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BackThe employees’ side regarded the Commission’s Communication on the Pillar of Social Rights on 26 April to a large extent as disappointing. This delusion is easy to understand: after all, Commission President Juncker announced at the start of his term in office that the social dimension would be one of his ten priorities; since then, the Commission has fuelled these expectations time and again. The striven for “AAA Rating” with regard to social rights in the EU, aimed by the Commission in its Communication, however, has not been achieved.
An analysis by AK Vienna shows the problematic nature of the present recommendation, which is mainly a list of already existing rights at EU level and under international law. Furthermore, there are legally non-binding principles, which the Member States – or more precisely the Euro-States – shall adhere to. However, many principles have been so generally worded that they allow plenty of room for interpretation. Concrete measurable objectives and legally binding measures to achieve them are missing.
In addition, it is possible to interpret some formulations as degradation: for example, unemployment benefits shall not constitute a disincentive for a quick return to employment. However, it is definitely possible to interpret this line as ensuring that insurance benefits for the unemployed should not be too high.
In contrast to the draft of the Social Pillar, which the Commission presented last year for consultation and based on which the AK Wien prepared a comprehensive Position Paper, the Communication does not mention any coupling of the state pension age to life expectancy. However, this proposal continues to be included in the Reflection Paper, which is also part of the Social Pillar. What is not included in the Communication is a Social Progress Protocol, which would clarify that neither the economic freedoms of the Single Market nor the rules of competition would get priority over fundamental social rights.
Last week, the Commissioners Valdis Dombrovskis and Marianne Thyssen answered questions by MEPs in the European Parliament's Committee on Employment and Social Affairs (EMPL). In doing so, they pointed out that a Consultation of the social partners on accessing social protection and provisions for employment contracts will take place. Apart from that, a public consultation on accessing social protection for people in all kinds of employment will be carried out. They announced at the same time, that the Commission would definitely become involved if the social partners were unable to agree on a common proposal. Apart from that, Commissioner Thyssen reiterated that any indexing of family benefits would not be an option for the Commission.
For its part, the European Parliament has made its position for a strong Social Pillar very clear: in the report by Maria Joao Rodrigues on the European Pillar of Social Rights, which the European Parliament already adopted in January, the European Parliament asks the Commission to define binding social standards. Explicitly mentioned is the placement of jobs via digital platforms, for which minimum standards have to apply and for which protection by social and health insurance has to be ensured.
The European Parliament is also able to take a major influence on the improvement of the Social Pillar: the verbatim version of Communication on the Social Pillar has been presented as a joint proclamation of Parliament, Commission and Council. Based on this proclamation and concrete proposals – as available as Draft Directive on the work-life balance and public consultations on accessing social protection and provisions for employment contracts – the Social Pillar can and must be filled with contents. This implies an effective fight against inequalities within Europe, which is also understood as an independent target and as a growth engine. Otherwise, all that remains of big announcements will be a shell.
Further links:
AK EUROPA: The European Pillar of Social Rights: social commitment as a means to an end?