Social Aspects of the Lisbon Treaty April/May 2008 Paul Ginnell, EAPN Ireland

Outline of Presentation  Brief Introduction  Background to the Treaty  The Lisbon Treaty and Key Social Aspects

1.Introduction  Date of Referendum – 12 st June 2008  Ireland the only Member State holding a referendum or public vote.  Aim of the Presentation- to provide information on the social aspects of the Treaty.  Recognising that many aspect of the Treaty impact on social outcomes in the EU

Main question to ask  Does the Lisbon Treaty strengthen or undermine the role of the EU in eradicating poverty and social exclusion and in promoting social rights?

2.Background  Since joining the EU in 1973 this is the 6 th time Irish people will vote on a European Treaty. Last two were both on the Nice Treaty  The ‘European Social Model’ EU does not currently have the competence to ‘interfere’ in Member States Social Policy Has competence in areas related to the workplace – Equal pay and Health and safety, anti-discrimination EU Poverty Programme and EU Structural Funds – to bring about greater social cohesion Coordination of employment (1998) and social inclusion (2000) policies under common objectives – Open Method of Coordination (OMC)

Balance or tension between Economic and social objectives? Overall Direction of EU Policy 1Using the regions wealth to strengthen social cohesion (addressing poverty, exclusion and inequality) and improve access to adequate services? or 2To build the region’s competitiveness in an increasingly globalised world.

The Treaty Process  The Convention on the Future of Europe drafted the European Constitution. Made up of reps. from EU national Governments and Parliaments, EU Institutions and Civil Society organisations  Stated overall aim is to bring the EU up to date  Rejected by French and Dutch electorates in social issues high among reasons given  Two year period of reflection involving quiet negotiations, followed by a negotiation process by Governments (Intergovernmental Conference)  Final agreement by the European Heads of State and the Parliament on the Lisbon (Reform) Treaty on 13 th December  All member states must adopt the Treaty before it can come into force on 1 st January 2009 – If NOT!

3.The Lisbon Treaty  An ‘amending treaty’ which amends the two main EU Treaties (Treaty on European Union (began with the Treaty of Rome 1957 and amended) and the Treaty on the Functioning of the European Union (created with Maastricht Treaty in 1993 and amended in Amsterdam and Nice)  Very difficult to follow.

Key Social Aspects  Values and Objectives of the EU  Social Clause  Democratic Principles and the ‘Citizen’s Initiative’  Charter of Fundamental Rights of the European Union  Asylum and Immigration  Article and Protocol on Services of General Interest (References used in slides are related to the Lisbon Treaty in the Official Journal of the EU and not those in the Institute of International and European Affairs consolidated version)

Values the EU  (Article 1a, p11) ‘The Union is founded on the values of respect for human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of persons belonging to minorities. These values are common to the member states in a society in which pluralism, non-discrimination, tolerance, justice, solidarity and equality between men and women prevail’.

Objectives of the EU  (Article 2, p11) Among it’s objectives it names that the EU ‘shall combat social exclusion and discrimination, and shall promote social justice and protection, equality between men and women, solidarity between generations and protection of the rights of the child’. In relation to the wider world it names free and fair trade, the eradication of poverty and protection of human rights and in particular the rights of the child. The eradication of poverty in the EU itself is not named.

Social Clause  (Article 5a, p49) ‘In defining and implementing its policies and activities, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health’  Very positive, to impact on all areas of EU policy and activity.  Strengthens the legal position for social and economic justice in the EU.  Could form a stronger basis for campaigns for and action from the EU on social policy and addressing social concerns.  However, the existence of the clause alone does not change policy and the possible implication of it are unknown. Up against strong existing economic and monetary articles based on an open market economy and free competition.  Article 5b makes combating discrimination on a range of grounds cross cutting for all EU policy

Democratic Principles and the ‘Citizen’s Initiative’  (Article 8-8c, p14) - Democratic Principles: ‘Every citizen shall have a right to participate in the democratic life of the Union. Decisions shall be taken as openly and closely as possible to the citizen.’ The institutions shall maintain an open, transparent and regular dialogue with representative associations and civil society.’ ‘not less than one million citizens who are national of a significant number of Member States may take the initiative on invitation the European Commission, within the framework of its powers, to submit any appropriate proposal on matters where citizens consider that a legal act of the Union is required for the purpose of implementing the Treaties.’  New and positive but actual ability to effect change is limited.  Positive example of disability lobby but failed attempt by Unions on Services  Also new role of National Parliaments to comment on Draft EU legislation (including detailed protocol)

