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Social policy

Dockers demonstrating in Brussels (Photo: EUobserver.com)

General term relating to social and employment chapters (employment, labour law, working conditions, social and occupational security).

The Community has the objective of promoting employment, improving working conditions and social protection, supporting social dialogue and combating exclusion. The EU may support and complement member states’ activities.

The idea is to establish common minimum social standards in order to avoid social dumping. The counter argument is that social standards that are too high may undermine employment in the poorer EU countries.

Decisions in these areas are taken by unanimity or by qualified majority voting. For collective bargaining by workers and employers at national level, the EU can only encourage co-operation and co-ordinate actions of the Member States. The co-ordination of social exclusion and old-age pension's policies may be subject to the open co-ordination method.

The EU Court has established that strikes cannot hinder the free movement of goods across borders. See Strikes

Future

Freedom of association, strikes and lock-outs are not subject to any Community powers ('competences'), but are protected by the Social Charter from 1961, the 1989 Community Charter and the Charter of the Fundamental Rights of the EU. The latter is declared leaglly binding by the Lisbon Treaty. The Lisbon Treaty proposes that part of social policy and health become shared competences - EU law would therefore suppress member states' existing legislation and right to legislate in this area (Art. 4 TFU)..

Links

See also open co-ordination method and Strikes.

European social affairs and equal opportunities: http://ec.europa.eu/employment_social/index_en.html