Social Chapter
Encyclopedia
The Social Chapter is the chapter of the 1997 Treaty of Amsterdam covering social policy
issues, such as promotion of employment and improved living and working conditions. Prior to the Treaty of Amsterdam the "Agreement on Social Policy" protocol of the 1992 Maastricht Treaty
was known as the "Social Chapter". The protocol became the Social Chapter proper of the Treaty of Amsterdam with minor amendments. The Social Chapter forms European Union law
and is the basis for European Union social policy and legislation.
, also known as the Treaty establishing the European Economic Community or EEC Treaty, the six states which established the European Economic Community
agreed to "promote improved working conditions and an improved standard of living for workers" though the common market, and to favour "harmonization of social systems". The states also agreed to co-operate in the areas of employment
, labour laws and working conditions, vocational training, social security
, prevention of occupational accidents and diseases
, hygiene at work, the right to form trade unions and of collective bargaining. The six states furthermore agreed that men and women should, in principle, receive equal pay for equal work, and that the social security of migrants was a common concern. The European Social Fund
(ESF) was established to assist the employment of workers and increase geographical and occupational mobility. Until the first enlargement the ESF was mainly used to assist southern Italy, the area with the highest unemployment in the European Union at the time, and areas along the border of West Germany
and East Germany.
With the first enlargement in 1973 a number of Social Action programs were established to encourage employment, improve working and living conditions. Employment policy was still regarded as primarily a member state concern and the funding of the ESF was modest compared to that of agricultural policy. With plans for the creation of a single market by 1992 social issues were back on the agenda. The 1986 Single European Act
strengthened the social policy provisions in the Treaty of Rome, adding a commitment to improvements in workers' health and safety by allowing the European Council
to adopt "minimum requirements for gradual implementation". It was noted that this should not be to the disadvantage of small and medium sized enterprises (SMEs). The Single European Act also provided that the European Commission
should develop "the dialogue between management and labour", i.e. the "social partners", to assist in developing single market and technology legislation. The new emphasis on "economic and social cohesion" reflected the accession of the then poor European states Greece, Spain and Portugal. The Single European Act commits the member states to strengthening economic and social cohesion and to reduce disparities between the various regions. Economic and social cohesion was to be pursued through member states' economic policies, common policies and through structured funds. The European Regional Development Fund
(ERDF) was established to help those regions lagging behind or where declining industries needed to be converted.
When the Treaty of Rome
was negotiated in 1957 the six negotiating states thought that a move to a freer market should be matched with increased social welfare for citizens. The view that the European Union was not just about creating a single market across national borders, but about integrated progress, was shared by most states which subsequently joined the European Union. The minority view that social policy should not be the European Union's concern was most prominently expressed by British Prime Minister Margaret Thatcher
in her 1988 Bruges speech, saying "We have not successfully rolled back the frontiers of the state in Britain only to see them re-imposed at a European level".
asked "social partners" representatives to develop ideas on improving working conditions in the European Community as the single market was developed. A draft Social Charter was developed by UNICE
, the employers' confederation, the European Trade Union Confederation
(ETUC) and CEEP, the European Centre of Public Enterprises. A toned down version of was adopted as the Social Charter at the 1989 Strasbourg European Council. The Social Charter declares 30 general principles, including on fair remuneration of employment, health and safety at work, rights of disabled and elderly, the rights of workers, on vocational training and improvements of living conditions. The Social Charter became the basis for European Community legislation on these issues in 40 pieces of legislation.
The Social Charter was subsequently adopted in 1989 by 11 of the then 12 member states. The UK refused to sign the Social Charter and was exempt from the legislation covering Social Charter issues unless it agreed to be bound by the legislation. The UK subsequently was the only member state to vetoed the Social Charter being included as the "Social Chapter" of the 1992 Maastricht Treaty
, instead an Agreement on Social Policy was added as a protocol. Again, the UK was exempt from legislation arising from the protocol, unless it agreed to be bound by it. The protocol was to become known as Social Chapter, despite not actually being a chapter of the Maastricht Treaty.
known as the "Social Chapter" even so it was not a proper chapter of the treaty, the European Union was to "support and complement" the policies of member states. The aims of the Agreement on Social Policy are:
The Agreement on Social Policy did not cover fair remuneration for employment, the right to form trade unions and the right to strike. Following the election of Tony Blair
as UK Prime Minister in 1997 the UK formally subscribed to the Agreement on Social Policy, which allowed it to be included as a the Social Chapter of the 1997 Treaty of Amsterdam with minor amendments. The UK subsequently adopted the main legislation previously agreed under the Agreement on Social Policy, the 1994 Works Council Directive, which required workforce consultation in businesses, and the 1996 Parental Leave Directive.
. European Union policy is in these areas is frequently delivered through programs such as the Socrates program for education, the Helios program for the disabled, and the NOW program for women in business. Various social policy is delivered through European Agencies, such as the Agency for Safety and Health at Work and the European Environment Agency.
