CELEX: 51991PC0161
Language: en
Date: 1991-05-13
Title: DRAFT RECOMMENDATION BY THE COUNCIL ON COMMON CRITERIA CONCERNING SUFFICIENT RESOURCES AND SOCIAL ASSISTANCE IN THE SOCIAL PROTECTION SYSTEMS

22. 6. 91                             Official Journal of the European Communities                               No C 163/3
                                                               II
                                                       (Preparatory Acts)
                                                 COMMISSION
                                            Draft recommendation by the Council
              Recommendation on common criteria concerning sufficient resources and social assistance in the
                                                   social protection systems
                                                        (91/C 163/03)
                                                      COM(91) 161 final
                                      (Submitted by the Commission on 13 May 1991)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            requires to link to the various forms of immediate
                                                                    assistance needed measures aiming expressly at the
                                                                    economic and social integration of the people concerned;
 Having regard to the Treaty establishing the European
 Economic Community, and in particular Article 235
 thereof,                                                           Whereas insufficient, irregular and uncertain resources
                                                                    do not allow people in this predicament to play an
                                                                    adequate part in the economic and social life of the
 Having regard to the draft recommendation submitted                society in which they live nor to successfully integrate
by the Commission,                                                  economically and socially, and a right to sufficient,
                                                                    stable and reliable resources should be recognized to
                                                                    those least favoured as part of a comprehensive set of
Having regard       to   the  opinion   of   the  European          provisions for supporting their integration;
Parliament,
                                                                   Whereas the Council and the Ministers for Social Affairs
Having regard to the opinion of the Economic and                   meeting within the Council of 29 September 1989
Social Committee,                                                   adopted a resolution on combating social exclusion ('),
                                                                   stressing that it should be considered an important part
                                                                   of the social dimension of the single market;
Whereas reinforcing social cohesion within the
Community requires the encouragement of solidarity
with regard to the least favoured and most vulnerable              Whereas the Community Charter of the Fundamental
citizens;                                                          Social Rights of Workers solemnly recognized in its
                                                                   preamble and in its Articles 10 and 25 the necessity of
                                                                   combating social exclusion and, to this end, of guaran-
Whereas social exclusion processes and risks of poverty            teeing sufficient resources and benefits;
have become more prevalent and more diversified over
the last 10 years due primarly to a combination of devel-
opments in the labour market with, in particular, growth           Whereas the Commission has included this fundamental
in long-term unemployment, and in family structures                aspect of the fight against social exclusion in its action
with, in particular, growth in social isolation;                   programme relating to the implementation of the
                                                                   Community Charter of the Fundamental Social Rights of
                                                                   Workers, and stressing the value of a Community
Whereas there is a need for general development                    initiative, in a spirit of solidarity, to assist the least
policies, which can contribute towards halting the stated          advantaged citizens of the Community and the elderly in
structural trends, to be accompanied by integration                particular, whose social situation all too often resembles
policies of a specific, systematic and coherent nature;            that of persons excluded from the labour market;
Whereas as a result, social policies efforts and outcomes
need to be pursued and these policies adapted to the
multi-dimensional nature of social exclusion, which                (') OJ No C 277, 31. 10. 1989.
