SINGLE MARKET:
COMMISSION ATTEMPTS HARMONISATION OF
EMPLOYMENT AND LABOUR LAWS
THROUGH ESTABLISHMENT OF NEW GUIDELINES
[ARTICLE 140]
|
AMENDMENT TO: Treaty of |
Policy Area:
Treaty=
on
the Functioning of the European Union, Part Three Policies and Internal Act=
ions
of the
Amendment:
Clause 2, page 1=
, line 12, after
‘excluding’, insert—
‘(i) Article 2, paragraphs 114 to 122, inse=
rted
Article 136a TEC (TFEU) relating to social partners, and amendments to Arti=
cles
137 to 140, 143 and 148 TEC (TFEU) relating to social policy; and
(ii)’.
119) In Article 140, the following words shall be added =
at
the end of the second subparagraph: ", in particular initiatives aimin=
g at
the establishment of guidelines and indicators, the organization of exchang=
e of
best practice, and the preparation of the necessary elements for periodic m=
onitoring
and evaluation. The European Parliament shall be kept fully informed."=
Consolidated Treaty Article(s):
“Article 140
With a view to achieving the
objectives of Article 136 and without prejudice to the other
provisions of this Treaty, the
Commission shall encourage cooperation between the Member States and facili=
tate
the coordination of their action in all social policy fields under this
Chapter, particularly in matters relating to:
— employment,
— labour law and working
conditions,
— basic and advanced
vocational training,
— social security,
— prevention of
occupational accidents and diseases,
— occupational hygiene,=
— the right of associat=
ion
and collective bargaining between employers and workers.
To this end, the Commission s=
hall
act in close contact with Member States by making studies, delivering opini=
ons
and arranging consultations both on problems arising at national level and =
on
those of concern to international organisations.
Before delivering the opinions provided for in this Arti=
cle,
the Commission shall consult the Economic and Social Committee.”
Article 140 provides that the Commission “=
sha=
ll
encourage cooperation between the Member States and facilitate the coordina=
tion
of their action in all social policy fields under this Chapter, particularl=
y in
matters relating to, employment, labour law and working conditions, basic a=
nd
advanced vocational training, social security, prevention of occupational
accidents and diseases, occupational hygiene, the right of association and =
collective
bargaining between employers and workers.” Article 137 clarifies the
activities pursued by the Commission to ensure cooperation and coordination=
of
the Member States action in social policy, such as studies, delivering opin=
ions
and arranging consultations.
The Lisbon Treaty adds=
to
this list of “initiatives aiming at the establishment of guidelines a=
nd
indicators, the organization of exchange of best practice, and the preparat=
ion
of the necessary elements for periodic monitoring and evaluation.” Th=
is
provision will increase the Commission’s interference on Member States
employment and social policies. Commission's action takes the form =
of
initiatives particular to the open method of coordination (intergovernmental method in which the Member States are evaluated by
one another as a means to help Member States develop their
policies. It involves agreeing guidelines and timetables for short- medium-=
and
long-term goals, establishing quantitative and qualitative performance
indicators and benchmarks, translating the European guidelines into national
and regional policies and monitoring and evaluating the results).
It should be noted that
the majority of the above-mentioned areas are already fully governed by EU
legislation. However, the Lisbon Treaty specifically provides of the
requirement of the European Parliament to “be kept fully informed&quo=
t;
of the Commission activities. Article 137 TEC also provides for the Commiss=
ion
consult the Economic and Social Committee before
delivering the opinions provided for in this Article.
It is wrongly implied that the Commission will me=
rely
act within the best interests of the Member States, under the Lisbon Treaty=
, since
in reality, the Commission will dictate the conditions of Member States
harmonising on all areas of social policy (on employment, labour law, working conditions, social security, preven=
tion
of occupational accidents and diseases, occupational hygiene, the right of
association and collective bargaining between employers and workers),
through the establishment of new guidelines, organising of exchange of best
practice around a federalist Union model, and the watchful periodic monitor=
ing
and evaluation of Member State activities on all areas of social policy.