Fundamental rights
Solidarity chapter begin: "The Union rec- text of the development of EU bodies oriognizes and respects..." and end "...according to the modalities established by community law and national practices and legislations".
Will the European Council administer this narrowly defined Charter of Fundamental Rights? For the conservatives and ultraneoliberals who have reject-
ASK a cook to make you an apple tart with some leeks, some potatoes and a vegetable mill. They'll tell you it's impossible and leave you high and dry with your non-conformist ingredients. But in the
European kitchen things don't happen that way and this is very much the case with the EU's Charter of Fundamental Rights.!
MARIE-PAULE CONNAN*
THE European Council in Cologne
Charter of Fundamental Rights would be drawn up and proclaimed in
December 2000 before the revision of the
Treaty of Amsterdam and before the new phase of EU enlargement. The European
Council in Tampere (October 15-16, 1999)
defined the composition of the body charged with drawing up the Charter, composed of representatives of the heads of state and of government and the President of the European Commission as well as members of the European Parliament and the national parliaments, representatives of the Court of Justice, the social and economic committee and the committee of
Regions.
From the first meeting (December 17,
1999), the 63 members of this body have met real difficulties in carrying out their task. And with reason, the three following postulates being posed as unavoidable:
a) The mandate of the European
Council in Cologne limits the framework to what is allowed by the Treaty and everyone knows that the Treaty of some extremely
European Union has restrictive social clauses. It is drawn up in such a way that nothing can hinder the freedom of circulation of commodities, goods and services and capital.
b) The secretariat of the Presidium considers that the 1951 European Convention on Human Rights constitutes a minımum standard and that "the Charter cannot mark a regression on the Convention such as it is interpreted by the European Court of
However,
Rights". 3
Convention only contains civil and political rights. Its editing took place in a climate of passionate debate which ended up with social and cultural rights, incorporat-
2 International Viewpoint #326 December 2000 ed in the UN's 1948 Universal Declaration of Human Rights, being rejected. c) Finally, in the area of social rights, the Secretariat of the Presidium stipulates
"The rights to be guaranteed are not of the same nature. There are rights which are clearly legally enforceable. Others, to be implemented, require action from the Union, action in the framework of which the legislator disposes of significant powers of judgement. (...) A reflexion is then needed in the case of each right so as to determine if it can be legally enforceable or if it can be formulated in such a way that it is. Some rights should be defined as political principles". This demand has been confirmed by the declarations of numerous European parliamentarians: one cannot make promises that one cannot hold to in the future.
### Fuss
There was a good deal of fuss during the first sessions when some members of the Convention proposed articles guaranteeing social rights as they are drawn up in the national constitutions and legislations. The conservatives and liberals scolded: "The Treaty! Nothing but the Treaty!". The first group then evoked public opinion, arguing that it would not understand. The argument had a certain effect. The members of the Convention have, then, opted for a Solidarity chapter. They sought a compromise by putting together some articles which could create the illusion of the integration of social rights in the Charter, while containing restrictions which would render them ineffective. While the clauses on civil and political rights, protected by the European Convention, start logically with "Each person..." those of the ed social rights, the answer is yes, and as quickly as possible. It will be presented to the European Council at Biarritz on October 13 and 14, 2000 and a decision should be taken from its official proclamation by the three European institutions at Nice on December 7-8, 2000. The European Council will commit itself to the fast lane in a process of enlargement with the objective being the extension of the European Union to 27 states.4
Final stage
Parallel to this, there will be the final stage of Economic and Monetary Union for the 12 countries of the Euro zone. From January 1-15, 2002, 50 billion coins and 14 billion bills in Euros will replace the coins and notes in national currencies. In 2003, a first European army will be constituted with a force of 180,000 soldiers. And, as it would be dangerous to conceive of an army and a currency without a state, several heads of state and government believe it is urgent to pose the question of a European Constitution to bring into being a superstate of law superior to the national constitutions. The Charter of Fundamental Rights of the European Union - which was the object of a shoddy compromise but hailed as a great victory by many, institutionalized and proclaimed with great pomp - is called on to become the preamble of the European Constitution.
The result would be a European Constitution, with preeminence of laws, without social constraints; with no guarantees of rights to employment, a minimum income, an equitable wage, housing, freedom and pluralism of media, or access to services of general interest and the right to strike remaining unrecognized at the European level. Once more, the European Union demonstrates its capacity to dismantle the social frameworks. The process of drawing up of this Charter could be considered useful if it carried legal guarantees of the social rights contained in the national constitutions and legislations in the con-
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* European Union at risk
THE international and European references defining basic social rights that the Convention charged with drawing up the EU Charter of fundamental rights cannot ignore:
* The Universal Declaration of Human Rights
In 1948, the editors of the Universal Declaration of Human Rights (proclaimed by the United Nations) defined social rights.
"Whereas recognition of the inherent dignity and of the equal and inahenable rights of all members of the human family is the fourdation of freedom, justice and peace in the world.
Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people,
Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law.
Whereas it is essential to promote the development of friendly relations between nations,
Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better
Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms,
Whereas a common understanding of these rights and freedoms is of the greatest importance for the full realization of this pledge,
Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction.
Article 22. Everyone, as a member of society, has the right to social security and is entitled to realization, through national effort and international co-operation and in accordance with the organization and resources of each State, of the economic, social and cultural rights indispensable for his dignity and the free development of his personality
Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to pro-
(2) Everyone, without any discrimination, has the right to equal pay for equal work.
(3) Everyone who works has the right to just and favourable remuneration ensuring for himself and his family an existence worthy of human dignity, and supplerented, if necessary, by other means of social protection.
(4) Everyone has the right to form and to join trade unions for the protection of his interests.
Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family.
including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control.
The member states committed themselves in the Treaty of Rome in 1958 to affirming as the essential objective of their efforts the improvement of the living and working conditions of their peoples"
* Article 136 of the Treaty of Amsterdam:
The Community and the member states, conscious of fundamental social rights, such as those spelt out in the European Social Charter signed in Turin on October 18, 1961 and in the Community Charter of Fundamental Social Rights of Workers of 1989, have as their objectives the promotion of employment, the improvement of living and working conditions, allowing their equalization in progress an adequate social protection, social dialogue, the development of human resources allowing high and stable employment levels and
* The Recommendation of the European Council of June 24, 1992(92/441/CEE) resulting from the 1989 Community Charter of the Fundamental Social Rights of Workers recommends that member states particularly:
recognise the fundamental right of persons to resources and benefits sufficient to live conforming to human dignity:
fix, taking account of the standard of living and prices in the state considered, as well as different types and sizes of households, the amount of resources estimated to be sufficient to cover essential needs with regard to the respect of human dignity;
do this on the basis of indicators that they deem appropriate, like for example statistics on average disposable income in the member state, household consumption, legal minimum wage, if it exists, or the level of prices, set modalities for periodic revision of these amounts, according to the indicators, so that this covering of needs is assured.
These clauses sustain the fight against social exclusion and poverty and organize the right to a dignified existence for all those who do not possess sufficient resources *
4 International Viewpoint #326 December 2000
* European Union standards of life in larger freedom, tection against unemployment.
* The Treaty of Rome the fight against exclusion.