases and under the conditions provided for by Union law and national laws and practices'.   

While capacity-building is first and foremost a bottom-up process depending on the will and efforts 
of the social partners themselves, the provisions of the Pillar highlight that the efforts by the social 
partners can be complemented by public authorities while respecting the social partners' autonomy. 
Capacity-building refers to increasing the representativeness of social partners and to strengthening 
their operational, analytical and legal capabilities to engage in collective bargaining and to contribute 
to  policy-making.  This  support  can  take  the  form  of  setting  the  appropriate  institutional/legal 
framework,  by  giving  a  clear  role  to  social  partners  in  policymaking  and  also  by  providing  financial 
support.  

3. Implementation    

a) What Member States and Social Partners can do 

While  respecting  the  autonomy  of  the  social  partners,  Member  States  are  invited  to  involve  the 
social partners closely in the design and implementation of relevant reforms and policies and to help 
them  to  improve  the  functioning  and  effectiveness  of  social  dialogue  and  industrial  relations  at 
national level.  Member States are also invited to encourage good practices as regards informing and 
consulting workers and their representatives. 

Social  partners  may  also  collect  and  exchange  good  practices  across  the  Union.  At  national  level, 
social  partners  may  support  the  implementation  of  this  Principle  via  collective  bargaining  and 
through their involvement in the design and implementation of relevant policies. 

Social  Partners  may  improve  membership  and  representativeness  of  both  trade  unions  and 
employers' organisations,  particularly  with regard  to  their  capacity to  represent the self-employed, 
workers on all types of employment relationships, young people, migrants and women,   micro and 
small  enterprises  and  to  build  legal  and  technical  expertise  in  order  to  facilitate  their  proper 
involvement  in  the  design  and  implementation  of  employment  and  social  policies  at  both  national 
and Union level.  

EN 

35 

 
 
 
The  EU  social  partners  at  cross-industry  level  committed  to  promote  capacity-building  and  to 
improve  the  implementation  of  their  autonomous  agreements  in  their  current  work  programme 
2015-2017. 

b)  Recent and ongoing initiatives at EU level 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange good practices across the Union. 

The  Tripartite  Social  Summit  for  Growth  and  Employment  and  of  the  Macroeconomic  Dialogue 
remains the crucial fora to discuss with social partner representatives at political level.  

The  EU  social  partners  at  cross-industry  level  committed  to  promote  capacity-building  and  to 
improve  the  implementation  of  their  autonomous  agreements  in  their  current  work  programme 
2015-2017. 

In  2017,  the  Commission  will  publish  a  REFIT  Evaluation  of  Directive  2009/38/CE  of  the  European 
Parliament and of the Council on the establishment of a European Works Council or a procedure in 
Community-scale  undertakings  and  Community-scale  groups  of  undertakings  for  the  purposes  of 
informing and consulting employees. It will also publish a guidance document concerning the same 
Directive aimed at improving its implementation and establishing greater legal certainty.  

In 2017, the Commission will report to the other Union institutions and to the social partners on the 
way the good practices collected in the 2013 "EU quality framework for anticipation of change and 
restructuring"74 are being applied by Member States.  

The  Union  will  continue  to  promote  investment  by  the  Member  States  in  the  capacity-building  of 
social  partners  and  to  foster  the    provision  of  information  to  employee  representatives,  and 
consultation of employee representatives, taking account of national legislation that has transposed 
the  Directives  on  informing  and  consulting  workers,  collective  redundancies  and  European  Works 
Councils.  

74 COM(2013 ) 882. 

36 

EN 

 
 
  
 
 
 
 
  
 
 
                                                            
Work-life balance 

Parents  and  people  with  caring  responsibilities  have  the  right  to  suitable  leave,  flexible  working 
arrangements  and  access  to  care  services.  Women  and  men  shall  have  equal  access  to  special 
leaves of absence in order to fulfil their caring responsibilities and be encouraged to use them in a 
balanced way.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article  23  of  the  Charter  provides  that  equality  between  men  and  women  must  be  ensured  in  all 
areas,  including  employment,  work  and  pay.  The  principle  of  equality  shall  not  prevent  the 
maintenance  or  adoption  of  measures  providing  for  specific  advantages  in  favour  of  the  under-
represented  sex.  Article  33(2)  of  the  Charter  stipulates  that  in  order  to  reconcile  family  and 
professional life, everyone shall have the right to protection from dismissal for a reason connected 
with  maternity  and  the  right  to  paid  maternity  leave  and  to  parental  leave  following  the  birth  or 
adoption of a child.  

b) The legislative powers and their limits 

According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union 
is empowered to adopt measures to support and complement the activities of Member States inter 
alia  in  the  fields  of  workers'  health  and  safety,  working  conditions  and  equality  between  men  and 
women  with  regard  to  labour  market  opportunities  and  treatment  at  work.    Article  157(3)  TFEU 
empowers  the  Union  to  adopt  measures  to  ensure  the  application  of  the  principle  of  equal 
opportunities  and  equal  treatment  of  men and  women in matters  of  employment  and  occupation. 
Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and 
legal  constraints  in  a  way  which  would  hold  back  the  creation  and  development  of  small  and 
medium-sized undertakings. 

c) Existing measures  

Council Directive 92/85/EEC75 requires Member States to provide workers with maternity leave of a 
duration  of  at  least  14  weeks,  with  an  allowance  at  least  at  the  level  of  sick  pay.  Directive 
2010/41/EU  of  the  European  Parliament  and  of  the  Council76  stipulates  that  female  self-employed 
workers  and  the  female  spouses  and  life  partners  of  self-employed  workers  need  to  be  granted 
sufficient maternity allowance to enable the interruption of their occupational activity on account of 
pregnancy or motherhood, for a period of at least 14 weeks. The revised Framework Agreement on 

75  Council  Directive  92/85/EEC  of  19  October  1992  on  the  introduction  of  measures  to  encourage  improvements  in  the 
safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding, OJ L 348, 
28.11.1992, p.1. 
76 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the Principle of 
equal treatment between men and women engaged in an activity in a self-employed capacity, OJ L 180, 15.7.2010, p.1. 

37 

EN 

 
 
 
                                                            
leave  concluded  by  social  partners  (BusinessEurope,  UEAPME,  CEEP  and  ETUC)  - 
parental 
implemented at Union level by Council Directive 2010/18/EU77 - gives male and female workers an 
individual  right  to  parental  leave  of  at  least  four  months  and  requires  Member  States  to  take 
measures to ensure that workers may request a change to their working hours and/or patterns when 
returning from parental leave, for a set period of time. The Framework Agreement on part-time work 
concluded by UNICE, CEEP and the ETUC - implemented by Directive 97/81/EC78 - protects part-time 
workers  from  being  treated  less  favourably  than  full-time  workers  and  provides  that  employers 
should give consideration to requests by workers to switch from full-time to part-time work or vice-
versa.   

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar highlights the importance of work-life balance for all people with caring responsibilities and 
confers rights that are essential  to attain this balance in today’s working environment, such as the 
right to access childcare or long-term care. The Principle goes beyond the current acquis by providing 
rights for all people in employment with caring responsibilities. It will hence also apply to people in 
employment  who  are  not  parents,  but  who  may,  for  example,  care  for  elderly  or  disabled  family 
members.  

Furthermore,  the  Pillar  confers  a  right  to  flexible  working  arrangements  such  as  teleworking, 
adaptation  of  working  schedules  or  switching  between  full-time  and  part-time  work.  That  right 
currently exists in Union legislation only when a worker returns to work following parental leave.  

As regards gender equality, the Pillar sets a new focus on ensuring equal access for women and men 
to special leave arrangements. The balanced use of these arrangements by men and women should 
be encouraged, for instance by adjusting the level of payment, or conditions related to flexibility and 
non-transferability. 

3. Implementation 

a) What Member States and Social Partners can do 

Member States are in charge of transposing and enforcing rules adopted at Union level. Given that 
the  Union  measures  set  out  above  contain  minimum  standards,  Member  States  are  invited  to  go 
beyond these rules in order to give effect to the provisions of the Pillar.  

At Union level, social partners are to be consulted in accordance with Article 154  TFEU on possible 
initiatives based on Article 153 TFEU and may request implementation of their agreements at Union 
level  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and  exchange  good 
practices across the Union. At national level, social partners may support the implementation of this 

77  Council  Directive  2010/18/EU  of  8  March  2010  implementing  the  revised  Framework  Agreement  on  parental  leave 
concluded by BUSINESSEUROPE, UEAPME, CEEP and ETUC, OJ L68, 18.3.2010, p.13. 
78 Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by 
UNICE, CEEP and the ETUC, OJ L14, 20.1.1998, p.9.  

38 

EN 

 
 
 
 
                                                            
Principle via collective bargaining and through their involvement in the design and implementation of 
relevant policies. 

The EU social partners at cross-industry level selected reconciliation of work, private and family life 
as a priority for their current work programme 2015-2017. 

b)  Recent and ongoing initiatives at EU level 

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  the  "New  start  to 
support  Work-Life  Balance  for  parents  and  carers"  initiative.79  It  proposes  legislative  and  policy 
actions aiming to facilitate the uptake of parental  leave by both women and men, to introduce the 
paternity leave and the carers' leave, to promote the use of flexible working arrangements, as well as 
to provide more and better child and other care facilities and remove economic disincentives such as 
tax-benefit disincentives, which discourage second-earners, often women, from entering the labour 
market. 

Eurofound, the European Foundation for the Improvement of Living and Working Conditions and the 
European  Institute  for  Gender  Equality,  two  of  the  EU's  decentralised  agencies,  are  supporting  the 
work of the Commission, Member States and social partners in the area of work-life balance, quality 
of life and public services.  

79 COM(2017) 252 and COM(2017) 253. 

39 

EN 

 
 
 
 
                                                            
Healthy, safe and well-adapted work environment and data protection 

a. Workers have the right to a high level of protection of their health and safety at work.  

b. Workers have the right to a working environment adapted to their professional needs and which 
enables them to prolong their participation in the labour market. 

c. Workers have the right to have their personal data protected in the employment context. 

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article  31  (1)  of  the  Charter  of  Fundamental  Rights  of  the  European  Union  gives  every  worker  the 
right to working conditions which respect his or her health, safety and dignity. 

Article 8 of the Charter of Fundamental Rights of the European Union gives everyone the right to the 
protection  of  personal  data  and  states  that  such  data,  the  right  of  access  to  data  which  has  been 
collected concerning him or her, and the right to have it rectified. Such data must be processed fairly 
for  specified  purposes  and  on  the  basis  of  the  consent  of  the  person  concerned  or  some  other 
legitimate  basis  laid  down  by  law.  Compliance  with  these  rules  shall  be  subject  to  control  by  an 
independent authority. 

b) The legislative powers and their limits 

According  to  Article  153  (2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  the 
Union is empowered to adopt measures inter alia for the improvement in particular of the working 
environment  to  protect  workers'  health  and  safety.  Directives  adopted  on  the  basis  of  Article  153 
TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold 
back the creation and development of small and medium-sized undertakings. 

Article 16(1) of the Treaty on the Functioning of the European Union (TFEU) provides that everyone 
has the right to the protection of personal data concerning him or her. 

