Incorporation of the Social Policy Agreement
Incorporation of the Social Policy Agreement : The Treaty of Maastricht (1992) had taken social policy one step forward with the adoption of the Protocol on Social Policy, signed by the 12 countries that were Member States at the time and annexed to the Treaty on European Union, noting that 11 Member States (all except the United Kingdom) wished to continue to make significant progress in this field. The Protocol authorized them, by means of an Agreement on social policy, "to have recourse to the institutions, procedures and mechanisms of the Treaty for the purposes of taking among themselves and applying as far as they are concerned the acts and decisions required for giving effect to the above mentioned Agreement". However, it was not very satisfactory to have two legal bases for social policy. The Treaty of Amsterdam (1993) restored unity and coherence to social policy by incorporating into the Treaty establishing the European Community (TEC) the Agreement referred to above (See: Articles 136 to 145; new Articles III-103 to 112). Article 136, TEC, confirms that social policy falls under the joint responsibility of the European Community and the Member States. The objectives of social policy are set out, following the example of the European Social Charter signed at Turin on 18 October 1961 (amended in 1996) and of the Community Charter of the Fundamental Social Rights of Workers of 1989. These objectives are the promotion of employment, improved living and working conditions, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion (formerly Article 1 of the Agreement). Article 137, TEC (ex-Article 2 of the Agreement) provides that the Council may first of all, by adopting directives by qualified majority in co- decision with Parliament and after consulting the Economic and Social Committee and the Committee of the Regions, act or reinforce its action in the following areas: (1) workers' health and safety; (2) working conditions; (3) the integration of persons excluded from the labour market; (4) the information and consultation of workers; (5) equality between men and women with regard to labour market opportunities and treatment at work. Under the same procedure, the Council may also adopt measures designed to encourage the combating of social exclusion. However, unanimity in the Council remains the norm in the following areas: (1) social security and social protection of workers; (2) protection of workers where their employment contract is terminated; (3) representation and collective defence of the interests of workers and employers, including co-determination subject to paragraph 6; (4) conditions of employment for third-country nationals legally residing in Community territory; (5) financial contributions for promotion of employment and job creation. As for pay, the right of association, the right to strike and the right to impose lockouts, they are still excluded from Community competence (paragraph 6). The Treaty of Amsterdam confirms the recognition, already introduced by the Single Act, of the key role of the social partners. This recognition takes effect at two levels: at national level, since Member States may entrust management and labour with the implementation of the aforementioned directives (Article 137.4 TEC); at Community level, since the Commission has the task of promoting the consultation of management and labour and taking relevant measures to facilitate their dialogue by ensuring balanced support for the parties (Article 138.1, ex Article 3.1 of the Agreement). See: Social Policy Agreement; Social Policy Protocol
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