Societal integration of EU member-states: towards single social areas. Monica Threlfall ISET, London Metropolitan University

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<ul><li> Slide 1 </li> <li> Societal integration of EU member-states: towards single social areas. Monica Threlfall ISET, London Metropolitan University Reference: European Social Integration: Harmonization, Convergence and Single Social Areas, Journal of European Social Policy 2003 Vol 13:2, pp.121-139, </li> <li> Slide 2 </li> <li> Rationale for social integration If integration = creating a single entity from separate units &gt; making parts into a whole If economic integration = Removal of trade barriers &gt; EU-wide business competition &gt; Single market If political integration = Joint decision-making &gt; common laws; a common parliament Then social integration is parallel process? Common social policies and laws adopted, but do they produce social integration? Do these social policies have the effect of removing barriers between member states? 1 </li> <li> Slide 3 </li> <li> Possible effects of social integration of MS A convergence of MS social trends? More similar? A harmonised pan-european legal social environment? A single European society? Isolated areas of integrated social institutions? Effect on the experience of residents in their daily lives? Eg experience no barriers Experience no more obstacles than they do in their own country in their everyday life 2 </li> <li> Slide 4 </li> <li> the nots Paper is not about europeanisation of policy- making, as this refers to at what level the decision is made Not a narrative of loss of decision-making autonomy by MS over social policy Not about the actors in social policymaking Not about MS poverty or social exclusion, ie lack of domestic social integration/cohesion in a MS Not about EU promoting high social standards 3 </li> <li> Slide 5 </li> <li> Any basis in Treaty of Rome? 1 Article 117 Treaty of Rome 1957 Membe r-states agree upon the need to promote better conditions of living and of work for workers, so as to make possible their harmonisation while improvement is being maintained. They believe that such a development will ensue not only from the functioning of the common market, which will favour the harmonisation of social systems, but also from the procedures provided for in this Treaty and from the approximation of provisions laid down by law, regulation or administrative action. 4 </li> <li> Slide 6 </li> <li> Possible interpretation There should be a convergence of standards - without the more advanced countries lowering theirs, so MS should be in harmony with each other. This will happen as part of the common market which will even favour the different social systems coming together. And also because the treaty facilitates it and because new laws and regulations will be adopted 5 </li> <li> Slide 7 </li> <li> Any basis in Treaty TFEU Art. 151? The Union and the Member States, having in mind fundamental social rights such as those set out in the European Social Charter signed at Turin on 18 October 1961 and in the 1989 Community Charter of the Fundamental Social Rights of Workers, shall have as their objectives the promotion of employment, improved living and working conditions, so as to make possible their harmonisation while the improvement is being maintained, 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. To this end the Union and the Member States shall implement measures which take account of the diverse forms of national practices, in particular in the field of contractual relations, and the need to maintain the competitiveness of the Unions economy. They believe that such a development will ensue not only from the functioning of the internal market, which will favour the harmonisation of social systems, but also from the procedures provided for in the Treaties and from the approximation of provisions laid down by law, regulation or administrative action. 6 </li> <li> Slide 8 </li> <li> EU social changemaking processes Supranational: Lawmaking: Treaties: Preambles [Principles] and Articles; Charters [Nice] Council of Ministers &amp; European Parliament Implementation of laws: ECJ case law; EU Monitoring centres EU level Policymaking: EP Committees [Employment &amp; Social Affairs]; EP reports Commission White &amp; Green Papers; Research Reports Action Programmes, Agencies eg EFIWLC; Expert Observatories 7 </li> <li> Slide 9 </li> <li> EU social changemaking processes 2 Intergovernmental policy influence: European Council of Heads of State &amp; Government Resolutions Open Method of Coordination venue MS policy direction: own parliamentary scrutiny &amp; reports Inter Non-governmental / societal: Lobbies, Networks; Forums; Central EU actions Structural Funds disbursements Special programme disbursements [Year of] Economic &amp; Social Committee reports Social Partner dialogues 8 </li> <li> Slide 10 </li> <li> Resulting levels of societal integration Criterion: good or poor, its the same all over EU Degree to which residents in a MS experience living in the EU as in a single country over certain aspects Degree of harmonised legal environment so that moving to work and live in another MS creates no more obstacles than moving within a country Degree of ease of cross-border consumption of goods and services compared to domestic Degree of cross-border validity of judicial orders affecting ordinary citizens 9 </li> <li> Slide 11 </li> <li> 10 </li> <li> Slide 12 </li> <li> Single labour market for jobseekers via free movement law Removal of work permit barriers &gt; from several labour markets to one Right to apply for jobs in all MS Single job search facility + MS-wide job advertisements Non-discrimination in pay &amp; conditions [tho these may vary high/low] Experience of employee comparable to seeking another job within 1 MS at basic level 11 </li> <li> Slide 13 </li> <li> Higher Education area Access to all HEI in EU = SSA Equal treatment in fees and access But no EU Commission competence to harmonise; Inter-governmental Bologna process to harmonise degree length format Cross-border secondary education feasible 12 </li> <li> Slide 14 </li> <li> Consumers &amp; Shopping Single shopping area Common guarantee period against faulty goods [Dir.199] EEJ-Net Extra-judicial networks for out-of-court settlement of consumer disputes across borders. 