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Social Europe. Articles of the Lisbon Treaty

Article 19 (ex Article 13 TEC) - Discrimination

1. Without prejudice to the other provisions of the Treaties and within the limits of the powers conferred on the Union by them, the Council, acting unanimously in accordance with a special legislative procedure and after obtaining the consent of the European Parliament, may necessary measures to combat any discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

2. By way of derogation from paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt the basic principles of Union incentive measures, excluding any harmonization of legislative provisions and regulations of the Member States, to support the actions of the Member States taken with a view to contributing to the achievement of the objectives referred to in paragraph 1.

Article 20 (ex Article 17 TEC) - Union citizenship

1. Citizenship of the Union is hereby established. A citizen of the Union is any person having the nationality of a Member State. Union citizenship supplements national citizenship and does not replace it.

2. Citizens of the Union enjoy the rights and are subject to the duties provided for in the Treaties. They have, among other things:
(a) the right to move and reside freely within the territory of the Member States;
(b) the right to vote and stand as a candidate in elections to the European Parliament and in municipal elections in the Member State in which they reside, under the same conditions as nationals of that State;
(c) the right to benefit, in the territory of a third country where the Member State of which they are nationals is not represented, from the protection of the diplomatic and consular authorities of any Member State under the same conditions as nationals of this state;
d) the right to address petitions to the European Parliament, to have recourse to the European Ombudsman, as well as the right to address the institutions and advisory bodies of the Union in one of the languages ​​of the Treaties and to receive a reply in the same language.
These rights are exercised under the conditions and within the limits defined by the treaties and by the measures adopted pursuant to them.

Article 21 (ex Article 18 TEC) - Free circulation

1. Every citizen of the Union has the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions provided for by the Treaties and by the provisions adopted for their application.

2. If action by the Union appears necessary to achieve that objective, and unless the Treaties have provided for powers of action to that effect, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, may adopt arrangements to facilitate the exercise of the rights referred to in paragraph 1.

Article 45 (ex Article 39 TEC) - Free movement of workers

1. The free movement of workers is ensured within the Union.

2. It implies the abolition of all discrimination, based on nationality, between workers of the Member States, as regards employment, remuneration and other working conditions.

3. It includes the right, subject to limitations justified by reasons of public order, public security and public health:

a) to respond to jobs actually offered,

(b) to move freely for this purpose within the territory of the Member States,

(c) to reside in one of the Member States in order to pursue employment there in accordance with the laws, regulations and administrative provisions governing the employment of national workers,

(d) to remain, under conditions which will be the subject of regulations established by the Commission, in the territory of a Member State, after having held employment there.

4. The provisions of this article are not applicable to employment in public administration.

Article 46 (ex Article 40 TEC) - Regulation of free movement of workers

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall adopt, by means of directives or regulations, the measures necessary to achieve freedom of movement for workers, as is defined in Article 45, in particular:

a) by ensuring close collaboration between national labor administrations,

(b) by eliminating those of administrative procedures and practices, as well as delays in access to available posts resulting either from internal legislation or from agreements previously concluded between the Member States, the maintenance of which would hinder the freedom of movement workers,

(c) by eliminating all time limits and other restrictions, provided for either by internal legislation or by agreements previously concluded between Member States, which impose on workers from other Member States conditions other than on national workers for the free choice a job,

(d) by establishing mechanisms capable of bringing supply and demand for employment into contact and of facilitating their balance under conditions which avert serious risks for the standard of living and employment in the various regions and industries.

Article 47 (ex Article 41 TEC) - Exchange of young workers

Member States shall promote, within the framework of a common programme, the exchange of young workers.

Article 48 (ex Article 42 TEC) - Social Security

The European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall adopt, in the field of social security, the measures necessary to establish freedom of movement for workers, in particular by establishing a system enabling workers to be guaranteed employed and self-employed migrants and their dependents:

(a) the aggregation, for the acquisition and maintenance of the right to benefits, as well as for the calculation thereof, of all the periods taken into consideration by the various national legislations;

(b) the payment of benefits to persons residing in the territories of the Member States.

