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Social policy

Dockers demonstrating in Brussels (Photo: EUobserver.com)

Social policy

The Lisbon Treaty has parts of social policy and health as shared competences. This means that legislation in the EU makes parallel legislation in the member states illegal. See Article 4 TFEU. 

Social policy has a full title in the treaty Arts. 151-164 TFEU. 

Social rights are also included in the Charter of Fundamental Rights, which has become legally binding by Article 6 TEU. 

In EU language "social" also relates to employment policy, working conditions and labour law.

The Community has the objective of promoting employment, improving working conditions and social protection, supporting social dialogue and combating exclusion. 

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. See the most important Article 153 TEU in the Lisbon Treaty.

There must be qualified majority voting in the Council of Ministers as part of the ordinary legislative procedure for:

 a. working environment, workers health and safety

 b. working conditions

 h. integration of persons excluded from the labour market

 i. equality between men and women

 j. combating social exclusion

 k. modernisation of social protection systems

There must be unanimity in the Council of Ministers for

 c. social security and social protection of workers

 d. protection of workers where their contracts are ended

 e. information and consultation of workers

 f. representation and collective defence of workers and employers rights, including co-determination

 g. conditions of employment for third country nationals

Article 155 TFEU promotes collective agreements at EU level.

Article 160 TFEU establish a Social Protection Committee.

Article 162 TFEU is the basis for the European Social Fund, ESF

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

See Strikes

HISTORY 

Freedom of association, strikes and lock-outs were not subject to any Community competences. The core rights were protected by the Social Charter from 1961, the 1989 Community Charter and the Charter of the Fundamental Rights of the EU. 

The latter has become legally binding by the Lisbon Treaty Article 6 TEU, and the Charter has primacy over national constitutions according to ther Melloni-case from 2013.

Links

See also open co-ordination method and Strikes.

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

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