13 </li> <li> Slide 15 </li> <li> Workplace Heath &amp; Safety Most fully covered field: 50+ legal instruments [Regulations, Directives etc]) Field governed by QMV so MS agree to harmonise for high level of protection [race to the top?] Employees experience of risk is as in one country? fatal accidents falling and converging in all MS from a varied base 14 </li> <li> Slide 16 </li> <li> Working conditions Job protection 2 Directives Collective redundancies only after consultation Conditions protected on transfer/takeover of companies by new owner Weak approximation of conditions .. 15 </li> <li> Slide 17 </li> <li> Social insurance Aggregation of national insurance/social security entitlements gained from one country to another &gt; mutual recognition system [ not single EU level system ] Equal treatmen t of all MS workers re social insurance and pension contributions [non-discrimination] But entitlements and contributions vary between MS esp re pensions &gt; workers only transfer from one to another] Employees not living as in one country as generous/mean levels of state pension prevail [no harmonization] 16 </li> <li> Slide 18 </li> <li> Cross-border litigation To improve access to justice in cross-border cases 20+ legislative instruments Principle of mutual recognition of judgments and decisions re cross-border crime + extrajudicial decisions re cross-border civil cases [Art.67 TFEU] Direct judicial cooperation Ensuring that judgments in one country are recognised and enforced in other countries without difficulties European Arrest Warrant [cutting out extradition] 17 </li> <li> Slide 19 </li> <li> Persons involved in disputes Common rules re legal aid for party resident in a different MS to where court is sitting Pre-litigation advice + representation in court Costs of opposing party incurred by losing party even if latter is not resident in MS of sitting court Dependant on financial situation of recipient EFFECT: Legal aid levels not harmonised But access to it across EU as if living in one country [border removal] 18 </li> <li> Slide 20 </li> <li> Drivers and their victims EU-wide protection of victims of road accidents [0.5m pa] = SSA Harmonisation of car registration periods, seatbelt rules. EU-wide driving bans = SSA Mutual recognition of financial penalties for road traffic offences = SSA 19 </li> <li> Slide 21 </li> <li> Cross-national marriage and divorce 16m inter-national couples in EU EU empowered to take measures on family law with cross-border implications via special legislative procedure [Co Reg 1347 2000] MS agree spouses can choose under which countrys law to litigate (place of marriage, or residence of either party); provisions for agreement btw the two. i.e. fact of living in different countries makes no difference to this aspect of divorce proceedings. Country of litigation now ineffective Family court judgements are mobile ie apply equally across EU = SSA 20 </li> <li> Slide 22 </li> <li> Cross-border Healthcare No harmonisation of healthcare systems or provision, yet (building on Kohl and Decker 1998) Patients rights in cross-border healthcare situations and in access to treatments across borders (public systems) = SSA [ Dir 2011/24/EU] Agreement on common values and operational principles &gt;&gt; 18 Dir + Regs Cross-border reimbursement of costs incurred by citizens [with/ and without/ prior authorisation] Recognition of prescriptions Convergence of quality and specialisms via Euro Reference Networks; &amp; info via eHeath Network 21 </li> <li> Slide 23 </li> <li> Anti-discrimination policies Based on sex, racial or ethnic origin, religion or belief, disability, age, and sexual orientation are internal to MS, and if involve equal treatment, vary in standards Council: Joint action Plan to combat racism and xenophobia, 1996 [non-binding] = SSA? a harmonised environment of non- discrimination? Freedom from discrimination experienced in EU as in one country? 22 </li> <li> Slide 24 </li> <li> Single social areas for which EU nationals/legal residents? Job seekers Workers (workplace physical environment) Benefit claimants Women who have been trafficked Ethnic minorities? Disabled persons? Non-heterosexuals? Criminals (cross-border crime: organised, financial, computer, ecological, etc) Suspects of crime and defendants (domestic, but AWOL cross-border) Victims of crime Free movers as potential victims of administrative obstruction and crime Mixed nationality spouses Consumers Drivers Students Professionals doctors, architects, etc Asylum-seekers and failed ASs Sick resident free mover pensioners and other free movers accessing healthcare benefits in kind Patients seeking cross-border medical treatments, esp emergencies. 23 </li> <li> Slide 25 </li> <li> 24 </li> </ul>


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