Seán Crowe
Question:104 Mr. Crowe asked the Minister for Social and Family Affairs her views on the social Europe aspects of the draft EU Constitution. [24342/03]
Written Answers. - EU Constitution.
The draft EU constitutional treaty sets out in a clear and readable text the proposed rules which would govern the Union in the future. The draft will now be subject to debate and discussion with a view to repealing all of the previous treaties of the EU and consolidating them into the proposed single constitutional treaty.
Article 3 of the draft treaty sets out the Union's objectives, and paragraph 3 includes specific references to combating social exclusion and promoting social and economic cohesion. These are the goals which we have already been working towards, particularly through the open method of co-ordination of policies at EU level.
Article 4 guarantees free movement of persons, goods and services within the EU. Article 13(2) provides that the Union will share competence with the member states in the area of social policy – for aspects defined in Part III.
Article III-21 requires the Council of Ministers to adopt measures necessary to provide freedom of movement of workers and their families within the Union. To this end, the Council is required to make arrangements to secure the aggregation of entitlements to, and payment of, social security benefits. This article replaces similar provisions set out in Article 42 of the current treaty. However, a move from unanimity to qualified majority voting is proposed for decisions by the Council under this article. Ireland is not in favour of this change as such decisions may have serious financial consequences for individual member states.
The articles relating to social policy are contained in Part III, section 2, of the draft treaty, that is, Articles III-103 to III-115 inclusive.
Article III-103 sets out the objectives of the Union and member states in regard to social policy and corresponds to Article 136 of the current treaty. The objectives set out include proper social protection, dialogue between the social partners and the combating of exclusion.
Article III-104 lists the fields in which the Union shall support and complement the activities of the member states. These include: social security and social protection of workers; the combating of social exclusion; and the modernisation of social protection systems.
The article also provides that European laws or framework laws may establish measures designed to encourage co-operation between member states, for example, through initiatives aimed at improving knowledge and developing exchanges of information. Such laws shall not affect the right of member states to define the fundamental principles of their social security systems and must not significantly affect the financial equilibrium thereof. This article contains provisions similar to those in Article 137 of the current Treaty.
Articles III-105 and III-106 provide that the Commission shall promote consultation of the social partners at Union level and that before submitting proposals in the social policy field, the Commission shall consult the social partners on the possible direction of Union action. If the social partners so desire, the dialogue between them may lead to contractual relations including agreements. These articles correspond to the existing Articles 138 and 139.
Article III-107 corresponds to Article 140 of the current treaty in that it provides that the Commission shall encourage co-operation between the member states and facilitate the co-ordination of their action in particular matters, including those relating to social security.
Article III-110 obliges the Commission to produce an annual report on progress in achieving the objectives set out in Article III-103. Article III-111 provides for the establishment of the social protection committee and sets out its functions. These articles correspond to Articles 143 and 144, respectively, of the current treaty.
Article III-112 obliges the Commission to include a separate chapter on social developments within the Union in its annual report to the European Parliament and mirrors the current Article 145.
Articles III-113, III-114 and III-115 relate to the European Social Fund and repeat the provisions already contained in the existing Articles 146, 147 and 148.
I welcome the strong provision made in the draft constitution on social issues in relation to values, objectives and competence at EU level. Member states do wish, however, to largely retain competence for social policy at national level. This is due to the resources involved and the differing priorities they may have in the social sphere given their values, traditions, culture, social problems and level of economic development.