EN 

40 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
c) Existing measures 

Council Framework Directive 89/391/EEC80 and 23 related Directives set minimum requirements for 
the prevention of occupational risks, the protection of safety and health and the elimination of risks 
and  accident  factors.  The  Framework  Directive  establishes  the  general  principles  for  a  proper 
management  of  safety  and  health,  such  as  the  responsibility  of  the  employer,  rights  and  duties  of 
workers, risk assessment as an instrument to continuously improve company processes, or workers' 
representation.  The related Directives  tailor  these main  principles  to  some specific  workplaces  and 
sectors, specific risks, tasks or categories of workers. They define how to assess these risks and, in 
some cases, set limit exposure values for certain substances and agents.  

Directive  92/85/EEC  introduces  measures  to  encourage  improvements  in  the  safety  and  health  at 
work of pregnant workers and workers who have recently given birth or are breastfeeding. 

The General Data Protection Regulation 81, replacing the Data Protection Directive82 allows Member 
States by law or by collective agreements to provide for more specific rules to ensure the protection 
of the rights and freedoms of employees. 

In its Communication "Safer and Healthier Work for All"83 the Commission emphasises the need to 
refocus  efforts  on  ensuring  better  and  broader  protection,  compliance  and  enforcement  of 
occupational safety and health standards on the ground. It announces a number of legislative actions 
to  step  up  fight  against  occupational  cancer,  as  well  as 
initiatives  to  support  effective 
implementation of the rules, notably in microenterprises and SMEs. The Commission invites Member 
States  and  social  partners  to  work  together  in  order  modernise  occupational  safety  and  health 
legislation at EU and national level, while maintaining or improving workers' protection. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar goes beyond the current acquis by foreseeing a high level of protection for workers from 
risks  to  health  and  safety  at  work.  It  therefore  urges  Member  States,  but  also  employers,  to  go 
beyond the minimum requirements laid down in the current acquis and to get as close as possible to 
an accident-free and casualty-free working environment. This does not mean only applying the rules, 
but  also  establishing  ever-improving  health  and  safety  policies  with  the  help  of  tools  such  as  web-
based  tools  to  facilitate  risk  assessments,  dialogue  with  workers  and  workplace  suppliers,  all 
supported by guidance and feedback.  

80 Council Directive 89/391/EEC of 12 June 1989 on the introduction of measures to encourage improvements in the safety 
and health of workers at work OJ 1989 L183, 29.6.1989, p.1. 
81 Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural 
persons with regard to the  processing of  personal data  and on  the  free  movement  of  such  data, and repealing  Directive 
95/46/EC (General Data Protection Regulation) (Text with EEA relevance), OJ L 119, 4.5.2016, p. 1–88. 
82 Directive 95/46/EC of the European Parliament and of the Council of  24 October 1995 on the protection of individuals 
with regard to the processing of personal data and on the free movement of such data 
83 COM(2017) 12 final, of 10 January 2017. 

41 

EN 

 
 
 
 
 
 
 
 
                                                            
Principle 10b  introduces  two  inter-related rights:  first,  it goes  beyond  the  protection  of  health and 
safety by affording workers the right to a working environment adapted to their specific occupational 
circumstances.  Secondly,  in  accordance  also  with  the  principle  of  active  ageing,  it  recognises  the 
need to adapt the working environment in order to enable workers to have sustainable and longer 
working  careers.    Certain  adaptations,  such  as  for  example  better  lighting  for  carrying  out  clerical 
work,  may  be  necessary  due  to  the  worker’s  age.    In  addition,  adjustments,  such  as  more  flexible 
working hours, may be necessary to maintain older workers' health and well-being. 

The Pillar introduces as well the right to protection of personal data for workers. The processing of 
personal data by the employer has always to be based on a legal ground, normally performance of a 
contract, compliance with a legal obligation or for the purposes of the legitimate interest pursued by 
the employer, except where such interest are overridden by the interest or fundamental rights of the 
worker.   

3. Implementation 

a) What Member States and social partners can do 

Member States are in charge of transposing and enforcing rules adopted at Union level. Given that 
the Union measures set out above contain minimum requirements, Member States are invited to go 
beyond these rules in order to give effect to the Principle of a high level of health and safety at work 
and by encouraging good practices as regards active ageing at work.  

At Union level, social partners are to be consulted in accordance with Article 154  TFEU on possible 
initiatives based on Article 153 TFEU and may request their agreements to be implemented at Union 
level  in  accordance  with  Article  155  TFEU.  In  particular,  they  can  promote  and  develop  joint 
standards  at  national  or  Union  level  to  adapt  workplaces  to  accommodate  active  aging  and 
intergenerational  approach.  European  social  partners  signed  on  8  March  2017  an  autonomous 
agreement  on  active  ageing  and  intergenerational  approach  also  covering  health  and  safety  to  be 
implemented by national social partners by 2020. 

Social  partners  may  also  collect  and  exchange  good  practices  across  the  Union.  At  national  level, 
social  partners  may  support  the  implementation  of  this  Principle  via  collective  bargaining  and 
through their involvement in the design and implementation of relevant policies. 

EN 

42 

 
 
 
 
 
 
 
 
 
 
 
 
b) Recent and ongoing initiatives at EU level 

The Commission has recently proposed amendments to Directive 2004/37/EC84 (the Carcinogens and 
Mutagens Directive) aimed at improving protection for millions of workers by revising or establishing 
binding  occupational  exposure  limit  values  for  a  number  of  dangerous  chemical  agents.85    The 
Commission – in consultation with the social partners - will continue to propose further updates of 
the  Carcinogens  and  Mutagens  Directive  to  introduce  binding  limit  values  to  combat  occupational 
cancer. 

The  Commission  will  support  the  implementation  of  the  acquis  by  improving  compliance  with  the 
rules, in particular in micro-enterprises and SMEs, by putting forward proposals to remove or update 
outdated health and safety provisions in the light of scientific, technical and societal changes. It will 
refocus efforts on ensuring better protection, compliance and enforcement on the ground, inter alia 
by developing guidance for employers.  The publication of guides on agriculture, fishing vessels and 
work-related vehicle risks is expected in 2017. 

The  Commission  will  launch  a  peer  review  process  with  Member  States  with  the  specific  aim  of 
reducing  administrative  burden  in  national  legislation  while  maintaining  worker  protection  and,  in 
cooperation  with  the  European  Agency  for  Safety  and  Health  at  Work,  further  foster  the 
development of relevant IT tools.  

The European Agency for Safety and Health at Work, one of the EU's decentralised agencies, will play 
a key role in collecting and disseminating good practice and will support experience sharing, notably 
through  the  Healthy  Workplaces  campaigns.  The  "Healthy  Workplaces  for  All  Ages"  campaign  will 
conclude in 2017, publicising a wealth of examples from across the Union. In 2018, the Commission 
will  aim  to  enhance  the  practical  application  of  age-sensitive  risk  management  measures  by 
developing  and  disseminating  relevant  guidance  for  labour  inspectors.    The  Agency  will  launch  the 
next  Healthy  Workplaces  campaign  in  2018,  focussing  on  dangerous  substances  in  support  of 
Commission's effort to fight occupational cancer. To facilitate the application of the data protection 
rules,  the  Article  29  Working  Party  (composed  of  the  28  national  Data  Protection  Authorities)  will 
issue in 2017 an opinion on personal data processing in an employment context.   

84 Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from 
the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 
16(1) of Council Directive 89/391/EEC), OJ L158, 30.4.2004, p.50. 
85 COM(2016) 248 and COM (2017) 11. 

43 

EN 

 
 
  
 
 
                                                            
Chapter III – Social protection and inclusion 

Childcare and support to children 

a. Children have the right to affordable early childhood education and care of good quality.  

b. Children  have  the  right  to  protection  from  poverty.  Children  from  disadvantaged backgrounds 
have the right to specific measures to enhance equal opportunities. 

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 14 of the Charter gives everyone the right to education, including the right to free compulsory 
education.    Article  24(1)  of  the  Charter  gives  children  the  right  to  such  protection  and  care  as  is 
necessary for their wellbeing.  

b) The legislative powers and their limits 

Article 153 (2) of the Treaty on the Functioning of the European Union (TFEU) empowers the Union 
to adopt measures to support and complement the activities of the Member States in the fields of 
combatting  social  exclusion  and  the  modernisation  of  social  protection  systems.  The  Union  is 
empowered pursuant to Article 165 TFEU to contribute to the development of quality education by 
encouraging  policy  cooperation  between  the  Member  States  and,  if  necessary,  by  supporting  and 
implementing their action. Pursuant to Article 156 TFEU, with a view to achieving the objectives  of 
Article  151  TFEU  and  without  prejudice  to  the  other  provisions  of  the  Treaties,  the  Commission  is 
tasked  to  encourage  cooperation  between  the  Member  States  and  facilitate  coordination  of  their 
action  in  all  social  policy  fields  under  Title  X  of  the  TFEU.    Article  153(4)  provides  that  provisions 
adopted  pursuant  to  Article  153  TFEU  shall  not  affect  the  right  of  Member  States  to  define  the 
fundamental principles of their social security system and must not significantly affect the financial 
equilibrium thereof. 

c) Existing measures 

In  2002,  the  European  Council  set  ‘the  Barcelona  Targets’86  to  ensure  the  provision  of  formal 
childcare to  at least 90%  of children in the Union between the age of 3 and the mandatory school 
age, and at least 33% of children under the age of 3 by 2010. These targets were reaffirmed in the 
European Pact for Gender Equality 2011-2020.  

86 Presidency conclusions, Barcelona European Council, 15-16 March 2002, SN 100/1/02 REV 1. 

44 

EN 

 
 
 
                                                            
The 2009 Strategic Framework for European cooperation in education and training (ET2020) set up a 
number of objectives in education and training, including a benchmark in Early Childhood Education 
and Care (ECEC).87 

Commission  Recommendation  2008/867/EC  on  the  active  inclusion  of  people  excluded  from  the 
labour  market88  refers  to  the  need  for  access  to  quality  services,  including  childcare.  Council 
Recommendation of 28 June 201189 on policies to reduce early school leaving mentions the provision 
of high-quality ECEC as a preventive measure to reduce the risk of early school leaving. 

Commission  Communication90  and  Council  conclusions  of  201191  on  Early  childhood  education  and 
care:  providing  all  our  children  with  the  best  start  for  the  world  of  tomorrow,  acknowledged  that 
integration,  personal 
ECEC  provides  the  necessary  foundation  for 
development and future employability.  

learning,  social 

lifelong 

Commission  Recommendation  2013/112/EU  on  Investing  in  children:  breaking  the  cycle  of 
disadvantage92  calls  on  all  Member  States  to  step  up  their  investment  in  children,  according  to  a 
three-pillar  approach,  which  includes  affordable,  quality  ECEC  services  and  other  measures  to 
address  child  poverty,  as  part  of  an  integrated  child-rights  based  package  of  policy  measures  to 
improve outcomes for children and break intergenerational cycles of disadvantage.  

On  16  June  2016,  Council  Conclusions  on  "Combating  Poverty  and  Social  Exclusion:  An  Integrated 
Approach"  encouraged  the  Member  States  to  address  child  poverty  and  promote  children's  well-
being  through  multi-dimensional  and  integrated  strategies,  in  accordance  with  the  Commission 
Recommendation on investing in children. 

