Tineke Strik: The EU could be an ally not economically active can also reside in other member states. in the struggle for social equality Labour market policy A multitude of EU directives exist for the labour market and working conditions, including those affecting The Green European workplace safety, working hours and health. These Foundation, Bureau de directives are often highly detailed and technical in Helling and the nature. For example, one directive specifies exactly how GroenLinks working many decibels are consistent with a safe working group on Europe venture environment. There is also a Pregnant Workers Directive “deeper into Europe” in a defining the length of maternity leave for female series of six lectures. workers. In the fifth lecture, Tineke The question of equality in the labour market has also Strik, a Member of the attracted EU attention. “We have had legislation for the Dutch upper house of equal treatment of men and women in the workplace parliament, a member of the Parliamentary since 1975,” Strik says. “In the Netherlands, it has had Assembly of the Council of Europe and a lecturer in major consequences for pensions and wages.” Similar law at Radboud University, addressed the “time provisions exist for the self-employed, as well as bomb of social inequality” noted in an earlier lecture legislation against labour market discrimination on other by MEP Philippe Lamberts. She examined the grounds such as race, religion, sexual orientation, relation between Dutch and European law from the disability or age. “Kathelijne Buitenweg has done her standpoint of a Senator and jurist. best to get the directive on labour market equality extended to cover discrimination outside the workplace. She successfully garnered a majority in favour of this measure in the European Parliament. But the proposal fell foul of the member states, whose governments The principle of free movement of workers All we have as regards EU social policy derives from the feared the financial consequences. Such efforts against discrimination create a dilemma for the Euro-sceptic pursuit of a single internal labour market. The foundations of the single market were laid down in the parties: should they support equal treatment for gays in European Economic Community Treaty of 1957. The Poland, for instance, or must their anti-European treaty defined four fundamental economic freedoms of sentiment be paramount?” EEC citizens: the free movement of workers, of services, of capital and of goods in Europe. This ambition did not Social rights come to fruition until 1992, when the internal market was The Charter of Fundamental Rights declares a number of finally established in the Treaty of Maastricht. Along with social rights for EU citizens. The Charter became legally the freedoms, standards of living and the labour binding through the Lisbon Treaty of 2007. The treaty has conditions of all workers had to be improved. A level most to say about social policy under the heading of playing field was imperative so that nationals of every solidarity. It defines rights relating to unfair dismissal member state would have equal opportunities on the and to worker participation. The applicability of this European labour market. This meant setting Europe-wide treaty is limited to situations involving EU legislation. minimum standards, for example for working conditions. That is the reason why Europe has a social policy. As a Dutch citizen, you fall under EU law as soon as you move across the border or take a job in another EU Another consequence of the internal market was the country. Then you are covered directly by the directives need to abolish border checks within the EEC. This on free movement and the Charter of Fundamental automatically raised the question of what to do about Rights. Stay-at-home EU citizens, by contrast, are bound persons coming from outside the Union: once someone by their own national legislation. In some situations this has entered a member country, should they be allowed to produces a kind of inverse discrimination, in which EU travel freely across all the internal borders? A citizens living in a given country are actually better off harmonized approach to third-country nationals was than nationals of that country. Suppose you fall in love therefore legislated in 1985. All these things – the free with someone from outside the EU and you wish to bring movement of EU citizens, the social policies and that person to live with you in Holland. Under Dutch law, immigration policy towards third-country nationals – are he or she must pass a citizenship exam while abroad, consequences of the unified internal labour market. The must have an income and must surmount countless 1992 Treaty of Maastricht expanded the right to the free other obstacles. But if you were to move to neighbouring of movement of workers into a right for the free Belgium for a while, you could simply send an invitation movement of persons. Since then, EU citizens who are to your partner who is then free to join you there. This is Tineke Strik: The EU could be an ally in the struggle for social equality 2 because the EU directive on the freedom of movement Naturally, every country wants to have the best possible says that once you avail yourself of that freedom, you are investment climate. Germany, for instance, long allowed to reunite with family members without succeeded in attracting industry by keeping wages low. preconditions – even if they come from outside the EU. So But other national economies suffered from the resulting after a short stay in Belgium you could move back to the drain on their labour forces. Strik has the solution: “If Netherlands with your partner. social policy were better coordinated between countries, the EU could then be an ally in the struggle for social The European Social Charter issued by the Council of equality.” Europe also mentions social rights, such as the entitlement to equal pay for equal work. Member states The Stability and Growth Pact specifies indicators which must take account of the European Social Charter when the European Commission can look at when judging applying Union law. All EU members are also members whether a member country is on the right track. Certain of the Council of Europe. The European Social Charter indicators, namely those of unemployment and labour has had some far-reaching consequences, Strik explains. cost development, are mentioned recurrently in relation “Defence for Children appealed to the European to social policy. Now we are setting more stringent rules Committee of Social Rights, which monitors compliance but it is open to question how binding they are. Budgets with the European Social Charter, because the have been set aside however, for example for cutting Netherlands was denying residence to children whose youth unemployment. Strik warns of potential hazards in asylum applications had been dismissed. The Charter the binding rules coupled with the bail-out packages includes a right of residence clause. The committee agreed with Greece and other countries. “Greece has had found in favour of Defence for Children: no member state to reduce wages under the terms of the rescue is allowed to send a child or a member of other programme. The plans of action are in the end concerned vulnerable categories back, even if they lack a residence almost only with finance. The rules are so strict that we permit. The committee’s findings are not strictly binding, risk driving Greece and other programme countries to but the courts evidently respect them. They take them infringe the European Social Charter in order to meet into account when applying Dutch law. In response to the European Commission requirements. Social policy is judgement on child asylum seekers, the Dutch thus sacrificed to economic growth.” government was forced to adjust its policy.” But what about a European minimum wage? The The keyword: coordination Netherlands plays a role which impedes its realisation, Coordination is the keyword of the European Union’s according to Strik. “The European Union ought to have social policy. That means making policy minimum standards for social welfare and minimum recommendations, exchanging best practices and wages. The aim is to prevent people from sinking below a benchmarking, although without committing to binding certain minimum. Striving for greater equality is a decisions on the details of the social policy. A number of political choice. The Dutch government is against the EU strategic visions, such as Europe 2020, have in fact been taking action towards a minimum wage. France and published. Europe 2020 targets improved Germany, on the other hand, have declared that the macroeconomic stability, mainly with priorities such as subject of a European minimum wage is no longer increased employment and innovation, although it also taboo.” addresses the social aspect. The free movement of EU citizens The member states must, according to the report, take The right to free movement was declared in order to action to fight poverty and to eliminate social inequality. remove all impediments to European Union citizens The concrete plans pay minimal attention to these taking jobs in other member countries. “Many people objectives, however. There are also guidelines relating to take advantage of the right to free movement,” Tineke employment. For example, the Commission focuses on Strik said. I recently read in the well-known Dutch daily employability: workers must be adaptable to changed De Telegraaf that many Dutch people are going to circumstances. The member countries specify action Germany to find work due to the crisis. That was the idea: plans for these points, after which the Commission people are supposed to go where there is a need, and evaluates how well the plans adequately address the when there is no more work they come back home.” problems.