 ---pagebreak---  No C 163/4                            Official Journal of the European Communities                                   22. 6. 91
Whereas the implementation of a guarantee of benefits                   fulfilled and on the understanding that, in
 and resources in the social protection systems should                  practice, the right may be granted for limited but
 take account of the diversity of the organizational and                renewable periods;
 financial structures of these systems and should be
 considered in conjunction with the strategy for the
 convergence of social protection policies laid down in
 the abovementioned action programme and promoted by                5. This form of assistance is to be a complementary
 the Social Affairs Council of 29 September 1989;                       measure of general social protection;
Whereas the European Parliament declared in favour of               6. It is to be accompanied by policies necessary for
 introducing a guaranteed minimum income as a means of                  economic and social integration of those
 integrating the poorest citizens in the Member States (');             concerned, and in particular for their automatic
                                                                        access to health protection and for their access to
                                                                        rights, services or benefits, particularly with regard
Whereas the Economic and Social Committee has also
                                                                       to housing and training;
 recommended the introduction of a minimum social
 income to act as both a safety net for the poor and a
 means for their reintegration into society ( 2 );
                                                                 C. organize the implementation of this right according
                                                                    to the following practical orientations:
Whereas the Treaty only provides for the powers laid
down in Article 235 for the attainment of objectives,
                                                                    1. — Fixing the amount of resources considered
 RECOMMENDS THAT THE MEMBER STATES:                                         sufficient to cover essential needs beyond
                                                                            subsistence levels, according to living standards
                                                                            and price levels in the Member State
A. recognize the individual basic right to a guarantee of                   concerned, for different types and sizes of
     sufficient benefits and resources as part of a compre-                 household,
     hensive and systematic drive to combat social
     exclusion, and adapt their social protection systems,             — fixing here the necessary supplementary
     as necessary, according to the following principles                    assistance required to meet specific needs; in
     and orientations;                                                      order to fix these amounts referring to appro-
                                                                            priate indicators, in particular           average
                                                                            disposable income in the Member State, stat-
                                                                            istical data on household consumption or the
B. recognize this right according to the           following
                                                                            legal minimum wage if this exists,
     general principles:
                                                                       — establishing arrangements for periodic revision
     1. It is to be an individual basic right, based on                     of these amounts, based on these indicators, in
        needs;                                                              order that needs continue to be covered.
                                                                    2. Granting to people whose resources, taken at the
     2. It is to be extended to all persons residing, in               level of the individual or the household, are lower
        accordance with the national and Community                     that the amount thus fixed increased if necessary
        provisions in these matters, within the territory of           by the appropriate supplementary assistance
        the Member State;                                              required, differential financial aid to bring them
                                                                       up to the amount.
     3. Every person who does not have access to
        resources equal to or higher than a specified
        amount is to have access to the right, subject to           3. Taking the required measures properly to avoid
        active availability for work in the case of those              that the impact of the financial support granted
        who have reached the age of civil majority and                 could be limited by the implementation of the
        whose age, health and family situations permit                 regulations in force in the areas of taxation, civil
        professional activity;                                         obligation and social security.
    4. Access is not to be subject to time limits, assuming
                                                                    4. Taking all measures required to offer the
        that the conditions governing access remain
                                                                       concerned persons appropriate social support,
                                                                       comprising measures such as, in particular,
(') O] No C 262, 10. 10. 1988.                                         reception and counselling, information and legal
O OJ No C 221, 28. 8. 1989.                                            aid.
 ---pagebreak--- 22. 6. 91                              Official Journal of the European Communities                             No C 163/5
    5. Adopting arrangements towards the taking up or            F. take appropriate measures to collect information
       furthering employment or participation in training             systematically on the effectiveness of arrangements
       courses to prepare for entering or re-entering                 for access to these measures for people in difficulty,
       employment of persons whose age and conditions                 and for conducting a methodical evaluation of their
       makes them available for work.                                 implementation and impact,
    6. Taking the required measures properly to inform
       the most deprived of this right and simplifying as
       far as possible the administrative procedures and         AND THEREFORE ASKS THE COMMISSION:
       arrangements for examining means and situations
       involved in claiming this right; organizing an
       efficient simple fast and free appeals machinery           1. to encourage and organize, in cooperation with the
       using independent third parties such as tribunals;            Member States, the systematic exchange of infor-
                                                                     mation and experiences and the continued evaluation
D. guaranteeing this form of financial support within the            of the national provisions adopted;
    framework of assistance arrangements of social
    protection; the methods to be used, the cost to be
    borne, the administration and the implementation to          2. to submit to the Council, the European Parliament
    be organized in accordance with national legislation             and the Economic and Social Committee within three
    and practice;                                                    years following the adoption of this recommendation
                                                                     and, afterwards, periodically, a report based on infor-
E. implement the measures laid down in this recommen-                mation supplied by the Member States describing the
    dation progressively, possibly divided according to              progress achieved and obstacles encountered during
    age groups, within five years following its adoption;            its implementation.