Charter of Fundamental Rights of the European Union  The Charter was agreed by Member States in Dec 2000 and signed by all EU institutions on 12 th December 07. It will enter into force alone with the Treaty, if ratified by all Member States, on 1 st Jan. 09  Charter contains economic, political and civil, and social human rights.  (Article 6, p13) The Charter ’shall have the same legal value as the Treaties’ ‘shall not extend in any way the competencies of the Union as defined in the Treaties’  2 Protocol: states it is legally binding and that it relates to EU law and does not extend EU law. Polish and UK opt out.

Charter contd.  It incorporates existing rights enshrined in the European Convention on Human Rights and other Council of Europe, UN and International Labour Organisation instruments. It also contains rights that have evolved over time e.g. via judgments of the European Court of Justice (ECJ).  As such it does not create any new rights but makes them more visible.  There are limitations on the applicability of the Charter which only applies to areas involving the application of EU law.  It will take time to assess the potential of the Charter to establish any additional rights or protections. This will be seen through future cases taken in the ECJ.

Asylum and Immigration  (Articles 62-63b, p60-62) Address a common EU policy on border checks, asylum and immigration with the aim strengthening external and removing internal border checks – Linked to Schengen Acquis (Agreement between all EU members apart from Ireland and UK due to Common Travel Agreement between the two) -Common approach to visas and short stay permits etc, efficient management of migration flow, fair treatment of third-Country (non-EU/EEA) nationals residing legally in Member States, preventing and combating illegal immigration and trafficking of human beings. Also possible incentives and support for action of States to promoting the integration of legally resident third country national.

Asylum and Immigration contd. -A common procedure for the granting and withdrawing of uniform asylum or subsidiary protection status (e.g. nationals of a specific country). -States that asylum policy will be developed in accordance with the UN Geneva Convention  Uncertainty as to how the Articles will be implemented e.g. re. undocumented migrants, those seeking asylum and repatriation.  Protocol on Asylum for national of EU States - States that EU Member States should be regarded as ‘safe countries of origin’.

Services of General (Economic) Interest  SGI cover a range of services including education, health, housing, social and services, water and waste management, transport etc.  SGEI covers those services where there may be a market. No clear definition the main ones are energy, gas and telecommunications but can cover any of the services above where there is considered to be a market or profit to be made.  SGEI are subject to EU competition and internal market rules. SGI do not come under EU competence.  The European Court of Justice decides on a case by case basis what is a SGI or a SGEI.

SGEI (contd)  (Article 16, p50) On Services of General Economic Interest this article amends the existing article 16 and states that Member States shall take care that such services operate on the basis of principles ‘and conditions, particularly economic and financial conditions, which enable them to fulfill their missions’ A new sentence is also added that states that the European Parliament and the Council acting by means of regulations ‘..shall establish these principles and set these conditions without prejudice to the competence of Member States..to provide, to commission and to fund such services..”

SGEI (contd)  Protocol: Shared values of the EU for SGEI. Essential role and wide discretion, diversity of services and differences in needs and preferences, high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights. – Treaties do not effect MSs provision, commissioning or organisation of Non Economic SGI.  Competition Rules: under existing Article 106 (TFEU) - SGEI are subject to rules on competition, but this should not prevent the services from delivering their objectives  Articles of the Charter also address a range of services and SGEI.

SGEI (contd) Comments  Overall the changes should be positive as they appear that while SGEI are subject to competitiveness and internal market rules, it is a priority that they achieve their goals.  Possible stronger role for EU in establishing principles  still concerns that the overall aim is to privatise and reduce their access and affordability.

Conclusion  positive potential to bring about a fairer and more socially just EU  depends on their implemented by EU institutions, including the European Council (Heads of Member States)  overall direction of the EU - greater emphasis on competitiveness over the social elements  Window dressing or real potential?  Debate in Ireland

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