The  European  Regional  Development  Fund  supports  measures  to  improve  the  ECEC  infrastructure 
and  the  European  Social  Fund  supports  the  promotion  of  equal  access  to  good  quality  early-
childhood education and access to high quality and affordable services for children and families. The 
Erasmus+  programme  provides  the  possibility  for  strategic  partnerships  and  mobility  in  order  to 
improve practice and supports cooperation to advance ECEC policies. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar establishes that all children have the right to good quality ECEC. ECEC is understood as any 
regulated  arrangement  that  provides  education  and  care  for  children  from  birth  to  compulsory 
primary school age - regardless of the setting, funding, opening hours or programme content  - and 

87 By 2020, at least 95% of children (from 4 to compulsory school age) should participate in early childhood education 
88 Commission Recommendation 2008/867/EC on the active inclusion of people excluded from the labour market, OJ L 307, 

18.11.2008, p.11-14. 
89 OJ C 191, 1.7.2011, p.1. 
90 Communication from the Commission, Early Childhood Education and Care: Providing all our children with the best start 
for the world of tomorrow, COM(2011) 66 final. 
91 OJ C 175, 15.6.2011, p.8. 
92 Commission Recommendation 2013/112/EU Investing in children: breaking the cycle of disadvantage OJ L 59, 2.3.2013, p. 
5. 

45 

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includes  centre  and  family-based  day-care;  privately  and  publicly  funded  provision;  pre-school  and 
pre-primary provision.93  

Furthermore,  the  Pillar  highlights  the  quality  aspects  of  ECEC,  understood  as  combining  aspects 
related  to  access,  workforce,  curriculum,  monitoring,  evaluation  and  governance.  Universally 
available  and  good  quality  ECEC  is  beneficial  for  all  children  and  particularly  those  from  a 
disadvantaged background.  

The provisions of the Pillar set a right for children to be protected from poverty, meaning that every 
child shall have access to comprehensive and integrated measures as set out in the  2013 European 
Commission Recommendation on investing in children. Prevention of poverty and social exclusion is 
most effectively achieved through integrated strategies. The targeted measures should, for instance, 
comprise access to adequate resources, a combination of cash and in-kind benefits allowing children 
to  enjoy  adequate  living  standards,  access  to  affordable  quality  services  in  the  area  of  education, 
health, housing, family support and promotion of family-based and community care, as well as legal 
protection and support for children to participate in decision-making that affects their lives. 

 In  addition,  Principle  11b  gives  children  from  disadvantaged  backgrounds  (such  as  Roma  children, 
some  migrant  or  ethnic  minority  children,  children  with  special  needs  or  disabilities,  children  in 
alternative  care  and  street  children,  children  of  imprisoned  parents,  as  well  as  children  within 
households  at  particular  risk  of  poverty)  the  right  to  specific  measures  –  namely  reinforced  and 
targeted support - with a view to ensure their equitable access to and enjoyment of social rights. 

3. Implementation 

a) What Member States and Social Partners can do 

Member  States  are  responsible  for  the  content  of  teaching  and  for  the  organisation  of  their  
education systems and they are invited to give effect to the Pillar in this context, particularly through 
enhanced  availability  and  better  use  of  early  childhood  education  and  care  facilities,  and  by 
introducing  policies  to  counter  child  poverty  and  measures  to  promote  equal  opportunities,  for 
instance  national  and  subnational  strategies  that  include  targets,  indicators,  earmarked  budget 
allocations  and  a  monitoring  mechanism.  National  strategies  on  child  participation  could  be  put  in 
place  to  promote  awareness  on  how  to  involve  children  in  all  actions  and  decisions  that  concern 
them. 

At  national  level,  social  partners  may  support  the  implementation  of  this  Pillar  by  collecting  and 
exchanging  good  practices  across  the  Union.  Thanks  to  the  involvement  of  the  social  partners  in 
work-life balance issues, and in some countries their responsibility for social security systems, many 

Early 

93 Proposal for key principles of a Quality Framework for Early Childhood Education and Care, report of the Working Group 
on 
Commission, 
under 
http://ec.europa.eu/dgs/education_culture/repository/education/policy/strategic-framework/archive/documents/ecec-
quality-framework_en.pdf. 

Childhood 

Education 

European 

auspices 

Care 

and 

the 

the 

of 

EN 

46 

 
 
  
                                                            
companies  already  promote  or  even  provide  childcare  for  their  own  staff.  In  this  way,  the  social 
partners play a key role in the identification and exchange of good practices. 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation  of  this  Principle  through  their  involvement  in  the  design  and  implementation  of 
relevant policies.  

b) Recent and ongoing initiatives at EU level 

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  the  "New  start  to 
support Work-Life Balance for parents and carers" initiative. It proposes legislative and policy actions 
aiming to facilitate the uptake of parental leave by both women and men, to introduce the paternity 
leave  and  the  carers'  leave,  to  promote  the  use  of  flexible  working  arrangements,  as  well  as  to 
provide more and better  child and other care facilities and remove economic  disincentives  such as 
tax-benefit disincentives, which discourage second-earners, often women, from entering the labour 
market. 

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  a  review  of  the 
implementation  of  Commission  Recommendation  2008/867/EC  on  the  active  inclusion  of  people 
excluded  from  the  labour  market,  and  of  Commission  Recommendation  2013/112/EU:  Investing  in 
children: breaking the cycle of disadvantage. 

The  Commission  will  further  support  Member  States  in  providing  a  common  framework  for  high 
quality early childhood education and care and step up efforts to help them learn from each other 
and identify what works best. 

In  2017,  the  Commission  will  launch  and  implement  a  Preparatory  Action  on  a  Child  Guarantee, 
following  a  European  Parliament's  proposal.  It  aims  to  clarify  the  concept  of  such  a  guarantee,  its  
feasibility  and potential to contribute to the overall objective of fighting child poverty. 

EN 

47 

 
 
 
 
Social protection 

Regardless  of  the  type  and  duration  of  their  employment  relationship,  workers,  and,  under 
comparable conditions, the self-employed, have the right to adequate social protection.  

1. The current Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article  34  of  the  Charter  affirms  respect  for  the  entitlement  to  social  security  benefits  and  social 
services providing protection in cases such as maternity, illness, industrial accidents, dependency or 
old age, and in the case of loss of employment, in accordance with the rules laid down by Union law 
and national laws and practices. It recognises entitlement to social security and social assistance for 
everyone residing and moving legally within the European Union in accordance with Union law and 
national laws and practices.  It also sets out the right to social assistance and social housing to ensure 
a  decent  existence  for  all  those  who  lack  sufficient  resources  and  combat  social  exclusion  and 
poverty.  

Article  35  of  the  Charter  guarantees  the  right  of  access  to  preventive  health  care  and  the  right  to 
benefit from medical treatment under the conditions established by national laws and practices.  

b) The legislative powers and their limits 

Article  153(2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  enables  the  Union 
legislature  to  adopt  measures,  including  directives  setting  minimum  requirements,  in  the  field  of 
social security and social protection of workers.  

Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right 
of Member States to define the fundamental principles of their social security system and must not 
significantly  affect  the  financial  equilibrium  thereof.  Directives  adopted  on  the  basis  of  Article  153 
TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold 
back the creation and development of small and medium-sized undertakings. 

Pursuant  to  Article  156  TFEU,  the  Commission  is  tasked  to  encourage  cooperation  between  the 
Member States and facilitate coordination of their action in all social policy fields under Title X of the 
TFEU. 

Article 48 TFEU requires the Union legislature to adopt such measures in the field of social security as 
are  necessary  to  provide  freedom  of  movement  for  workers  and  the  self-employed  between  the 
Member States. 

EN 

48 

 
 
 
 
 
c) Existing measures  

Council  Recommendation  92/442/EEC  on  the  convergence  of  social  protection  objectives  and 
policies94  covers  social  insurance  for  workers  in  relation  to  sickness,  maternity,  unemployment, 
incapacity for work, the elderly and family.  

Council Recommendation 92/441/EEC on common criteria concerning sufficient resources and social 
assistance in social protection systems95 sets out principles and guidelines to implement this right.  

Directive  2010/41/EU  of  the  European  Parliament  and  of  the  Council  on  the  application  of  the 
principle  of  equal  treatment  between  men  and  women  engaged  in  self-employed  activity96  grants 
access to maternity leave and benefits for at least 14 weeks. It does not cover access to any other 
social insurance risks.  

Regulation (EC) No 883/2004 of the European Parliament and of the Council97 coordinates the social 
security rules of the Member States as regards persons in cross-border situations.  

Regulation  (EU)  No  1231/2010  of  the  European  Parliament  and  of  the  Council98  coordinates  social 
security systems in the case of third country nationals  and their family members legally residing in 
the territory of the Union who have moved between Member States.  

Council Directive 2003/109/EC99 concerning the status of third-country nationals who are long-term 
residents,  together  with  a  number  of  other  Union  directives  concerning  legal  migration  of  third 
country nationals in the Union100, confer them equal treatment rights with host country's nationals in 
relation to social protection and social security. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar transforms the call for a replacement income which will maintain the workers' standard of 
living  in  the  1992  Recommendation  into  a  right.  The  provisions  on  social  protection  apply  to  all 
workers,  regardless  of  the  type  and  duration  of  their  employment  relationship,  and,  under 

94 Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies OJ L 
245, 26.8.1992, p. 49. 
95 Council Recommendation 92/441/EEC of 24 June 1992, OJ L 245, 26.8.1992, p. 46. 
96 Directive 2010/41/EU of the European Parliament and of the Council of 7 July 2010 on the application of the Principle of 
equal treatment between men and women engaged in an activity in a self-employed capacity, OJ L 180, 15.7.2010, p.1. 
97 Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social 
security systems OJ L 166, 30.4.2004, p.1. 
98 Regulation (EU) No 1231/2010 of the European Parliament and of the Council of 24 November 2010 extending Regulation 
(EC) No 883/2004 and Regulation (EC) No 987/2009 to nationals of third countries who are not already covered by these 
Regulations solely on the ground of their nationality, OJ L 344, 29.12.2010, p. 1.  
99 Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term 
residents, OJ L 16, 23.1.2004, p. 44.  See also, for example,  Directive 2011/98/EU of the European Parliament and of the 
Council of 13 December 2011 on a single application procedure for a single permit for third-country nationals to reside and 
work  in  the  territory  of  a  Member  State  and  on  a  common  set  of  rights  for  third-country  workers  legally  residing  in  a 
Member State, OJ L 343, 23.12.2011, p.1. 
100      Directives  on:  Family  reunification,  Blue  Card,  Single  Permit,  Researchers,  Students,  Qualification  as  a  beneficiary  of 
international protection, seasonal workers and intra-corporate transferees. 

49 

EN 

 
 
                                                            
comparable  conditions,  the  self-employed.    Its  aim  is  to  cover  the  whole  range  of  non-standard 
contracts for the provision of work which are increasingly prevalent in today’s labour market. 

