European Social Charter Governmental Committee
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Strasbourg, 24 February 2009 T-SG(2009)3 EUROPEAN SOCIAL CHARTER GOVERNMENTAL COMMITTEE REPORT CONCERNING CONCLUSIONS XVIII-2 European Social Charter (Austria, Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Latvia, Malta, Netherlands (Kingdom in Europe), Poland, Slovakia, Spain, Turkey and United Kingdom) Detailed report of the Governmental Committee 1 established by Article 27, paragraph 3, of the European Social Charter 1 The detailed report and the abridged report are available on www.coe.int/socialcharter. T-SG (2009)3 CONTENTS Page I. Introduction....................................................................................................................3 II. Examination of national situations on the basis of Conclusions XVIII-2 of the European Committee of Social Rights................................................................6 Appendix I List of participants .......................................................................................................90 Appendix II Chart of signatures and ratifications............................................................................96 Appendix III List of cases of non-compliance..................................................................................97 Appendix IV Conclusions deferred – for lack of information for the second time .............................................................100 – because of questions asked for the first time or additional questions (first reports and others)............................................................................................100 Appendix V Warning(s) and recommendation(s)..........................................................................101 2 T-SG (2009)3 I. Introduction 1. This report is submitted by the Governmental Committee of the European Social Charter made up of delegates of each of the forty states bound by the European Social Charter or the European Social Charter (revised).1 Representatives of international organisations of employers and workers (presently the European Trade Union Confederation (ETUC) and the International Organisation of Employers (IOE)) attend, in a consultative capacity, meetings of the Committee. BUSINESSEUROPE (former Union of Industrial and Employers' Confederations of Europe, UNICE) is also invited but did not participate. 2. The supervision of the application of the European Social Charter is based on an analysis of the national reports submitted at regular intervals by the States Parties. According to Article 23 of the Charter, the Party “shall communicate copies of its reports […] to such of its national organisations as are members of the international organisations of employers and trade unions”. Reports are published on www.coe.int/socialcharter. 3. The first responsibility for the analysis lies with the European Committee of Social Rights (Article 25 of the Charter), whose decisions are set out in a volume of “Conclusions”. On the basis of these conclusions, the Governmental Committee (Article 27 of the Charter) draws up a report to the Committee of Ministers which may "make to each Contracting Party any necessary recommendations" (Article 29 of the Charter). 4. In accordance with Article 21 of the Charter, the national reports to be submitted in application of the European Social Charter concerned Austria, the Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Latvia, Luxembourg, Malta, the Netherlands, Poland, the Slovak Republic, Spain, Turkey and the United Kingdom. Reports were due on 31 March 2006 at the latest; they were received between March 2006 and January 2007. The fourth report relating to the Czech Republic was submitted in June 2005. The Governmental Committee repeats that it attaches a great importance to the respect of the deadline by the States Parties. 5. Conclusions XVIII-2 of the European Committee of Social Rights were adopted in June 2007 (Austria, the Czech Republic, Denmark, Germany, Greece, Hungary, Latvia (2nd full report), Malta, the Netherlands (Kingdom in Europe), Poland, the Slovak Republic, Spain, Turkey and the United Kingdom. Due to the late arrival of reports, the conclusions in respect of Iceland and Luxembourg were adopted in October 2007 6. The Governmental Committee held two meetings (13-16 May 2008, 6-9 October 2008), which were chaired by Mrs Alexandra PIMENTA (Portugal), 1st Vice-chair, for the May meeting, and by Mr. Gyorgy KONCZEI (Hungary) in October 2008. 7. Following a decision in October 1992 by the Ministers' Deputies, observers from member states of central and eastern Europe having signed the European Social Charter or the European Social Charter (revised) (Montenegro, the Russian Federation, Serbia) were also invited to attend the meetings of the Governmental Committee, for the purpose 1 List of the States Parties on 7 October 2008: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom. 3 T-SG (2009)3 of preparing their ratification of this instrument. Since a decision of the Ministers' Deputies in December 1998, other signatory states were also invited to attend the meetings of the Committee (namely Liechtenstein, Monaco, San Marino and Switzerland). 8. The Governmental Committee was satisfied to note that since the last supervisory cycle, the following signatures and ratifications had taken place: – on 29 May 2007, Latvia signed the European Social Charter (revised); – on 27 June 2007, Turkey ratified the European Social Charter (revised); – on 29 June 2007, Germany signed the European Social Charter (revised); – on 7 October 2008, Bosnia and Herzegovina ratified the European Social Charter (revised). 9. The state of signatures and ratifications on 7 October 2008 appears in Appendix I to the present report. II. Examination of national situations on the basis of Conclusions XVIII-2 of the European Committee of Social Rights 10. The present abridged report, for the Committee of Ministers, only contains discussions concerning national situations for which the Governmental Committee proposed that the Committee of Ministers adopt a recommendation or renew a recommendation. The detailed report is available on www.coe.int/socialcharter. 11. Moreover, the Governmental Committee continues the improvement of its working methods. It decided to apply some of these measures, in particular to make a distinction between conclusions of non conformity for the first time – for which information on the measures which have been taken or have been planned by states to bring the situation into conformity with the Charter appears in extenso in the reports of its meetings – and renewed conclusions of non-conformity. It also underlined deferred conclusions for second lack of information, as well as deferred conclusions because of questions asked for the first time or additional time. Moreover, at its 117th meeting (16 May 2008), the Governmental Committee adopted new rules of procedure, including its working methods. 12. The Governmental Committee examined the situations not in conformity with the European Social Charter listed in Appendix II to the present report, and used the voting procedure for 8 of them. The detailed report which may be consulted at www.coe.int/socialcharter contains more extensive information regarding the cases of non- conformity. 13. The Governmental Committee took note of the cases where the conclusion is deferred for lack of information for the second time and because of questions asked for the first time or additional questions put by the European Committee of Social Rights (see Appendix III to the present report). It asked governments to reply to the questions in their next reports. 4 T-SG (2009)3 14. During its examination, the Committee took note of important positive developments in several States Parties. In particular, it asked governments to take into consideration Recommendations adopted by the Committee of Ministers. It adopted the warnings set out in Appendix IV to this report. 15. The Governmental Committee urged governments to continue their efforts with a view to ensuring compliance with the European Social Charter. 16. The Governmental Committee proposed to the Committee of Ministers to adopt the following Resolution: Resolution on the implementation of the European Social Charter during the period 2001-2004 (Conclusions XVIII-2, “non-hard core” provisions) (Adopted by the Committee of Ministers on .... at the .... meeting of the Ministers' Deputies) The Committee of Ministers,1 Referring to the European Social Charter, in particular to the provisions of Part IV thereof; Having regard to Article 29 of the Charter; Considering the reports on the European Social Charter submitted by the Governments of Austria, the Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Latvia, Luxembourg, Malta, the Netherlands (Kingdom in Europe), Poland, the Slovak Republic, Spain, Turkey and the United Kingdom (concerning period of reference 2001-2004)2; Considering Conclusions XVIII-2 of the European Committee of Social Rights appointed under Article 25 of the Charter; Following the proposal made by the Governmental Committee established under Article 27 of the Charter, Recommends