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EP 3 – Enhancing EU social policies (submitted by the outgoing EB)

The Congress of JEF-Europe

Being aware of the fact that European economic integration has irreversible spill-over effects on the realm of national social policies through the Broad Guidelines for the Economic Policy (BEPG’s), the Stability and Growth Pact, i.e. fiscal rules related to the functioning of European Monetary Union (EMU), the open method of coordination (OMC) as well as through European Court of Justice rulings, of which an increasingly important number deal with social policy issues,

Bearing in mind that the OMC is de jure and de facto excluded from any parliamentary (national, local and European) oversight and thus is an undemocratic way of governing issues,

Is deeply concerned of the fact that social and welfare policy decision-making has moved more and more out of parliamentary control and that the social policy sector has ended up in an asymmetrical relationship with economic and financial policies due to the different legal status of these two policy areas, i.e. social policies governed with soft methods and economic policies with hard legal instruments,

Noting further that social and welfare policies are closely intertwined with the aim of freedom of movement and thus inextricably linked to the core aims and values of EU,

Fearing that the common market encourages decreasing welfare provision as the members states compete for comparative advantages, and further that the well-functioning of the common market is endangered by this asymmetry in social welfare,

Convinced that a flexible and solid social welfare policy in EU is one of the main factors in consolidating the competitiveness of the EU by providing companies and the society as a whole with a well-qualified, sustainably renewed workforce that is productive and innovative,

Takes into account the risk that after giving up control over their monetary policies and thus the devaluation tool to regain their international competitiveness – the competition among European states against each other by dropping their non-wage costs might jeopardise social protection,

While acknowledging the importance of the principle of subsidiarity as a cornerstone of a federal system but at the same time observing the resulting subsidiarity-paradox; i.e. the diminishing democratic control over social policy choices,

Drawing attention to the fact that with an ideologically-motivated fixation to the subsidiarity-principle (a certain pre-defined decentralised division of competences) in the social policy decision-making the Member States diminish their own political choices in the social policy sphere. By keeping crucial social policies solely in their national competence they equally deprive their citizens of decision-making power over political questions which touch the daily lives of all Europeans,

Further pointing out with concern the resulting democratic deficit, as the preferences of citizens cannot be effectively channelled to the formation of widely acceptable welfare policies neither at EU nor at the national level,

Believing that the removal of social disparities between the less economically developed Member States is vital for the creation of a socially fair and united Europe and for economic growth and prosperity of Europe as a whole,

Acknowledging that European countries are facing very similar social problems regardless of their differing social security systems and wealth levels and that the  EU can bring added value in order to further the well-being of European citizens by finding common solutions to these problems, while not preventing member states to provide a more extensive social protection to their citizens,

Reminding that uniform application of social fundamental rights as part of the EU’s fundamental rights would enhance the alarmingly falling legitimacy of EU in the eyes of its citizens,

Noting that the preconditions for the creation of a European social model are active and well-functioning European political parties, separation of powers at the EU-level, parliamentary control over social and welfare policies, legal instruments instead of soft coordination and a more active approach of national political parties, parliaments and governments towards expressing their preferred political agenda at the EU-level before national and European parliament elections,

Therefore JEF-Europe

Is certain that agreeing on a common minimum social security standards in Europe on a longer term while at the same time leaving the instruments of attainment of these standards to the discretion of member states, would advance the interest of citizens into EU-level political debate, their democratic influence in the area of social policy as well as contribute to an improved functioning of the internal market and for increased economical growth of Europe as a whole,

Points out with deep concern that the Charter of Fundamental Rights, and the rights, freedoms and principles which it guarantees, are regrettably still only to be considered as general principles of EU law, and thus they must be made legally binding in and for all member states by incorporating the Charter into the Reform Treaty and later European Constitution not allowing for any opt outs that would create first and second class European citizenship,

Affirms that this act of incorporation, among other features, would ensure the possibility of the EU joining the European Convention of Human Rights (ECHR) and providing the rights of individuals to seek termination of an EU act directly affecting them and bringing more democracy to EU,

Calls upon the consolidation of common European social quality principles, which give individuals legal rights to the following basic aspects of dignified life: a minimum level of economic security, basic level of social inclusion which entails social, civic, interpersonal and economic integration, social cohesion and possibilities and active support to reach to one’s full potential and these aspects to be included into the new Reform Treaty and further developed with a European Constitution,

Proposes a new legal instrument to reach a constitutional parity among the rules of European economic and social integration and the second best constitutional position of social and welfare policies to an end, leaving the social policy provisions sufficiently differentiated, with convergence among country groups facing the same problems and having similar path-dependencies in the welfare system,

Demands a consolidated European social law in order to counterweight the supremacy of internal market and European competition law over social policies,

Invites the European Parliament, the Intergovernmental Conference and national political actors to be accountable for their citizens by proposing above mentioned new legal instrument to be included into the Reform Treaty and the future European Constitution, to reduce the democratic deficit in social policy decision-making as well as bring further the idea of a federal, democratic and social Europe with enhanced legitimacy and support rooting directly from its citizens.