The  Pillar  also  provides  that  the  self-employed  shall  have  access  to  social  protection.  By  extending 
access  to  the  self-employed,  the  Principle  goes  beyond  the  1992  Council  Recommendation,  which 
only calls for examining the possibility of appropriate social protection for the self-employed. 

The material scope of the right to social protection covers both social assistance and social security.  
Social  security,  which  includes  both  contributory  and  non-contributory  schemes,  is  defined  in 
Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council101  to  include  the 
following  branches:  (a)  sickness  benefits;  (b)  maternity  and  equivalent  paternity  benefits;  (c) 
invalidity benefits; (d) old-age benefits; (e) survivors' benefits; (f) benefits in respect of accidents at 
work  and  occupational  diseases;  (g)  death  grants;  (h)  unemployment  benefits;  (i)  pre-retirement 
benefits; (j) family benefits.   

In guaranteeing also to the self-employed access to social protection under comparable conditions, 
the Principle goes beyond Directive 2010/41/EU, which dealt only with maternity leave. 

Taken together, part one and part two of the provision on social protection ensure that comparable 
access to social protection is made available to people employed as workers and people working as 
self-employed. 

3. Implementation 

a) What Member States and social partners can do 

Member States are invited to adapt their rules in order to give effect to the Pillar provisions on social 
protection, in addition to transposing and enforcing rules adopted at Union level. 

Furthermore, Member States may ratify, if not done so, and apply the relevant ILO conventions on 
social security,  the European  Code  of Social Security  and  the Revised  European  Social Charter,  and 
may review the reservations made for some Articles of the revised European Social Charter.    

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation of this Principle via collective bargaining and through their involvement in the design 
and implementation of relevant policies.  

101 The Regulation applies also to special non-contributory cash benefits which display characteristics of both social security 
and social assistance. 

50 

EN 

 
 
 
 
                                                            
b) Recent and ongoing initiatives at EU level 

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  a  first-stage 
consultation  of  the  social  partners  on  an  initiative  concerning  "Access  to  Social  Protection",102  in 
order to address varying access to social protection by workers in standard employment and people 
employed on non-standard contracts and in various forms of self-employment.  

102 C(2017) 2610. 

51 

EN 

 
 
 
 
 
                                                            
Unemployment Benefits 

The unemployed have the right to adequate activation support from public employment services 
to  (re)integrate  in  the  labour  market  and  adequate  unemployment  benefits  of  reasonable 
duration,  in  line  with  their  contributions  and  national  eligibility  rules.  Such  benefits  shall  not 
constitute a disincentive for a quick return to employment.  

1. The Union acquis 

 a) The Charter of Fundamental Rights of the European Union 

Article 29 of the Charter guarantees everyone the right of access to a free placement service. Article 
34  of  the  Charter  affirms  respect  for  the  entitlement  to  social  security  benefits  and  social  services 
providing protection  inter  alia in the case of loss of employment, in accordance with the rules laid 
down by Union law and national laws and practices.  It recognises the entitlement to social security 
and  social  assistance  for  everyone  residing  and  moving  legally  within  the  European  Union  in 
accordance with Union law and national laws and practices. 

b) The legislative powers and their limits 

Article  147  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  provides  that  the 
European Union shall contribute to a high level of employment by encouraging cooperation between 
Member States and by supporting and, if necessary, complementing their action. According to Article 
153(2) TFEU, the Union is empowered to adopt measures inter alia in the field of the integration of 
persons  excluded from the labour  market.  These  measures  can include directives  setting  minimum 
requirements. Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not 
affect the right of Member States to define the fundamental principles of their social security system 
and must not significantly affect the financial equilibrium thereof. Directives adopted on the basis of 
Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which 
would hold back the creation and development of small and medium-sized undertakings. 

c) Existing measures 

Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of 
social security systems103 provides the right to retain the entitlement to unemployment benefits in 
cash for a period of up to three months, with a possibility of extension up to six months, for a wholly 
unemployed person who satisfies the conditions for entitlement to unemployment benefits and who 
goes to another Member State to seek work. 

Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the 
labour  market  104  calls  for  an  integrated  comprehensive  strategy  for  the  active  inclusion  of  people 

103  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the  coordination  of 
social security systems OJ L 166, 30.4.2004, p.1. 
104 Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market, OJ 
L 307, 18.11.2008, p. 11. 

52 

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excluded from the labour market, combining adequate income support, inclusive labour markets and 
access to quality services.   

The  European  Network  of  Public  Employment  Services  (PES)  established  through  the  Decision  No 
573/2014/EU105  of  the  European  Parliament  and  Council,  provides  a  platform  to  compare  PES 
performance  at  European  level,  identify  good  practice  and  foster  mutual  learning  in  order  to 
strengthen the active support services. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar states the right to adequate support for people in unemployment from public employment 
services.  Such  support  is  based  on  assessment,  counselling  and  guidance  for  job  search  and  more 
broadly for career decisions. 

Furthermore, the Pillar provides that the unemployed shall have a right to adequate unemployment 
cash benefits of reasonable duration.  The Pillar requires an adequate level of benefits, as in relation 
to the income replaced. The replacement level should maintain incentives for a quick return to work. 
Provision of the benefit should be of reasonable duration: it is important to allow sufficient time to 
find  a  job  matching  the  skills  of  the  jobseeker,  and  to  avoid  negative  incentives  discouraging  job-
seeking. Notwithstanding, the benefits should be in line with the contributions and respect national 
eligibility rules. 

The provision covers all unemployed, including those with short employment records and those who 
were  formerly  self-employed.  Its  material  scope  covers  both  contributory  and  non-contributory 
unemployment cash benefits, as well as unemployment assistance.  

Commission  Recommendation  of  3  October  2008    on  the  active  inclusion  of  people  excluded  from 
the labour market already provides guidance to continually review the incentives and disincentives to 
work  resulting  from  tax  and  benefit  systems.  As  a  new  development,  the  Pillar  requires  that  such 
incentives  be  built  into  the  design  of  unemployment  benefit  schemes.  Moreover,  it  links  the 
unemployment benefits to the support of public employment services. 

3. Implementation    

a) What Member States and social partners can do 

Each  Member  State  retains  the  right  to  define  the  fundamental  principles  of  its  social  security 
system. To give effect to the Pillar, Member States are invited to update their rules concerning the 
provision of unemployment cash benefits in addition to transposing and enforcing rules adopted at 
Union level. 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 

105 http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.159.01.0032.01.ENG  

53 

EN 

 
 
                                                            
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation of this Principle via collective bargaining and through their involvement in the design 
and implementation of relevant policies.  

b) Recent and ongoing initiatives at EU level 

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  a  first-stage 
consultation  of  the  social  partners  on  an  initiative  concerning  "Access  to  Social  Protection",106  in 
order to address varying access to social protection by workers in standard employment and people 
employed on non-standard contracts and in various forms of self-employment.  The consultation will 
address the access to unemployment benefits and to employment services. 

The Commission will continue to support negotiations on the proposal presented in December 2016 
for  amending  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  on  the 
coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure 
for  implementing  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council.  107 
This  proposal  extends  the  minimum  period  for  which  an  unemployed  person  can  request 
unemployment benefits while searching for a job in another Member State from three to six months. 

The  European  Network  of  Employment  Services  (PES  Network)  is  implementing  the  Benchlearning 
project, aiming to improve the PES' performance, linking indicator-based benchmarking with mutual 
learning in order to better address the active support to job seekers.  

106 C(2017) 2610. 
107 COM(2016) 815 final, 13.12.2006. 

54 

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Minimum income 

Everyone lacking sufficient resources has the right to adequate minimum income benefits ensuring 
a life in dignity at all stages of life, and effective access to enabling goods and services. For those 
who can work, minimum income benefits should be combined with incentives to (re)integrate into 
the labour market.   

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 34(3) of the Charter affirms recognition and respect of the right, inter alia, to social assistance 
to ensure a decent existence for all those who lack sufficient resources in accordance with the rules 
laid down by Union law and national laws and practices. 

b) The legislative powers and their limits 

According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union 
is empowered to adopt measures to support and complement the activities of Member States in the 
field  of  the  integration  of  persons  excluded  from  the  labour  market.  Article  153(4)  provides  that 
provisions adopted pursuant to Article 153 TFEU shall not affect the right of Member States to define 
the  fundamental  principles  of  their  social  security  system  and  must  not  significantly  affect  the 
financial equilibrium thereof.  Pursuant to Article 156 TFEU, the Commission is tasked to encourage 
cooperation between the Member States and facilitate coordination of their action in all social policy 
fields under Title X of the TFEU. 

c) Existing measures  

Council Recommendation 92/441/EEC on common criteria concerning sufficient resources and social 
assistance 
Income 
Recommendation")108 calls on Member States to recognise the right to social assistance and sets out 
principles and guidelines to implement this right. 

in  social  protection  systems 

(commonly  known  as 

the  "Minimum 

Commission Recommendation 2008/867/EC109 on the active inclusion of persons excluded from the 
labour market calls on Member States to combine adequate income support with access to quality 
services and inclusive labour market measures in an integrated active inclusion strategy. This call to 
the  Member  States  was  reiterated  in  the  Council  Recommendation  of  15  February  2016  on  the 
integration of the long-term unemployed into the labour market.110 

108 Council Recommendation 92/441/EEC of 24 June 1992, OJ L 245, 26.8.1992, p. 46. 
109  Commission  Recommendation  2008/867/EC  of  3  October  2008  on  the  active  inclusion  of  people  excluded  from  the 
labour market, OJ L 307, 18.11.2008, p. 11, endorsed by the Council of the European Union on 17 December 2008. 
110 Council Recommendation of 15 February 2016, OJ C 67, 20.2.2016, p. 1. 

55 

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2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  out  a  right  for  everyone  who  lacks  sufficient  resources  to  access  minimum  income 
benefits. In the case of people who are able to work, benefits should be combined with incentives to 
(re)integrate into the labour market. It goes beyond the 1992 Minimum Income Recommendation by 
explicitly  stating  the  right  to  a  minimum  income  that  ensures  a  life  in  dignity.  The  concept  of 
"minimum  income",  pointing  to  a  specific  form  of  benefit,  is  used  explicitly  for  the  first  time, 
replacing the more generic terms such as "social assistance" or "sufficient resources". 

Minimum income aims at preventing destitution of people who are not eligible for social insurance 
benefits,  or  whose  entitlement  to  such  benefits  has  expired,  thus  combating  poverty  and  social 
exclusion.  Such  benefits  should  also  ensure  a  life  in  dignity  at  all  stages  of  life  combined  with 
effective  access  to  enabling  services.  They  are  non-contributory,  universal  and  means-tested.  They 
require people to be available for work or participate in community activities, if the individuals are 
capable. 

An  important  element  of  ensuring  incentives  to  work  is  that  the  design  of  the  benefit  should  be 
consistent with other benefits and preserve financial incentives to take up a job and therefore avoid 
minimum  income  beneficiaries  to  be  trapped  in  inactivity.  Such  incentives  can  take  the  form  of 
requiring the person receiving the benefit to make use of employment services, which together with 
other enabling services can support labour market reintegration. 