Where a member of the Council declares that a draft legislative act referred to in the first paragraph would affect important aspects of its social security system, in particular as regards the scope, cost or financial structure , or would affect its financial equilibrium, it may request that the European Council be seized. In this case, the ordinary legislative procedure is suspended. After discussion and within four months of this suspension, the European Council:

(a) sends the bill back to the Council, thereby ending the suspension of the ordinary legislative procedure, or

(b) does not act or asks the Commission to submit a new proposal; in this case, the act initially proposed is deemed not to have been adopted.

SOCIAL POLICY

Article 151 (ex Article 136 TEC) Social policy objectives

The Union and the Member States, aware of fundamental social rights, such as those set out in the European Social Charter signed in Turin on 18 October 1961 and in the Community Charter of the Fundamental Social Rights of Workers of 1989, shall have as their objectives the promotion of employment, the improvement of living and working conditions, allowing their equalization in progress, adequate social protection, social dialogue, the development of human resources allowing a high and sustainable level of employment and the fight against exclusions.

To this end, the Union and the Member States shall implement measures which take into account the diversity of national practices, in particular in the field of treaty relations, and the need to maintain the competitiveness of the economy of the 'Union.

They consider that such a development will result both from the operation of the internal market, which will promote the harmonization of social systems, and from the procedures provided for in the Treaties and the approximation of legislative, regulatory and administrative provisions.

Article 152 (new) - role of social partners
The Union recognizes and promotes the role of the social partners at its level, taking into account the diversity of national systems. It facilitates dialogue between them, while respecting their autonomy.
The Tripartite Social Summit for Growth and Employment contributes to social dialogue.

Article 153 (ex Article 137 TEC) - social right European

1. With a view to achieving the objectives referred to in Article 151, the Union shall support and supplement the action of the Member States in the following areas:
(a) the improvement, in particular, of the working environment to protect the health and safety of workers;
(b) working conditions;
(c) social security and social protection of workers;
(d) the protection of workers in the event of termination of the employment contract;
(e) information and consultation of workers;
(f) the representation and collective defense of the interests of workers and employers, including co-determination, subject to paragraph 5;
(g) the conditions of employment of third-country nationals residing legally in the territory of the Union;
(h) the integration of persons excluded from the labor market, without prejudice to Article 166;
(i) equality between men and women with regard to their opportunities in the labor market and treatment at work;
(j) the fight against social exclusion;
(k) the modernization of social protection systems, without prejudice to point (c).

2. To this end, the European Parliament and the Council:

(a) may adopt measures to encourage cooperation between Member States through initiatives aimed at improving knowledge, developing exchanges of information and best practices, promoting innovative approaches and evaluating experiences, the exclusion of any harmonization of the laws and regulations of the Member States;

(b) may adopt, in the areas referred to in points (a) to (i) of paragraph 1, by means of directives, minimum requirements to be applied gradually, taking into account the conditions and technical regulations existing in each of the Member States. These directives avoid imposing administrative, financial and legal constraints which would hamper the creation and development of small and medium-sized enterprises.

The European Parliament and the Council act in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee and the Committee of the Regions.

In the areas referred to in points (c), (d), (f) and (g) of paragraph 1, the Council shall act in accordance with a special legislative procedure, by unanimity, after consulting the European Parliament and the said Committees.

The Council, acting unanimously on a proposal from the Commission after consulting the European Parliament, may decide to make the ordinary legislative procedure applicable to points (d), (f) and (g) of paragraph 1.

3. A Member State may entrust the social partners, at their joint request, with the implementation of directives adopted pursuant to paragraph 2 or, where appropriate, the implementation of a Council decision adopted in accordance with Article 155.

In this case, it ensures that, at the latest on the date on which a directive or decision must be transposed or implemented, the social partners have put in place the necessary provisions by agreement, the State member concerned must take all necessary measures enabling it to be able at all times to guarantee the results imposed by the said directive or decision.

