European Union Legislation - Essay Example

European Union comprises more than 25 s that differ in terms of political, educational and immigrations systems; despite of this fact European leaders are striving to develop common policy in all of the matters mentioned. Social policy, its values and principles, is one of the most important elements in the implementation of common strategy of the European Union. Protection of the human rights is one of the cornerstones of current social legislation of the European Union. Social legislation of the European Union protects the citizens of the Union against discrimination based on sex, race or nationality as well as inhumane treatment at their working places. Currently, European social model has been directed toward new investments in the skills of Europeans so they will be able to compete more efficiently in national and global labor market. According to Barcelona European Council, sound social, policy is based upon several elements: economic performance, steadfast social protection and social dialogue. The welfare state should induce its citizens to work as the work according to the statements of Barcelona Council is the best guarantee of social participation. 1 Certainly, many aspects of the social policy are defined by individual states: the question is whether it is possible to establish effective common social policy of the European Union. As the Union consists of many nations with various historic past and consequently different economic and social conditions, it is imperative to take into account these differences in the developing of social policy of the European countries, however at the same time some basic common social standards that must be followed by all European members are also required, as these states face many common social problems as well. There are several common social problems that European states face: 1) The ageing of the population (this is an acute problem for all nation of the EU, with the exception of several Mediterranean countries). 2 2) Rapid changes in technology that might negatively affect several stagnant European economies. Ageing of the population. Some persons claim that it is one of the greatest social challenges that EU countries currently face. European countries try to resolve these problems by implementing new programs aimed to increase labor participation of older people and reforming new social protection legislations. In spite of the fact that EU countries are trying to promote active ageing of its workforce, (attracting more people to enter and stay in employment) recent protests in several EU countries show that this decision will not be accepted universally. As population of EU continue to grow and fewer younger workers will be entering labor market, another possibility of resolving this crisis-immigration is being studied. However, in order to be successful more active approach is needed as EU still lacks common immigration policy as well. With high level of emigration from new EU countries, this problem has been partly resolved in few states with booming economies such as UK and Ireland. Social rights of migrant workers, who work in various countries have been protected by Regulation 1408/ 71 and 574/72. 3 In order to resolve the second problem, European Social Fund has been created. The main goal of this fund is to increase participation rates of population in labor markets in various countries.4 However, one should take into account the fact that regulations mentioned do not substitute national ones, but rather coordinate them. All nations have right to determine specific elements of their national social systems, provided that they are based on the equality of the treatment and non discrimination approach. EC treaty provides several levels of legislation aimed to guarantee equal treatments of all persons- men and women in the labor market, assure anti-discrimination approach, facilitate free movement of people and protect workers from various hazardous working conditions as well as provide them with detailed information on various social problems and issues. Major elements of current European social legislation have been derived from various international treaties and they protect the principle of equality defined in the article 13 of TEC. In spite of the fact that the problem of discrimination exists in EU countries, the implementation of this article helped to resolve several important problems in various EU states. Another area is the support of free movements between various states. Third area of current legislation promotes safety and health standards at the workplace and defines basic working conditions. According to the web site of the EU commission the legislation on safety have already constituted to the decrease in the number of work-related accidents at the working places. This legislation provides the protection of workers that work with harmful pollutants (such as chemical agents, biological agents) and set new safety measures at construction industry. Such directives as Council Directive 98/24/EC of 7 April 1998, Council Directive 90/394/EEC as well as many others regulate the issues mentioned5 Another social legislation protects the rights of the workers and such important issue as work relationship between employers and workers is regulated. EC claims that this legislation protects workers as it gives more impetus for employers to compete in the market by producing more high-quality goods and services rather than putting lives and health of the workers in danger. Apart from this new organ -European Works Councils have been created in order to facilitate the communication process between workers and employers and enhance the possibility to obtain information on vital matters for the workers. So as one can see current EU social legislation covers broad area from protection of the rights of women to the regulation that protects workers in various dangerous areas and on the whole legislation system provides them with high level of protection in negotiations between workers and employers. Consultation of various EU social partners is the prerequisite of the implementation of various social acts of the EU (under the article of 138 TEC), moreover social partners should receive an opportunity to negotiate and discuss this matter before the final legislation is implemented. If the negotiations have been completed successfully, social partners might ask Council to implement it by its won decisions (usually they are implemented in the form of Council directives). Once Council directives have been adopted, they become bounding legal acts and can be generally applicable. In the past the council has already successfully used this procedure in order to implement several legislations (legislations concerning agreements on parental leave as well as part time work and regulations concerning working conditions in several specific industries such as seafarers, railway transport sector as well as civic aviation). 6 As one can see current social policy of the European Union has been developed within the last several decades; it sets rather than explicitly defines the principles to which all European nations should adhere in the implementation of their social policies. However, in my opinion, it is hardly possible to develop and design comprehensive common social policy for such different nations as Baltic States and Mediterranean nations as these are the regions with different economic, social and political history. These countries differ in terms of economic development as well as social traditions and expectations. Neither it would be possible to formulate (apart from basic principles) detailed common social policy for such nations as the United Kingdom and Germany. Whereas the Governments of the United Kingdom have frequently implemented more liberal approach to the social policy (more emphasis has been given to the active participation of its citizens in the labor market) more protectionist policy has traditionally been adopted by German and French governments (more active participation of Government in labor market and higher levels of social security). On the other hand, it is imperative to continue developing principles of common social policy, to which all countries of the community must adhere. Moreover, social policy should stay abreast of the current trends in the labor markets of European states as well as demographic developments in current EU countries. National legislations of various countries should be based on the principles set by social legislations of EU. Without this it would be very difficult to protect the rights of workers in EU countries. Due to common policy, legislation of many countries would conform to common social principles set by EU. Apart from this new methods to implement and enforce various social legislations should be developed in order to ensure that they are enforced throughout all countries of the EU ( this is especially true for new members of the EU that have unreformed legislation in many social areas). However it is not possible in my opinion to develop coherent social policy without implementation of common migration policy. In view of looming demographic crisis some of EU countries should reform their current social legislation and implement new measures aimed at more active labor participation of their citizens. These steps might be painful yet they are necessary especially in view of the increased competition in the global market and increased mobility of global workforce. It might require reconsideration on the part of several European countries of their current social policies and might entail some unpopular measures, but this is in my opinion the only possible efficient solution that might resolve current social problems of the EU. Works cited. 1) A quick guide to EU employments and social policies, < http://europa.eu.int/comm/employment_social/social_model/11_en.html> 2) Europe's ageing workforce- < http://news.bbc.co.uk/2/hi/europe/2053581.stm > 3) Coordination of social security schemes < http://europa.eu.int/comm/employment_social/social_security_schemes/index_en.htm > 4) What is the European Social Fund, < http://europa.eu.int/comm/employment_social/esf2000/introduction_en.html > 5) Legislation by theme < http://europa.eu.int/smartapi/cgi/sga_docsmartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=31990L0394&model=guichett > 6) EU legislation on social policy, < http://europa.eu.int/comm/employment_social/social_model/11_en.html > Read More