3. Implementation 

a) What Member States and Social Partners can do 

Member  States  are  responsible  for  implementing  the  guidelines  and  recommendations  on  social 
protection agreed at Union level. To give effect to the Principle, Member States are invited to update 
and extend their practice concerning the design and payment of minimum income benefits. 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation  of  this  Principle  through  their  involvement  in  the  design  and  implementation  of 
relevant policies.  

b) Recent and ongoing initiatives at EU level 

The efficient set up of minimum income schemes at national level is encouraged in Country Specific 
Recommendations within the European Semester process of economic policy coordination, to which 
the  Social  Protection  Committee  contributes.  The  Open  Method  of  Coordination  in  the  Social 
Protection Committee ensures policy coordination and monitors the progress of the Member States. 

56 

EN 

 
 
 
The  European  Union  financial  instruments  and  in  particular  the  European  Social  Fund  play  an 
important role supporting the development of minimum income benefits. 

The  Commission  has  been  supporting  Member  States  to  improve  their  minimum  schemes  through 
the  European  Minimum  Income  Network111  focused  on  the  promotion  of  adequate  and  accessible 
minimum income schemes and the dissemination of a methodology for cross-nationally comparable 
reference budgets in the Member States. 

111 https://emin-eu.net/what-is-emin/ 

57 

EN 

 
 
 
 
 
                                                            
Old-age income and pensions 

a. Workers and the self-employed in retirement have the right to a pension commensurate to their 
contributions and ensuring an adequate income. Women and men shall have equal opportunities 
to acquire pension rights. 

b. Everyone in old age has the right to resources that ensure living in dignity.  

1. The EU acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 25 of the Charter affirms recognition and respect for the rights of the elderly to lead a life of 
dignity  and  independence.  Article  34  of  the  Charter  affirms  respect  for  the  entitlement  to  social 
security benefits and social services providing protection, inter alia, in cases such as dependency or 
old age, in accordance with the rules laid down by Union law and national laws and practices and the 
entitlement  to social security benefits  and social services in old age. Article 23 guarantees equality 
between men and women in all areas. 

b) The legislative powers and their limits 

Article 151 of the Treaty on the Functioning of the European Union (TFEU) affirms that, inter alia, one 
of the objectives of the Union and the Member States is the promotion of proper social protection.  
According to  Article 153(2) TFEU, the Union is empowered to adopt measures in the area of social 
security and social protection of workers.  Article 153(4) provides that provisions adopted pursuant 
to Article 153 TFEU shall not affect the right of Member States to define the fundamental principles 
of  their  social  security  system  and  must  not  significantly  affect  the  financial  equilibrium  thereof. 
Pursuant to Article 156 TFEU, the Commission is empowered to encourage cooperation between the 
Member States and facilitate the coordination of their action in all social policy fields, including in the 
field of social security.   

Article 19 TFEU empowers the Union legislature to take appropriate action to combat discrimination 
inter  alia  based  on  sex.  Article  157(3)  TFEU  empowers  the  Union  legislature  to  adopt  measures  to 
ensure  the  application  of  the  principle  of  equal  opportunities  and  equal  treatment  of  men  and 
women in employment and occupation.  

EN 

58 

 
 
 
c) Existing measures 

There are  a  number  of  Directives  which  implement  the  principle  of  equal  treatment between men 
and  women,  inter  alia,  in  relation  to  pensions,  covering  statutory  schemes,  occupational  and 
personal pensions.112 

Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of 
social security systems113 provides for the aggregation of periods of insurance and the right of export 
of pension for pensioners who worked in another Union Member State. 

The  Union  has  also  adopted  directives  concerning  occupational  pension  schemes,  notably  in  cross-
border situations.114  

Council  Recommendation  92/442/EEC115  on  the  convergence  of  social  protection  objectives  and 
policies  covers  social  insurance  for  workers  in  relation  to  sickness,  maternity,  unemployment  and 
incapacity for work; minimum subsistence for the elderly; and social protection of the family.  

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar calls for an adequate pension for both workers and the self-employed. Thus, the Pillar goes 
beyond  existing  acquis  by  covering  also  the  self-employed.  It  also  calls  for  equal  opportunities  for 
both  women  and  men  to  acquire  old-age  pension  rights.  At  present,  the  pensions  of  women  are 
lower than those of men largely due to the impact on contribution records of lower pay, more part-
time and shorter, more interrupted careers linked to caring obligations. Thus, equal opportunities to 
build  old-age  income  rights  require,  in  conjunction  with  labour  market  and  work-life  balance 
measures,  equal  pensionable  ages  and  adequate  crediting  of  pension  rights  for  care  periods.  The 
Pillar  goes  further  than  the  1992  Recommendation  by  calling  for  equality  of  opportunity  between 
women and men when it comes to acquiring pension rights. 

The Pillar calls for an adequate income at old age without regard to the type of pension system. Thus, 
it  covers  all  three  pillars  of  the  pension  system.  Funded  supplementary  pension  systems  are 
becoming  more  important  alongside  state-based  pension  systems.  Facilitating  and  encouraging 
lifelong saving for retirement, including fiscal incentives, is an important flanking measure. 

112  Directive  79/7/EEC  on  the  implementation  of  the  Principle  for  men  and  women  in  matters  of  social  security,  OJ  L  6, 
10.1.1979, p. 24; Directive 2006/54/EC on the implementation of the equal opportunities and equal treatment of men and 
women in employment and occupation OJ L 2004, 26.7.2006, p. 23; Directive 2004/113/EC on the implementation of the 
Principle of men and women in the access to and supply of goods and services, OJ L273, 21.12.2004, p.37. 
113  Regulation  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the  coordination  of  social 
security systems, OJ L 166, 30.04.2004, p.1.  
114  Council  Directive  98/49/EC  of  29  June  1998  on  safeguarding  the  supplementary  pension  rights  of  employed  and  self-
employed  persons  moving  within  the  Community,    OJ  L 209,  25.7.1998,  p. 46;  Directive  2014/50/EU  on  minimum 
requirements  for  enhancing  worker  mobility  between  Member  States  by  improving  the  acquisition  and  preservation  of 
supplementary pension rights, OJ L 128, 30.4.2014, p.1;  Directive (EU) 2016/2341 of the European Parliament and of the 
Council of 14 December 2016 on the activities and supervision of institutions for occupational retirement provision (IORPs) 
OJ L 354, 23.12.2016, p.37. 
115  Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies OJ 
L 245, 26.8.1992, p. 49. 

59 

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The provisions  of  the Pillar  apply  to  income support  for  older  people  irrespective  of  its  form.  They 
aim  at  preventing  poverty  in  old  age  and  maintaining  retired  people's  standard  of  living.  The  1992 
Recommendation  on  Convergence  of  Social  Protection  Objectives  and  Policies  deals  with  both 
poverty protection and income maintenance. However, the Principle sets the bar higher by speaking 
about the right to a pension ensuring an adequate income. 

3. Implementation    

a) What Member States and Social Partners can do 

Member States retain the right to define the fundamental Principles of their social security systems. 
They are invited to adapt their rules in order to give effect to the Principle, in addition to transposing 
and enforcing rules adopted at Union level. 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation  of  this  Principle  through  their  involvement  in  the  design  and  implementation  of 
relevant policies.  

b) Recent and ongoing initiatives at EU level 

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  a  first-stage 
consultation  of  the  social  partners  on  an  initiative  concerning  "Access  to  Social  Protection"116    in 
order to address varying access to social protection by workers in standard employment and people 
employed on non-standard contracts and in various forms of self-employment.  The consultation will 
address  occupational  rights  and  ways  to  make  pension  rights  transferable  and  transparent  when 
changing employer, contract type or moving to self-employment.  

While public pension schemes are the backbone of old age income support supplementary pension 
schemes  can  also  contribute  to  a  more  adequate  income  protection.  In  its  Action  Plan  on  Capital 
Markets  Union  of  30  September  2015,  the  Commission  committed  to  analyse  ways  to  increase 
choices for retirement saving and build an EU market for personal pensions. A legislative initiative is 
under  preparation  with  a  view  to  creating  pan-European  Personal  Pensions  alongside  domestic 
personal pension schemes.  

116 C(2017) 2610. 

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Health care 

Everyone has the right to timely access to affordable, preventive and curative health care of good 
quality.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 35 of the Charter recognises that everyone has the right of access to medical treatment and 
preventive health care under the conditions established by national laws and practices. 

b) The legislative powers and their limits 

According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union 
is empowered to adopt measures to support and complement the activities of the Member States in 
the area of social security and social protection of workers.   

Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right 
of Member States to define the fundamental principles of their social security system and must not 
significantly affect the financial equilibrium thereof. 

Pursuant to Article 168(2) TFEU the Union shall encourage cooperation between the Member States 
in the area of human health and, if necessary, lend support to their action. The Commission may, in 
close  contact  with the  Member  States,  take any  useful initiative  to  promote coordination  between 
the Member States in this area, in particular initiatives aiming at the establishment of guidelines and 
indicators,  the  organisation  of  exchange  of  best  practice,  and  the  preparation  of  the  necessary 
elements  for  periodic  monitoring  and  evaluation.  Articles  168(1)  and  (7)  TFEU  provide  that  Union 
action shall complement national policies and respect the responsibilities of the Member States and 
shall  be  directed  towards  improving  public  health,  preventing  physical  and  mental  illness  and 
diseases, and obviating sources of danger to physical and mental health. 

Article 48 TFEU requires the Union legislature to adopt such measures in the field of social security as 
are necessary to provide freedom of movement for workers between Member States. 

c) Existing measures 

The EU legislation on pharmaceutical products117 and on substances of human origin118 set common 
standards for accessibility, quality and safety of these products across the EU internal market. 

117  Directive  2001/83/EC  of  the  European  Parliament  and  of  the  Council  of  6  November  2001  on  the  Community  code 
relating to medicinal products for human use; Regulation (EC) No 726/2004 of the European Parliament and of the Council 
of  31  March  2004  laying  down  Community  procedures  for  the  authorisation  and  supervision  of  medicinal  products  for 
human and veterinary use and establishing a European Medicines Agency (Consolidated version: 05/06/2013). 
118 https://ec.europa.eu/health/blood_tissues_organs/policy_en 
61 

EN 

 
 
 
                                                            
Council  Recommendation  92/442/EEC119  calls  on  Member  States,  inter  alia,  to  ensure,  under 
conditions determined by each Member State, access to necessary healthcare as well as to facilities 
seeking to prevent illness for all persons who are legally resident.  

Council  Recommendation  9  June  2009120  establishes  cooperation  on  patient  safety  and  the  related 
standards, including the prevention and control of healthcare associated infections. 

Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of 
social  security  schemes121  covers,  inter  alia,  access  to  healthcare  for  mobile  citizens.  Furthermore, 
Directive 2011/24/EU of the European Parliament and of the Council122 lays down rules intended to 
facilitate the receipt of cross-border health care within the Union. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  out  a  general  right  of  access  to  good  quality  preventive  health  care  and  medical 
treatment. It goes beyond Article 35 of the Charter in that it requires timely access to healthcare and 
stipulates that it should be affordable and of good quality.  

Timely  access  means  that  everyone  is  able  to  access  healthcare  whenever  they  need  it.  The 
realisation  of  the  Principle  requires  a  balanced  geographical  location  of  health  care  facilities  and 
health professionals, as well as policies to minimise long waiting periods.  