4. The provisions adopted pursuant to this article:
– do not affect the recognized ability of Member States to define the fundamental principles of their social security system and must not significantly affect its financial equilibrium;
– cannot prevent a Member State from maintaining or establishing stricter protective measures compatible with the Treaties.

5. The provisions of this article do not apply to remuneration, the right of association, the right to strike or the right to lockout.

Article 154 (ex Article 138 TEC) - consultation of social partners
1. The Commission shall have the task of promoting consultation of the social partners at Union level and shall take all appropriate measures to facilitate their dialogue by ensuring balanced support from the parties.
2. To this end, the Commission, before presenting proposals in the field of social policy, shall consult the social partners on the possible direction of Union action.
3. If the Commission, after this consultation, considers that action by the Union is desirable, it shall consult management and labor on the content of the envisaged proposal. The social partners submit an opinion or, where appropriate, a recommendation to the Commission.
4. During the consultations referred to in paragraphs 2 and 3, the social partners may inform the Commission of their wish to initiate the process provided for in Article 155. The duration of this process may not exceed nine months, except extension decided jointly by the social partners concerned and the Commission.

Article 155 (ex Article 139 TEC) - dialogue between social partners
1. Dialogue between social partners at Union level may lead, if the latter so wish, to contractual relations, including agreements.
2. Agreements concluded at Union level shall be implemented either in accordance with the procedures and practices specific to the social partners and the Member States, or, in matters falling under Article 153, at the joint request of the signatory parties. , by a decision of the Council on a proposal from the Commission. The European Parliament is informed.
The Council shall act unanimously when the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required under Article 153(2).

Article 156 (ex Article 140 TEC) - coordination of social policies
With a view to achieving the objectives referred to in Article 151 and without prejudice to the other provisions of the Treaties, the Commission shall encourage cooperation between Member States and facilitate the coordination of their action in all areas of social policy covered by this Chapter, and in particular in matters relating to:

- to work;

– labor law and working conditions;

– professional training and development;

– social security;

– protection against occupational accidents and illnesses;

– occupational hygiene;

– the right to organize and collective bargaining between employers and workers.
To this end, the Commission works in close contact with the Member States, through studies, opinions and the organization of consultations, both for problems arising at national level and for those of interest to international organisations, in particular through initiatives to establish guidelines and indicators, to organize the exchange of best practices and to prepare the elements necessary for periodic monitoring and evaluation. The European Parliament is fully informed.

Before issuing the opinions provided for in this Article, the Commission shall consult the Economic and Social Committee.

Article 157 (ex Article 141 TEC) - equal pay

1. Each Member State shall ensure that the principle of equal pay for male and female workers for equal work or work of equal value is applied.

2. For the purposes of this Article, remuneration means the basic or minimum ordinary wage or salary, and any other benefits paid directly or indirectly, in cash or in kind, by the employer to the worker by reason of employment. of the last.

Equal pay, without discrimination based on sex, implies:

(a) that the remuneration granted for the same piece work is established on the basis of the same unit of measurement;

b) that the remuneration granted for work paid by time is the same for the same job.

3. The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall adopt measures to ensure the application of the principle of equal opportunities and equal treatment between men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

4. In order to ensure full equality in practice between men and women in working life, the principle of equal treatment shall not prevent a Member State from maintaining or adopting measures providing for specific advantages intended to facilitate the exercise of a professional activity by the under-represented sex or to prevent or compensate for disadvantages in the professional career.

Article 158 (ex Article 142 TEC) - paid vacation

Member States shall endeavor to maintain the existing equivalence of paid leave schemes.

Article 159 (ex Article 143 TEC) - report on the demographic situation

The Commission shall draw up a report each year on progress in achieving the objectives referred to in Article 151, including the demographic situation in the Union. It forwards this report to the European Parliament, the Council and the Economic and Social Committee.

(NB: the "ex-articles" refer to the EC Treaty of Rome / EU of Maastricht Nice version - titles have been added for better understanding)

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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