Social policy
Social policy primarily refers to guidelines, principles, legislation and activities that affect the living conditions conducive to human welfare. Thus, social policy is that part of public policy that has to do with social issues...
issues, such as promotion of employment and improved living and working conditions. Prior to the Treaty of Amsterdam the "Agreement on Social Policy" protocol of the 1992 Maastricht Treaty
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
was known as the "Social Chapter". The protocol became the Social Chapter proper of the Treaty of Amsterdam with minor amendments. The Social Chapter forms European Union law
European Union law
European Union law is a body of treaties and legislation, such as Regulations and Directives, which have direct effect or indirect effect on the laws of European Union member states. The three sources of European Union law are primary law, secondary law and supplementary law...
and is the basis for European Union social policy and legislation.
Early European Community social policy
In the 1957 Treaty of RomeTreaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
, also known as the Treaty establishing the European Economic Community or EEC Treaty, the six states which established the European Economic Community
European Economic Community
The European Economic Community The European Economic Community (EEC) The European Economic Community (EEC) (also known as the Common Market in the English-speaking world, renamed the European Community (EC) in 1993The information in this article primarily covers the EEC's time as an independent...
agreed to "promote improved working conditions and an improved standard of living for workers" though the common market, and to favour "harmonization of social systems". The states also agreed to co-operate in the areas of employment
Employment
Employment is a contract between two parties, one being the employer and the other being the employee. An employee may be defined as:- Employee :...
, labour laws and working conditions, vocational training, social security
Social security
Social security is primarily a social insurance program providing social protection or protection against socially recognized conditions, including poverty, old age, disability, unemployment and others. Social security may refer to:...
, prevention of occupational accidents and diseases
Occupational disease
An occupational disease is any chronic ailment that occurs as a result of work or occupational activity. It is an aspect of occupational safety and health. An occupational disease is typically identified when it is shown that it is more prevalent in a given body of workers than in the general...
, hygiene at work, the right to form trade unions and of collective bargaining. The six states furthermore agreed that men and women should, in principle, receive equal pay for equal work, and that the social security of migrants was a common concern. The European Social Fund
European Social Fund
The European Social Fund is the European Union’s main financial instrument for supporting employment in the Member States as well as promoting economic and social cohesion. ESF spending amounts to around 10% of the EU’s total budget....
(ESF) was established to assist the employment of workers and increase geographical and occupational mobility. Until the first enlargement the ESF was mainly used to assist southern Italy, the area with the highest unemployment in the European Union at the time, and areas along the border of West Germany
West Germany
West Germany is the common English, but not official, name for the Federal Republic of Germany or FRG in the period between its creation in May 1949 to German reunification on 3 October 1990....
and East Germany.
With the first enlargement in 1973 a number of Social Action programs were established to encourage employment, improve working and living conditions. Employment policy was still regarded as primarily a member state concern and the funding of the ESF was modest compared to that of agricultural policy. With plans for the creation of a single market by 1992 social issues were back on the agenda. The 1986 Single European Act
Single European Act
The Single European Act was the first major revision of the 1957 Treaty of Rome. The Act set the European Community an objective of establishing a Single Market by 31 December 1992, and codified European Political Cooperation, the forerunner of the European Union's Common Foreign and Security Policy...
strengthened the social policy provisions in the Treaty of Rome, adding a commitment to improvements in workers' health and safety by allowing the European Council
European Council
The European Council is an institution of the European Union. It comprises the heads of state or government of the EU member states, along with the President of the European Commission and the President of the European Council, currently Herman Van Rompuy...
to adopt "minimum requirements for gradual implementation". It was noted that this should not be to the disadvantage of small and medium sized enterprises (SMEs). The Single European Act also provided that the European Commission
European Commission
The European Commission is the executive body of the European Union. The body is responsible for proposing legislation, implementing decisions, upholding the Union's treaties and the general day-to-day running of the Union....
should develop "the dialogue between management and labour", i.e. the "social partners", to assist in developing single market and technology legislation. The new emphasis on "economic and social cohesion" reflected the accession of the then poor European states Greece, Spain and Portugal. The Single European Act commits the member states to strengthening economic and social cohesion and to reduce disparities between the various regions. Economic and social cohesion was to be pursued through member states' economic policies, common policies and through structured funds. The European Regional Development Fund
European Regional Development Fund
The European Regional Development Fund is a fund allocated by the European Union.-History:During the 1960s, the European Commission occasionally tried to establish a regional fund. Only Italy ever supported this, however, and nothing came of it. Britain made it an issue for their accession in...
(ERDF) was established to help those regions lagging behind or where declining industries needed to be converted.