Affordable health care means that people should not be prevented from using needed care because 
of the cost.  

The  provision  of  the  Pillar  on  healthcare  includes  the  right  to  healthcare  of  good  quality,  meaning 
that healthcare should be relevant, appropriate, safe and effective.  

Finally,  preventive  and  curative  healthcare  means  access  to  medical  treatment  and  public  health 
services, including health promotion and disease prevention.  

119 Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies, OJ 
L 245, 26.08.1992, p. 49. 
120  Council  Recommendation  of  9  June  2009  on  patient  safety,  including  the  prevention  and  control  of  healthcare 
associated infections OJ C 151 03.07.2009. 
121  Regulation  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the  coordination  of  social 
security systems, OJ L 166, 30.04.2004, p.1.  
122  Directive 2011/24/EU  of  the  European Parliament  and  of  the  Council of  9 March  2011 on  the  application  of  patients’ 
rights in cross-border healthcare, OJ L 88, 4.4.2011, P. 45 – 65. 
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3. Implementation    

a) What Member States and Social Partners can do 

Member States are responsible for the definition of their health policy and for the organisation and 
delivery of health services and medical care, and retain the right to define the fundamental principles 
of their social security systems. They are invited to adapt their rules to give effect to the Principle, in 
addition to transposing and enforcing rules adopted at Union level. 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation  of  this  Principle  through  their  involvement  in  the  design  and  implementation  of 
relevant policies.  

b) Recent and ongoing initiatives at EU level  

Directive  2011/24/EU  establishes  cooperation  between  the  Member  States'  health  systems  for 
addressing  common  challenges  such  as  access  to  healthcare,  in  particular  through  the  recently 
launched European Reference Networks; the cooperation on Health Technology Assessment; and the 
cooperation in the eHealth Network and within the Digital Single Market. 

EN 

63 

 
 
 
 
 
Inclusion of people with disabilities 

People with disabilities have the right to income support that ensures living in dignity, services that 
enable them to participate in the labour market and in society, and a work environment adapted 
to their needs. 

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article 21 of the Charter prohibits any discrimination inter alia on the ground of disability. Article 26 
of the Charter recognises the right of persons with disabilities to benefit from measures designed to 
ensure  their  independence,  social  and  occupational  integration  and  participation  in  the  life  of  the 
community.  Article  34  of  the  Charter  recognises  the  entitlement  to  social  security  benefits  and 
services in cases such as dependency or loss of employment.  

b) The legislative powers and their limits 

According to Article 19 of the Treaty on the Functioning of the European Union (TFEU), the Union is 
empowered to take appropriate action to combat discrimination based inter alia on disability.  

According  to  Article  153  TFEU,  the  Union  is  empowered  to  adopt  measures,  including  directives 
setting minimum requirements, to support and complement the activities of the Member States in 
the  fields  of  -  inter  alia  -  the  improvement  of  the  working  environment  to  protect  workers'  health 
and safety; working conditions; social security and social protection of workers; and the integration 
of  persons  excluded  from  the  labour  market.  Based  on  Article  153  TFEU,  the  Union  is  also 
empowered  to  support  and  complement  the  activities  of  the  Member  States  in  the  field  of 
combating social exclusion.  

c) Existing measures 

The Union is a party to the UN Convention on the Rights of Persons with Disabilities (UNCRPD),123 an 
international  legally  binding  instrument  setting  minimum  standards  for  the  rights  of  people  with 
disabilities. 27 Union Member States124 are also parties to the Convention. The UNCRPD requires its 
parties  to  adopt all  appropriate  measures  for  the implementation of  the  rights  recognised therein, 
including  persons  with  disabilities'  right  to  work  on  an  equal  basis  with  others,  to  an  adequate 
standard of living, to live independently and to be included in the community.  

Council Directive 2000/78/EC125 (the Employment Equality Directive) prohibits discrimination on the 
ground  of  inter  alia  disability  as  regards  access  to  employment,  self-employment,  occupation  and 
vocational  training.  It  requires  employers  to  provide  reasonable  accommodation,  which  means  to 

123 Council Decision of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations 
Convention on the Rights of Persons with Disabilities, OJ L 23, 27.1.2010, p. 35. 
124 Except Ireland which is finalising the ratification process. 
125  Council  Directive  2000/78/EC  of  27  November  2000  establishing  a  general  framework  for  equal  treatment  in 

employment and occupation, OJ L 303, 2.12.2000, p. 16. 

64 

EN 

 
 
 
                                                            
take appropriate measures, where needed in a particular case, to enable a person with a disability to 
have  access  to,  participate  in,  or  advance  in  employment,  or  to  undergo  training,  unless  such 
measures would impose a disproportionate burden on the employer.  

The  core  elements  of  the  UNCRPD  are  reflected  in  the  European  Disability  Strategy  2010-2020,126 
through  which  the  Commission  promotes  participation  of  people  with  disabilities  in  society  and  in 
the  labour  market,  decent  living  conditions  and  social  inclusion.  Moreover,  provisions  related  to 
legislation  such  as  on  transport, 
people  with  disabilities  are 
telecommunication, consumer protection, state aid, public procurement or health and safety.  

in  Union  sectoral 

included 

Moreover,  the  Commission  encourages  Member  States  to  ensure  that  people  with  special  needs 
receive support within the general education system. It does so mostly through the European Agency 
for  Special  Needs  and  Inclusive  Education,  established  in  1996.  The  Agency  supports  reforms  at 
national  level  through  long-term  cooperation,  expertise  and  knowledge  exchange,  working  directly 
with ministries of education on a voluntary basis. The Agency's reviews help Member States meting 
the  international  standards  set  in  the  UN  Convention  on  the  Rights  of  Persons  with  Disabilities, 
notably  article  24.  Through  Erasmus+  funding,  the  Commission  also  supports  concrete  projects 
promoting inclusive education. 

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  reflects  the  holistic  human  rights-based  approach  to  disability  enshrined  in  the  UNCRPD, 
based  on  respect  for  dignity,  individual  autonomy  and  independence  of  persons  with  disabilities, 
their full and effective participation and inclusion in society on equal basis with others, and equality 
of opportunity.  

The  Pillar  highlights  the  right  to  income  support  as  one  of  the  elements  of  social  protection,  to 
services that enable people with disabilities to participate in the labour market and in society, and to 
an adapted work environment as key measures for people with disabilities to access other rights set 
out in the Principles of the Pillar, and to enjoy full equality and inclusion at work and in society. By 
specifying  the  necessary,  mutually  reinforcing  combination  of  these  measures,  the  Principle  goes 
beyond the existing acquis.  

3. Implementation 

a) What Member States and Social Partners can do 

Member  States  are  responsible  for  the  transposition  and  enforcement  of  rules  adopted  at  Union 
level.  Those  Member  States  which  have  ratified  the  UNCRPD  are  responsible  for 
its  full 
implementation  in  matters  falling  under  their  competence.  The  Union  measures  referred  to  above 

126  Communication  from  the  Commission to the  European  Parliament, the  Council, the  European  Economic and Social 
Committee and the Committee of the Regions - European Disability Strategy 2010-2020: A Renewed Commitment to a 
Barrier-Free Europe, COM/2010/0636 final.  

65 

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contain minimum standards and Member States are invited to go beyond these rules in order to give 
effect to the Principle, including taking positive action to ensure inclusion of people with disabilities 
on an equal basis with others. In doing so, Member States should closely consult with and actively 
involve persons with disabilities. 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation  of  this  Principle  through  their  involvement  in  the  design  and  implementation  of 
relevant policies.    

b) Recent and ongoing initiatives at EU level 

The  Commission  continues  to  support  negotiations  for  the  adoption  of  the  proposed  European 
Accessibility  Act127  aimed  at  ensuring  accessibility  of  certain  products  and  services  in  the  internal 
market, thus facilitating people with disabilities' employment and participation in society on an equal 
basis with others. 

The  Commission,  as  the  focal  point  for  the  implementation  of  the  UNCRPD  at  Union  level,  will 
continue  to  mainstream  matters  relating  to  disability  in  all  relevant  Union  policies  and  legislation, 
including in all relevant areas of the European Pillar of Social Rights. 

The Commission will also continue to support negotiations for the adoption by the Union legislature 
of its proposal for a Council Directive to expand protection against discrimination based on inter alia 
disability128  to  social  protection, 
including  social  security  and  healthcare;  education;  social 
advantages; and access to goods and services which are available to the public, including housing. 

127 Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and 
administrative  provisions  of  the  Member  States  as  regards  the  accessibility  requirements  for  products  and  services  - 
COM/2015/0615 final - 2015/0278 (COD). 

128  Proposal  for  a  Council  Directive  on  implementing  the  Principle  of  equal  treatment  between  persons  irrespective  of 

religion or belief, disability, age or sexual orientation {SEC (2008) 2180} {SEC (2008) 2181}. 

66 

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Long-term care 

Everyone  has  the  right  to  affordable  long-term  care  services  of  good  quality,  in particular home-
care and community-based services.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article  25  of  the  Charter  recognises  and  respects  the  rights  of  the  elderly  to  a  life  of  dignity  and 
independence and to participate in social and cultural life. Article 26 of the Charter recognises and 
respects  the  right  of  persons  with  disabilities  to  benefit  from  measures  designed  to  ensure  their 
independence,  social  and  occupational  integration  and  participation  in  the  life  of  the  community.  
Article 34 affirms respect for the entitlement to social security benefits and social services providing 
protection, inter alia in cases such as illness, dependency or old age, in accordance with the rules laid 
down by Union law and national laws and practices.  

b) The legislative powers and their limits 

According to Article 153(2) of the Treaty on the Functioning of the European Union (TFEU), the Union 
is  empowered  to  adopt  measures  which  support  and  complement  the  activities  of  the  Member 
States in the fields of social security and social protection of workers, combatting social exclusion and 
modernisation of social protection systems. 

Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right 
of Member States to define the fundamental principles of their social security system and must not 
significantly affect the financial equilibrium thereof. 

c) Existing measures 

Council  Recommendation  92/442/EEC  on  the  convergence  of  social  protection  objectives  and 
policies129  calls on Member  States  to  take  appropriate  measures  in social security having regard  to 
the  specific  needs  of  the  elderly  where  they  are  dependent  on  outside  care  and  services.  
Commission  Recommendation  2008/867/EC  on  the  active  inclusion  of  people  excluded  from  the 
labour market130 recommends that Member States should provide such services, which are essential 
to supporting active and economic inclusion policies, including long-term care services. 

129 Council Recommendation 92/442/EEC of 27 July 1992 on the convergence of social protection objectives and policies OJ 
L 245, 26.8.1992, p. 49. 
130 The Commission Recommendation (2008/867/EC) on the active inclusion of people excluded from the labour market, OJ 
L 307, 18.11.2008, p.11-14. 

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Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of 
social security schemes131 covers, inter alia, access to long-term care benefits for mobile citizens.   

The  European  Structural  and  Investment  Funds  provide  funds  to  Member  States  for  co-financing 
investments  in  social  services  and  health  care,  which  reinforce  the  shift  from  a  hospital-  and 
institution-centred model to community-based care and integrated services. Funds also support the 
development of long-term care services through the training of formal carers.   

