Has the Commission broken down social Europe?
(B2) Two and a half years after the establishment of the new "Barroso" Commission, the first "mid-term" review.
Despite the (re)appearance of the “social” theme in the comments of politicians, it is clear that the facts contradict this impression. Halfway through the Barroso Commission's mandate (established in November 2004, its mandate runs until 31 October 2009), the 2005-2010 social agenda, which was already neither very ambitious nor daring to meet the objectives defined at the summit European Union in Lisbon, is still far from fulfilling these promises. (Nb: in the Community system, it is the Commission which has the power of legislative initiative, and it alone. No proposal on its part = no proposal)
Many proposals on this calendar have, for the moment, been rejected. Examples:
- the revision of the 1994 directive on European works councils;
- the initiative concerning the protection of workers' personal data (planned for 2005);
- the updating of the directives of 2001 (transfers of undertakings) and of 1998 (collective dismissals), as well as the codification of the provisions on information and consultation of workers;
- initiatives aimed at further promoting the development and transparency of corporate social responsibility;
- the proposal to provide the social partners with a tool to formalize the conduct and results of transnational collective bargaining;
- or again, the annual organization of a meeting of all the actors concerned in the form of a forum to evaluate the implementation of the Agenda.
Postponements, retirements, freezes. The announcement of successive postponements on certain sensitive files aggravates this feeling of inaction, the most striking example being the consultation on active inclusion and minimum income; planned for 2004-2005, it was finally launched in 2006, the second phase was postponed to the end of 2007! Two subjects—the statute of the European mutuality and that of the European association—have been withdrawn within the framework of the “better law-making” exercise. As for the various appointments set by the existing directives, they are often not respected. The second phase of consultations on the Cancer Directive has not been launched (the first ended in 2004). The review and revision of the "maternity" directive has fallen into oblivion - the report published in 1999 echoed the problem of definition and rights linked to work but no revision action has been taken.
Five achievements. In terms of achievements, the record remains weak. Admittedly, we can note the establishment of a new body, the Institute for Equality between Men and Women, and the transformation of the former Observatory on the Phenomena of Racism, into an Agency for Fundamental Rights, with a mandate extended to all issues of discrimination. The creation of a Globalization Adjustment Fund – an old project dating back to the Prodi-Barnier Commission or even the Delors years – is undoubtedly a more major contribution, as is the decision, taken under the policies of competition, on aid for certain public and social services (Kroes-Monti package). The continuation of the important reform of the regulations on the social security systems, however discreet, is also notable. The social dialogue, operating in slow motion, has however made it possible to lead to two general agreements — stress at work (2004) and harassment (2007) — and a few sectoral agreements (silicate, etc.).
Celebrate rather than achieve. But the succession of commemorative years one after another — mobility, equal opportunities, social inclusion — the repetition of which erases the "mobilization" side and the elevation of a working method – the open method of coordination – to the rank of objective do not appear as a sign of dynamism.
And, if several communications have been published (posting of workers, social services of general interest, health services, social realities), their impact is rarely concrete; they fix the doctrine, trigger the discussion but have no legal effect.
In the end... A very meager assessment with regard to the vital challenges for competitiveness (youth, work-family reconciliation, aging), and the objectives (fight against poverty or school failure, lifelong training, employment of young people and minorities...) regularly recalled at each European summit