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International Labour Standards and the EU Labour LawProf. Giuseppe Casale Deputy DirectorInternational Training Centre of the ILOSecretary-General, International Society for Labour and Social Security Law

1IntroductionOn-going debate on how best to improve the implementation of existing International Labour Standards. The current nature of institutional labour standards and the effective role of the current ILO supervisory machineryHow to build an efficient and transparent process for ensuring periodic reviews of the current body of international labour standards, including their effectivenessGovernance Conventions ("priority" instruments that are the most significant for the functioning of the international labour standards system)Labour Inspection Convention, 1947 (No. 81)Employment Policy Convention, 1964 (No. 122)Labour Inspection (Agriculture) Convention, 1969 (No. 129)Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144)2The International Labour CodeThe ILO has adopted 189 Conventions, 5 Protocols and 202 Recommendations since its foundation in 1919Four strategic objectivesThe status of these instruments has been reviewed periodicallyCartier Working Party (1990s)Up to date: 76 Conventions, 5 Protocols and 80 RecommendationsInterim status: 24 Conventions and 22 RecommendationsOutdated: 55 Conventions and 14 RecommendationsTo be revised: 9 Conventions and 9 RecommendationsReplaced: 22 RecommendationsWithdrawn by ILC: 5 Conventions and 36 RecommendationsOther: (require additional information for their classification, shelved, no conclusions, no examined)

3The future role of labour standardsILO Declaration on Social Justice for a Fair GlobalizationCreation of a process for intensive tripartite consultation on international labour standards policy to ensure that they remain relevant to constituents needs and are well aligned to the ILO four strategic objectivesThe overarching framework for a standards policy and a standards review mechanism (SRM)proposals made should not have the effect of reducing the protection already afforded to workers by ratified Conventionsthe capital consisting of existing rights, updated where necessary, should be faithfully preserved without prejudice to the need for innovation;the approach should be holisticdecisions should be adopted by consensusA review mechanism would provide an on-going programme of work for the ILO to reinvigorate and reinforce the international labour code4The relation between ILS and the EU labour lawSpecial relation exists between the international labour standards and the EU labour lawThe Community acquis in the fields of employment, social policy and equal opportunities in many respects have been inspired by the international standardsThe standards and measures of the ILO also complement the acquis in areas which are not covered or only partly covered by legislation and Community policies, such as labour administration and inspection, freedom of association, the right to collective bargaining as well as the introduction of minimum standards in social security5The relation between ILS and the EU labour law (Contd)The incidence of the ILO principles and rights at work is crucial in the fabric of the Community's initiatives, the content of Community norms, and in the interpretation procedures of Community law. This is visible when reference is made to the core social rights guaranteed by the eight core ILO Conventions, as recalled by the Charter of Nice, annexed to the Treaty of Lisbon, and by the two EU treaties (TEU and Art.6, TFEU)The DWA and the Lisbon Agenda, renovated and then rephrased as Europe 2020, have many points in common2001, through an exchange of letters between the European Commission and the ILO, a long tradition of cooperation was renewed (the last formal act dated back to 1989)6The relation between ILS and the EU labour law (Contd)

The recognition that a joint reflection on innovative tools to be applied to social problems, [...] by pooling their skills, could respond effectively to the need to promote job opportunities, maintain and improve the living and working conditions and employment around the world".The EU initiatives and the various communications of the Commission also have a practical value, since, within a global setting, indicate explicitly how to promote decent work, namely through:the protection of fundamental principles and rights at work, with special attention to child labour and the gender dimension;promotion of good governance and social dialogue;the provision of social protection, education and lifelong learning.7The relation between ILS and the EU labour law (Contd)The European Commission has adopted on 23 March 2012 two important legislation proposals. One proposal for a new EU Directive on flag state control and one proposal for a Directive amending the existing port state control Directive 2009/16. The two proposals have been published on 2 April 2012. These two Directives directly refer, in relation to the MLC themes covered, to the EU social partners framework agreement as implemented by the EU Directive 2009/13 of 16 February 2009.

8The relation between ILS and the EU labour law (Contd)

Another example of mutual nurturing of social rights between the EU and the ILO is given by a recent communication on CSR by the European Commission. On 25 October 2011, the Commission adopted its new CSR Communication entitled A renewed EU strategy 2011-2014 for Corporate Social Responsibility. The Communication refers to the ILO standards. It calls for All European-based multinational enterprises to make a commitment by 2014 to respect the ILO Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy.

9The relation between ILS and the EU labour law (Contd)

Limits and perspectivesWithin the ILO, the EC is a non-voting observer, unable to formally vote on the adoption of Conventions or Recommendations; nor is possible for the EU to ratify ILO ConventionsThe EU manages to play a more significant role in the day-to-day politics of ILO, through co-ordination by the Council Presidency and the European CommissionCoherence between the socials objectives of the EU and the ILO is particularly strong in the promotion of soft law activities and in the formulation of international economic and social policies. 10How to make more efficient the cooperation between ILS and EU labour lawThe EU has supported the recommendations of the World Commission such as through the Commission Communication of May 2004 on the social dimension of globalization and the communication of May 2006 on Decent Work. The European Council, the Council and the EESC have equally supported the outcome of the WCSDG and the Decent Work Agenda. The EU has also supported the adoption and implementation of the ILO 2008 Declaration and the 2009 ILO Global Jobs PactSustainable development and human rightsThe EU refers in its unilateral trade instruments (e.g. GSP, GSP plus) and in its new generation of free trade agreements to ILO core labour standards as well as to other international labour standards classified by ILO as up to date

11How to make more efficient the cooperation between ILS and EU labour law (Contd)

The influence of ILO anti-discrimination rules on the EU lawThe Equal Remuneration Convention, 1951 (No. 100), and the Discrimination (Employment and Occupation) Convention, 1958 (No. 111)The principles in question can be found in the EU legislation in a series of directives, issued over the last 30 years (lastly modified and recast through the Directive 2006/54) and in the rulings of the ECJArt. 2 of the TEU articulates the Unions values and is similarly clear on the need for respect for individuals and for certain groupsArt.19 of the TFEU provides a legal basis for the Council, acting unanimously, to take action to combat discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. Moreover, the European Court of Justice (ECJ) has potentially widened the scope of the article in many important judgments.12How to make more efficient the cooperation between ILS and EU labour law (Contd)

The influence of ILO anti-discrimination rules on the EU law (Contd)The above mentioned principles of the Treaties must be read in the light of the Charter of Nice (2000). Articles 20-26 contained therein set out the principle of equality before the law and the content of the right to equality. Directives Nos. 2000/43 and 2000/78. These provisions authorize action to penalize indirect discrimination and remove obstacles to the full implementation of the principle of non-discrimination. The directives include detailed definitions of direct and indirect discrimination, as well as harassmentOne of the lessons from the existing EU anti-discrimination legislation is that simply prohibiting discrimination is not a sufficient means of achieving full equality in practice. The forthcoming directive needs to complement new rights for individuals to challenge discrimination with wider measures designed to promote equality

13ConclusionsThe efforts being made at the international level for a better systematization of the bulk of the international labour standards are based on the assumption that the ILO Declaration on Social Justice for a Fair Globalization should be the framework for the implementation of the ILOs standards policy. International labour standards and EU labour law need to continue to progress hand-in-hand.Urgent need to establish of up-to-date body of international labour standards constituting an international labour code

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