When the Treaty of Rome
Treaty of Rome
The Treaty of Rome, officially the Treaty establishing the European Economic Community, was an international agreement that led to the founding of the European Economic Community on 1 January 1958. It was signed on 25 March 1957 by Belgium, France, Italy, Luxembourg, the Netherlands and West Germany...
was negotiated in 1957 the six negotiating states thought that a move to a freer market should be matched with increased social welfare for citizens. The view that the European Union was not just about creating a single market across national borders, but about integrated progress, was shared by most states which subsequently joined the European Union. The minority view that social policy should not be the European Union's concern was most prominently expressed by British Prime Minister Margaret Thatcher
Margaret Thatcher
Margaret Hilda Thatcher, Baroness Thatcher, was Prime Minister of the United Kingdom from 1979 to 1990...
in her 1988 Bruges speech, saying "We have not successfully rolled back the frontiers of the state in Britain only to see them re-imposed at a European level".
Development of the Social Chapter
In 1989 the European Commission President Jacques DelorsJacques Delors
Jacques Lucien Jean Delors is a French economist and politician, the eighth President of the European Commission and the first person to serve three terms in that office .-French Politics:...
asked "social partners" representatives to develop ideas on improving working conditions in the European Community as the single market was developed. A draft Social Charter was developed by UNICE
UNICE
UNICE may stand for :* abbreviation of the former name of BUSINESSEUROPE, ‘Union of Industrial and Employers' Confederations of Europe’, a Brussels-based European association of industries and employers....
, the employers' confederation, the European Trade Union Confederation
European Trade Union Confederation
The European Trade Union Confederation is a trade union organization which was established in 1973 to represent workers and their national affiliates at the European level....
(ETUC) and CEEP, the European Centre of Public Enterprises. A toned down version of was adopted as the Social Charter at the 1989 Strasbourg European Council. The Social Charter declares 30 general principles, including on fair remuneration of employment, health and safety at work, rights of disabled and elderly, the rights of workers, on vocational training and improvements of living conditions. The Social Charter became the basis for European Community legislation on these issues in 40 pieces of legislation.
The Social Charter was subsequently adopted in 1989 by 11 of the then 12 member states. The UK refused to sign the Social Charter and was exempt from the legislation covering Social Charter issues unless it agreed to be bound by the legislation. The UK subsequently was the only member state to vetoed the Social Charter being included as the "Social Chapter" of the 1992 Maastricht Treaty
Maastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
, instead an Agreement on Social Policy was added as a protocol. Again, the UK was exempt from legislation arising from the protocol, unless it agreed to be bound by it. The protocol was to become known as Social Chapter, despite not actually being a chapter of the Maastricht Treaty.
Adoption of the Social Chapter
To achieve aims of the Agreement on Social Policy, a protocol of the Maastricht TreatyMaastricht Treaty
The Maastricht Treaty was signed on 7 February 1992 by the members of the European Community in Maastricht, Netherlands. On 9–10 December 1991, the same city hosted the European Council which drafted the treaty...
known as the "Social Chapter" even so it was not a proper chapter of the treaty, the European Union was to "support and complement" the policies of member states. The aims of the Agreement on Social Policy are:
"promotion of employment, improving living and working conditions, proper social protection, dialogue between management and labour, the development of human resources with a view to lasting high employment and the combating of exclusion"
The Agreement on Social Policy did not cover fair remuneration for employment, the right to form trade unions and the right to strike. Following the election of Tony Blair
Tony Blair
Anthony Charles Lynton Blair is a former British Labour Party politician who served as the Prime Minister of the United Kingdom from 2 May 1997 to 27 June 2007. He was the Member of Parliament for Sedgefield from 1983 to 2007 and Leader of the Labour Party from 1994 to 2007...
as UK Prime Minister in 1997 the UK formally subscribed to the Agreement on Social Policy, which allowed it to be included as a the Social Chapter of the 1997 Treaty of Amsterdam with minor amendments. The UK subsequently adopted the main legislation previously agreed under the Agreement on Social Policy, the 1994 Works Council Directive, which required workforce consultation in businesses, and the 1996 Parental Leave Directive.
European Union social policy
In the 10 years following the 1997 Treaty of Amsterdam and adoption of the Social Chapter the European Union has undertaken policy initiatives in various social policy areas, including labour and industry relations, equal opportunity, health and safety, public health, protection of children, the disabled and elderly, poverty, migrant workers, education, training and youth. These policy areas are now part of the Social Policy Agenda, implementing the social elements of the Lisbon strategyLisbon Strategy
The Lisbon Strategy, also known as the Lisbon Agenda or Lisbon Process, was an action and development plan devised in 2000, for the economy of the European Union between 2000 and 2010....
. European Union policy is in these areas is frequently delivered through programs such as the Socrates program for education, the Helios program for the disabled, and the NOW program for women in business. Various social policy is delivered through European Agencies, such as the Agency for Safety and Health at Work and the European Environment Agency.
See also
- Economic, social and cultural rights
- Workers rights
- Working Time DirectiveWorking Time DirectiveThe Working Time Directive is a European Union Directive, which creates the right for EU workers to a minimum number of holidays each year, paid breaks, and rest of at least 11 hours in any 24 hours; restricts excessive night work; and makes a default right to work no more than 48 hours per week....