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar affirms for the first time at Union level the right to long-term care services for persons who 
are  reliant  on  care.  It  calls  for  services  of  quality  which  would  help  frail  or  dependent  people 
maintain  their  health  and  functional  status  for  as  long  as  possible  and  improve  their  autonomy. 
Furthermore,  the  Pillar  requires  care  services  to  be  affordable  since  formal  care  services  can  have 
significant financial costs, leaving many persons who are reliant on care with unmet needs. While the 
Charter of Fundamental Rights sets out that older people should have the right to live in dignity and 
independence,  the  affordability,  adequacy  and  quality  of  the  services  provided  are  central  for  the 
application of this right. 

The Pillar privileges home-care (provided at the home of a person in need of care) and community-
based  services  (range  of  care  services  of  a  non-institutional  character)  and  therefore  goes  a  step 
further  than  the  Commission  2008  Recommendation  on  active  inclusion.    Developing  community-
based  services  helps  persons  with  long-term  care  needs  and  with  disabilities  to  live  independently 
and to be included in the community.132 This generally respects the preferences of persons in need of 
care to maintain independent living for as long as possible. 

3. Implementation  

a) What Member States and Social Partners can do 

Member States retain the right to define the fundamental principles of their social security systems. 
They are invited to adapt their rules in order to give effect to the Principle, in addition to transposing 
and enforcing rules adopted at Union level. 

At Union level, social partners are to be consulted in accordance with Article 154 TFEU on possible 
initiatives based on Article 153 TFEU, and may sign agreements which may be implemented at Union 
level  at  their  request  in  accordance  with  Article  155  TFEU.  Social  partners  may  also  collect  and 
exchange  good  practices  across  the  Union.  At  national  level,  social  partners  may  support  the 
implementation  of  this  Principle  through  their  involvement  in  the  design  and  implementation  of 
relevant policies.  

131  Regulation  883/2004  of  the  European  Parliament  and  of  the  Council  of  29  April  2004  on  the  coordination  of  social 
security systems, OJ l 166, 30.04.2004, p. 1.  
132 In line with the UN Convention on the Rights of Persons with Disabilities. 

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b) Recent and ongoing initiatives at EU level 

The  Commission  is  presenting  together  with  the  European  Pillar  of  Social  Rights  the  "New  start  to 
support Work-Life Balance for parents and carers" initiative. It proposes legislative and policy actions 
aiming to facilitate the uptake of parental leave by both women and men, to introduce the paternity 
leave  and  the  carers'  leave,  to  promote  the  use  of  flexible  working  arrangements,  as  well  as  to 
provide more and better  child and other care facilities and remove economic  disincentives  such as 
tax-benefit disincentives, which discourage second-earners, often women, from entering the labour 
market. 

The Commission continues to support negotiations on the proposal presented in December 2016 for 
amending  Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  on  the 
coordination of social security systems and Regulation (EC) No 987/2009 laying down the procedure 
for implementing Regulation (EC) No 883/2004.133  The proposal aims to establish a coherent regime 
for the coordination of long-term care benefits in cross-border situations.  

133 COM(2016) 815 final, 13.12.2006. 

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Housing and assistance for the homeless 
a.  Access  to  social  housing  or  housing  assistance  of  good  quality  shall  be  provided  for  those  in 
need.  

b.  Vulnerable  people  have  the  right  to  appropriate  assistance  and  protection  against  forced 
eviction.  

c. Adequate shelter and services shall be provided to the homeless in order to promote their social 
inclusion.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article  34(3)  of  the  Charter  affirms  recognition  and  respect  of  the  right,  inter  alia,  to  housing 
assistance to ensure a decent existence for all those who lack sufficient resources, in accordance with 
the rules laid down by Union law and national laws and practices. 

b) The legislative powers and their limits 

According  to  Article  153  (2)  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU),  the 
Union  is  empowered  to  adopt  measures  to  support  and  complement  the  activities  of  the  Member 
States in the fields of social security and social protection of workers, combating social exclusion and 
the  modernisation  of  social  protection  systems.  Pursuant  to  Article  156  TFEU,  the  Commission  is 
tasked  to  encourage  cooperation  between  the  Member  States  and  facilitate  coordination  of  their 
action in all social policy fields in Title X of the TFEU.   

Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right 
of Member States to define the fundamental principles of their social security system and must not 
significantly affect the financial equilibrium thereof. 

c) Existing measures 

Commission  Recommendation  2008/867/EC  on  the  active  inclusion  of  people  excluded  from  the 
labour  market  134  lays  down  that  Member  States  should  provide  services  that  are  essential  for 
supporting  social  inclusion  policies,  such  as  housing  support  and  social  housing.  Commission 
Recommendation  2013/112/EU  on  investing  in  children:  breaking  the  cycle  of  disadvantage135 
addresses  the  housing  and  living  conditions  of  poor  children.  The  Union  Framework  for  National 
Roma  Integration  Strategies136
  recognises  housing as  a  key area  of  intervention  for  the inclusion of 
disadvantaged Roma people. The UN Convention on the Rights of Persons with Disabilities recognises 

134 OJ L307, 18.11.2008, p.11. 
135  Commission  Recommendation  2013/112/EU  of  20  February  2013  Investing  in  children:  breaking  the  cycle  of 
disadvantage OJ L 59, 2.3.2013, p. 5–16 
136  Communication  from  the  Commission    to  the  European  Parliament,  the  Council,  the  European  Economic  and  Social 
Committee  and the  Committee of  the  Regions,  An  EU  Framework  for National  Roma  Integration  Strategies  up  to 2020 , 
COM/2011/0173 final. 

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the  right  to  an  adequate  standard  of  living  for  people  with  disabilities  and  their  families,  including 
adequate  housing,  and  to  access  to  public  housing  programmes.  The  Convention  also  calls  for  its 
parties to take appropriate measures to ensure accessibility of housing. 

As  regards  access  to  shelter,  Union  legislation  lays  down  specific  protection  for  particularly 
vulnerable  people  such  as  unaccompanied  children,  asylum-seekers  and  refugees.  Directive 
2012/29/EU of the European Parliament and of the Council establishing minimum standards on the 
rights, support and protection of victims of crime137 provides for the provision of shelter or any other 
appropriate interim accommodation.  

2. Scope and changes introduced by the European Pillar of Social Rights 

The Pillar covers the different aspects of the right to housing in a comprehensive manner for the first 
time at Union level. 

While  the  Charter  of  Fundamental  Rights  provides  the  right  to  housing  assistance  and  to  a  decent 
existence  for  all  those  who  lack  sufficient  resources,  Principle  19a  goes  further  by  referring  to  the 
provision  of  housing  support  in-kind,  namely  social  housing.  Either  social  housing  or  housing 
assistance  should  be  provided:  the  material  scope  of  the  Principle  includes  the  whole  range  of 
possibilities  in  providing  support  in  relation  to  housing,  and  covers,  for  example,  housing  benefit, 
income support, rental guarantees and tax deductions.  

The  personal  scope  of  this  provision  is  also  wider  than  under  the  Charter  as  it  includes  housing 
assistance for everyone in need, not only for those who lack sufficient financial resources but equally 
those with special needs – due to their disabilities, family breakdown etc.  

As  regards  assisting  vulnerable  people  in  the  case  of  eviction,  the  Pillar  represents  a  significant 
reinforcement  of  the  right  to  housing  and  housing  security  in  particular.  Vulnerable  people  can 
include  both  at-risk  tenants  and  dispossessed owners  at  risk  of  eviction.  The  Principle  requires  the 
provision  of  assistance  and  protection,  such  as  affordable  legal  representation,  advocacy  and 
mediation; or protective measures, such as access to debt management schemes, to mitigate the risk 
of homelessness. At the same time, the principle is with due regard of the interests of landlords and 
in justified, lawful cases.  

Moreover,  the  Pillar  establishes  universal  access  to  adequate  shelters  for  everyone  in  a  homeless 
situation.  Adequate  housing  can  be  understood  in  terms  of  security  of  tenure,  affordability, 
habitability,  accessibility,  location  and  cultural  adequacy.  The  Principle  also  sets  the  bar  higher  by 
promoting the reintegration of homeless people into society, by means of enabling social services.  

137    Directive  2012/29/EU  of  the  European  Parliament  and  of  the  Council  of  25  October  2012  establishing  minimum 
standards  on  the  rights,  support  and  protection  of  victims  of  crime,  and  replacing  Council  Framework  Decision 
2001/220/JHA, OJ L 315, 14.11.2012, p. 57. 

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3. Implementation 

a) What Member States can do 

Member States are invited to adopt measures, in particular, national, regional or local housing, cash 
and  in-kind,  to  support  universal  and  rapid  access  to  shelter  for  people  in  all  kinds  of  emergency 
situations as well as to enhance the coverage and the capacity of enabling social services in order to 
give effect to the Principle. 

b) Recent and ongoing initiatives at EU level 

The  reform  of  social  housing,  the  accessibility  and  affordability  of  housing,  as  well  as  the 
effectiveness  of  housing  allowances  are  monitored  and  assessed  within  the  European  Semester 
process.  The  Open  Method  of  Coordination  in  the  Social  Protection  Committee  ensures  policy 
coordination and monitors the progress of the Member States.  

The implementation of the Principle will be supported by Union Funds, including the European Fund 
for Strategic Investments for social housing investments, the European Regional Development Fund 
for  housing  infrastructure,  the  European  Social  Fund  for  social  services  and  the  Fund  for  European 
Aid  for  the  Most  Deprived  for  food  assistance  to  homeless  persons.  The  European  Union  also 
supports financially a number of civil society organisations active in the promotion of social inclusion 
and poverty reduction, including organisations working on homelessness. 

EN 

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Access to essential services 

Everyone  has  the  right  to  access  essential  services  of  good  quality,  including  water,  sanitation, 
energy,  transport,  financial  services  and  digital  communications.  Support  for  access  to  such 
services shall be available for those in need.  

