MIME-Version: 1.0 Content-Location: file:///C:/5C634A98/ARTICLE138.htm Content-Transfer-Encoding: quoted-printable Content-Type: text/html; charset="us-ascii" [ARTICLE 138]

SINGLE MARKET:

COMMISSION WILL CONTINUE TO PROMOTE CONSULTATION

WITH LABOUR AND MANAGEMENT TO DECIDE SOCIAL POLICY=

 [ARTICLE 138]

 

 

AMENDMENT TO: Treaty of Lisbon amending the Treaty on European Union and t= he Treaty establishing the European Community (Lisbon, 13 December 2007)<= /span>

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Policy Area:

Treaty= on the Functioning of the European Union, Part Three Policies and Internal Act= ions of the Union, Title IX Social Policy, Ar= ticle 138

 

Amendment:<= /o:p>

Clause  2,&n= bsp; page  1,  line  12,  after ‘excluding’, insert— 

 

‘(i) Article 2, paragraphs 114 to 122, inserted Article 136a TEC (TFEU) relating to social partners, and amendments to Articles 137 to 140, 143 and 148 TEC (TFEU) relating to social policy; and

 

(ii)’.

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Lisb= on Treaty: =

“117) In Article 138(4), first sentence, the words "On the occasion of such consultation," shall be replaced by &quo= t;On the occasion of the consultation referred to in paragraphs 2 and 3," a= nd, in the second sentence, the words "the procedure" shall be replac= ed by "this process".”

 

Consolidated Treaty Article(s):

“Article 138=

1. The Commission shall have the task of promoting the consultation of management and labour at Commun= ity level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.

2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Community action.

3. If, after such consultation, the Commission considers Community action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation.

4. On the occasion of such consultation, management and = labour may inform the Commission of their wish to ini= tiate the process provided for in Article 139. The duration of the procedure shall not exceed nine months, unless the management and labo= ur concerned and the Commission decide jointly to extend it.”=

 

Expl= anation:

Article 138 TEC (TFEU) provides for the consultation of social partner organisations at European level on several issues concerning employment and social affairs. There are no substantial amendments to this provision.