1. The Union acquis 

a) The Charter of Fundamental Rights of the European Union 

Article  36  of  the  Charter  provides  that  the  Union  recognises  and  respects  access  to  services  of 
general  economic  interest  as  provided  for  in  national  law  and  practices,  in  accordance  with  the 
Treaty  on  the  Functioning  of  the  European  Union,  in  order  to  promote  the  social  and  territorial 
cohesion of the Union.  

b) The legislative powers and their limits 

In accordance with Article 151 of the Treaty on the Functioning of the European Union (TFEU), one of 
the key objectives of the Union and its Member States is to ensure proper social protection and to 
fight  exclusion.  Article  14  TFEU  provides  that  the  Union  and  its  Member  States,  each  within  their 
respective  powers  and  within  the  scope  of  application  of  the  Treaty,  shall  ensure  that  services  of 
general  economic  interest  fulfil  their  mission.  Protocol  26  recognises  the  essential  role  and  wide 
discretion of national, regional and local authorities in providing, commissioning and organising these 
services and their diversity within the Union. Equally, this Protocol highlights that values of quality, 
safety and affordability, equal treatment, universal access and users' rights are shared values of the 
Union in respect of services of general economic interest. Declaration 22 annexed  to the Treaty of 
Amsterdam states that in drawing up measures under Article 114 TFEU, the institutions of the Union 
are  to  take  into  account  the  needs  of  persons  with  disabilities.  Article  106  TFEU  lays  down  that 
undertakings entrusted with the operation of services of general economic interest are subject to the 
rules  contained in the Treaty,  in  particular  the rules  on  competition,  in so  far as  the application  of 
such  rules  does  not  obstruct  the  performance,  in  law  or  in  fact,  of  the  particular  tasks  assigned  to 
them.  

c) Existing measures  

In  its  Quality  Framework,138  the  Commission  has  already  generally  recognised  the  importance  of 
services  of  general  economic  interest  as  a  cornerstone  of  the  European  social  model  and  its 
commitment  to  ensure  access  for  all  citizens  to  essential  services.  In  view  of  clarifying  the  legal 
setting  for  the  provision  of  such  services,  both  state  aid  and  public  procurement  (concession) 
legislation has been simplified and clarified for the benefits of public authorities and end-users. The 

138 A Quality Framework for Services of General Interest in Europe COM(2011) 900 final. 

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new  sets  of  rules  have  provided  more  legal  certainty  and  simplification  to  public  authorities  and 
undertakings.139 

The  sectorial  legislation  adopted  at  Union  level  has  always  carefully  taken  account  of  the  need  to 
increase competition and the use of market mechanisms as well as the need to guarantee that every 
citizen  continues  to  have access  to  essential  services  of  high  quality  at  prices  that  they  can  afford. 
This has been the case, for instance, in the network industries from telecommunications to transport.  
In  the  electronic  communications  field  for  example,  Directive  22/2002  of  the  European  Parliament 
and  of  the  Council  140  (Universal  Service  Directive)  ensures  that  the  liberalisation  of  services  and 
increased  competition  is  accompanied  by  a  regulatory  framework  which  secures  the  delivery  of  a 
defined minimum set of services to all end-users at an affordable price.  

In  the  field  of  rail  transport,  Commission  Regulation  (EU)  1307/2007141  defines  how  competent 
authorities  may  act  to  guarantee  provision  of  services  of  general  interest  which  are  among  other 
things  more  numerous,  safer,  of  a  higher  quality  or  provided at  lower  cost than  those that  market 
forces alone would have allowed. Regulation (EU) 2338/2016 of the European Parliament and of the 
Council on the opening of the market for domestic passenger transport services by rail142 (the Public 
Services  Obligations  (PSO)),  amends  the  previous  Regulation  on  public  services  contract  awards  in 
the area of transport by setting clearer rules on the specification of public services obligations and 
their  scope  of  application  as  well  as  a  new  framework  guaranteeing  that  railway  operators  will 
encounter  non-discriminatory  access  conditions  to  rail  rolling  stock  that  will  incentivise  them  to 
participate in tender procedures for a rail public service contract.  

In  the  energy  sector,  a  universal  service  obligation  is  included  in,  Directive  2009/72/EC  of  the 
European  Parliament  and  of  the  Council143  (the  Electricity  Directive)  which  clearly  states  that  the 
citizens of the Union and, where  Member States deem it appropriate, small enterprises, should be 
able  to  enjoy  public  service  obligations,  in  particular  with  regard  to  security  of  supply,  and 
transparent, non-discriminatory and reasonable prices.  

Union  water  policy  is  based on the principle  that  affordability  of  water  services  is  critical.  National 
authorities  are  competent  for  adopting/implementing  concrete  support  measures  safeguarding 
disadvantaged  people  and  tackling  water-poverty  issues  (through,  for  example,  measures  that 

139 http://ec.europa.eu/services_general_interest/index_en.htm 
140  Directive 2002/22/EC of  the  European Parliament and of  the  Council of  7 March  2002 on  universal service  and  users' 
rights relating to electronic communications networks and services (Universal Service Directive), OJ L 108, 24.4.2002, p. 51. 
141 Commission Regulation (EC) No 1307/2007 of 8 November 2007 establishing the standard import values for determining 
the entry price of certain fruit and vegetables, OJ L 291, 9.11.2007, p. 1 
142 Regulation (EU) 2016/2338 of the European Parliament and of the Council of 14 December 2016 amending Regulation 
(EC)  No  1370/2007  concerning  the  opening  of  the  market  for  domestic  passenger  transport  services  by  rail,  OJ  L  354, 
23.12.2016, p. 22. 
143 Directive 2009/72/EC of the European Parliament and of the Council of 13 July 2009 concerning common rules for the 
internal market in electricity and repealing Directive 2003/54/EC ,OJ L 211, 14.8.2009, p. 55. 

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provide  support  for  low-income  households  or  through  the  establishment  of  public  service 
obligations).144  

In  the  financial  sector,  Directive  2014/92  of  the  European  Parliament  and  of  the  Council145  allows 
consumers  in  Europe  to  open a  payment account with any  payment service  provider  in the Union, 
regardless  of  their  Member  State  of  residence.  Moreover,  consumers  are  entitled  to  access  to  a 
payment  account  with  basic  features  (which  include  withdrawals,  bank  transfers  and  a  debit  card) 
regardless of their Member State of residence or their personal financial situation.  

2. Scope and changes introduced by the European Pillar of Social Rights 

The  Pillar  sets  out  the  right  to  essential  services  and  lists  non-exhaustively  some  of  those  services 
which  are  of  outmost  importance in our  daily  lives.  Member  States  retain  competence in  defining, 
organising,  delivering  and  financing  such  services  at  national,  regional  or  local  level.  However,  the 
fact  that  essential  services  –  including  those  provided  across  borders  -    should  be  available  to  all 
reiterates  the  importance  that  the  Union  attributes  to  services  which  are  at  the  core  of  our  social 
model. In particular, the right to water and sanitation is especially important to Union citizens, who 
presented a citizens' initiative in this domain only recently. 

Some of these services are covered by universal service obligations by sectorial Union legislation to 
ensure that services of general economic interest are made available to all consumers and users in a 
Member  State  and  across  Member  States,  regardless  of  their  geographical  location,  at  a  specified 
quality  and,  taking  account  of  specific  national  circumstances,  at  an  affordable  price.    The  Pillar 
recognises the need to support the access to essential services for those in need. The accessibility of 
essential services in addition to availability and affordability, are essential to ensure equal access to 
all, and essential for persons with disabilities and older people. 

3. Implementation 

a) What Member States and Social Partners can do 

Member States retain competence in defining, organising, delivering and financing essential services 
at  national,  regional  or  local  level.  Given  that  the  Union  measures  embrace  the  principle  that 
essential services should be available to all, as the core of the European social model, Member States 
are invited to go beyond these rules in order to give effect to the Principle.   

144 The Drinking Water Directive (Directive 98/83/EC) concerns the quality of water intended for human consumption. Its 
objective is to protect human health from adverse effects of any contamination of water intended for human consumption 
by ensuring that it is wholesome and clean. 
145 Directive 2014/92 of the European Parliament and of the Council of 23 July 2014 on the comparability of fees related to 
payment accounts, payment account switching and access to payment accounts with basic features, OJ L 257 of 28.8.2014, 
p. 214. 

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Social  partners  may  collect  and  exchange  good  practices  across  the  Union.  At  national  level,  social 
partners may support the implementation of this Principle through their involvement in the design 
and implementation of relevant policies.  

b) Recent and ongoing initiatives at EU level 

In  the  field  of  electronic  communications  the  proposed  revision  of  the  Electronic  Communications 
Regulatory Framework146 would require Member States to ensure affordable access to all end-users 
to functional internet access and voice communications services. Where Member States find a lack of 
affordability,  they  may  require  undertakings  to  provide  affordable  tariff  options  and  a  "right  to 
contract" for end-users with low income or special social needs. The proposed Code also includes a 
provision  requiring  Member  States  to  ensure,  in  the  light  of  national  conditions,  that  appropriate 
measures are taken for end-users with disabilities, with a view to ensuring the affordability of their 
terminal equipment, specific equipment and specific services enhancing equivalent access.  

The  Clean  Energy  Package,  adopted  on  30  November  2016,  also  included  proposals  on  a  new 
electricity market design. The proposal on a recast of the Electricity Directive (Directive 2009/72/EC 
of the European Parliament and of the Council) did not amend the provisions related to the public 
service  obligations  in  the  electricity  sector,  but  strengthened  provisions  related  to  consumer 
empowerment  and  protection.  It  spelled  out  in  more  detail  the  rights  of  consumers  as  regards 
contracts,  the  possibilities  for  energy  communities  and  active  consumers,  and  the  entitlement  to 
smart  meters.  The  proposal  also  provides  for  more  detailed  provisions  on  the  protection  of 
vulnerable consumers and the obligation of Member States to define criteria for measuring energy 
poverty,  on  which  they  will  have  to  report  as  part  of  their  integrated  progress  reporting  on  the 
national energy and climate plans. Furthermore, the package sets out a new approach to protecting 
vulnerable  consumers,  which  also  includes  helping  Member  States  reduce  the  costs  of  energy  for 
consumers  by  supporting  energy  efficiency  investments.  Moreover,  in  line  with  its  efforts  to 
empower and protect consumers, the Commission proposes certain procedural safeguards before a 
consumer can be disconnected. The Commission is also setting up an Energy Poverty Observatory to 
provide better data on the problem and its solutions as well as to help Member States in their efforts 
to combat energy poverty.147 

Moreover  the  WiFi4EUproposal148  acknowledges  that  there  is  a  need  to  ensure  that  the  general 
public is encouraged to seize  the opportunities  that the digital transformation offers. The proposal 
will provide financial incentives in favour of local public authorities who want to provide free, high 
capacity local wireless connectivity through access points in the centres of local public life, whether 
within their premises or in outdoor spaces accessible to the general public. 

146  Proposal  for  a  Directive  of  the  European  Parliament  and  of  the  Council  establishing  the  European  Electronic 
Communications Code (Recast) (COM(2016)590).   
147 http://eur-lex.europa.eu/resource.html?uri=cellar:fa6ea15b-b7b0-11e6-9e3c-
01aa75ed71a1.0001.02/DOC_1&format=PDF 

148  Proposal  for  amending  Regulations  (EU)  No  1316/2013  and  (EU)  No  283/2014  as  regards  the  promotion  of  Internet 
connectivity in local communities COM (2016) 589. 

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In the field of water and sanitation, the Commission foresees in 2017 a revision of the Directive on 
drinking water 149 as a follow-up to the "Right2Water" European citizen's initiative.150 

The Commission continues to support negotiations for the adoption by the Union legislature of the 
proposed European Accessibility Act.151 The Act aims at ensuring accessibility of certain products and 
services in the internal market, including some essential services like electronic communication and 
audio-visual media services. 

149  Council  Directive  98/83/EC  of  3  November  1998  on  the  quality  of  water  intended  for  human  consumption,  OJ  L  330 
5.12.1998, p. 32.  
150 http://ec.europa.eu/citizens-initiative/public/welcome 
151 Proposal for a Directive of the European Parliament and of the Council on the approximation of the laws, regulations and 
administrative  provisions  of  the  Member  States  as  regards  the  accessibility  requirements  for  products  and  services  - 
COM/2015/0615 final - 2015/0278 (COD). 

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