Tag Archives: Solidarity

Enhancing the contribution of European social dialogue in an enlarged Europe

Outline of the Community (European Union) legislation about Enhancing the contribution of European social dialogue in an enlarged Europe

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social dialogue and employee participation

Enhancing the contribution of European social dialogue in an enlarged Europe

Document or Iniciative

Communication from the Commission. Partnership for change in an enlarged Europe – Enhancing the contribution of European social dialogue [COM(2004) 557 final – Not published in the Official Journal].

Summary

The European social model places great emphasis on the need for social dialogue. The purpose of this Communication is to promote awareness and understanding of the results of the European social dialogue, to improve their impact and to promote further developments based on effective interaction between different levels of industrial relations.

In addition, the enlargement of the EU also presents a challenge for the European social dialogue. Partnership will be of particular importance in managing the impact of continuing restructuring in these countries. Enlargement will also challenge the technical capacity of the European social partner organisations in the new Member States.

Following the Communications in 1998 on “Adapting and promoting the Social Dialogue at Community level” and in 2002 on “The European social dialogue, a force for innovation and change”, and against the backdrop of the mid-term review of the Lisbon Strategy, the Commission feels that it is a good time to take stock of the European social dialogue.

The main challenge ahead is to improve quality in work with a view to positively managing all dimensions of economic, social and environmental change in order to ensure sustainable development and social cohesion. The Commission calls on the European and national social partners to take part in a genuine partnership for change by stepping up their efforts to address the issues identified below:

improving adaptability through flexibility and security in the employment relationship;
investing in human capital and job quality through increased investment in health and safety at work and offering appropriate access to training;
attracting more people to the labour market in view of the future decline in the working age population.

If the European social partners are to make an effective contribution to achieving the objectives of the Lisbon Strategy, good interaction between the different levels of industrial relations is essential. The Commission urges the social partners and Member States to work together to reinforce the administrative capacities of national social partner organisations, for example through the possibilities provided by the structural funds – in particular the European Social Fund (ESF).

The results of the European social dialogue could therefore be improved by enhancing the synergies between the various sectors as well as between the European cross-industry and sectoral levels. For example, in the area of lifelong learning, some sectors (postal services, banking, cleaning industry) have referred to the cross-industry framework of actions.

The Commission also feels that the social partners could explore possible ways in which the European social dialogue and European works councils (EWCs) could complement one another. Increasingly, the range of issues being considered within EWCs is expanding beyond the core issues of company performance and employment to embrace subjects with a strong European dimension such as health and safety, equal opportunities, training and mobility, corporate social responsibility and environmental issues.

The Commission’s role in supporting social dialogue

According to Article 138(1), the Commission has the task of promoting the consultation of management and labour at Community level. It must therefore take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties. The Commission encourages the social partners to make use of the possibility for certain issues to be fleshed out through negotiations at all relevant levels and to step up support for the European social dialogue structures in the context of enlargement.

It is however important to note that, as the social partners are autonomous and social dialogue in the EU is based on the freedom of the right to association, capacity-building is essentially a bottom-up process depending on the efforts of the social partners themselves.

In order to identify the social partners to be consulted under Article 138 of the EC Treaty, the Commission carries out representativeness studies on the European organisations. It proposes that these studies should be carried out by the Dublin Foundation’s European Industrial Relations Observatory.

The Commission will raise the profile of the European social dialogue and assist the social partners in following up their texts by:

exploring ways of promoting the sharing of experience on follow-up practices;
providing support for the social partners which will be accessible on the social dialogue website;
reinforcing financial support for joint follow-up actions;
organising national seminars in each Member State in order to raise awareness of the importance of the European social dialogue for national industrial relations.

The Commission considers there to be a need for a framework to help improve the consistency of the social dialogue outcomes and to improve transparency. It will examine the possibility of drawing up a more extensive framework.

Background

The European social dialogue has evolved since it was introduced in 1985, and it is now well-established. Quantitatively, the work of the various social dialogue committees has resulted in the adoption of more than 300 joint texts by the social partners and they have undertaken many joint transnational projects. In qualitative terms, there has been a shift towards greater autonomy. This is reflected by the increasing adoption by the social partners of ‘new generation’ texts, characterised by the fact that they are to be followed up by the social partners themselves.

This evolution of the social dialogue is consistent with the Commission’s efforts to improve European governance. The social dialogue is a pioneering example of improved consultation and the application of subsidiarity in practice.

Related Acts

Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions – Improving quality in work: a review of recent progress [COM(2003) 728 final – Not published in the Official Journal]

Document by the European Commission’s Directorate-General for Employment and Social Affairs. Recent developments in the European inter-professional social dialogue 2002-03 [ ].

European Year for Combating Poverty and Social Exclusion

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European Year for Combating Poverty and Social Exclusion

Outline of the Community (European Union) legislation about European Year for Combating Poverty and Social Exclusion

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Employment and social policy > Social inclusion and the fight against poverty

European Year for Combating Poverty and Social Exclusion (2010)

The fight against poverty and social exclusion is a primary objective of the European Union (EU) and its Member States. A significant part of the European population is in a situation of poverty and lacks access to basic services. The launch of a European Year dedicated to this objective is intended to give a new impetus to the process of social inclusion.

Document or Iniciative

Decision No 1098/2008/EC of the European Parliament and of the Council of 22 October 2008 on the European Year for Combating Poverty and Social Exclusion (2010) (Text with EEA relevance).

Summary

On the occasion of the European Year 2010, the European Union (EU) reaffirms its commitment to the fight against poverty and social exclusion. It promotes a social model contributing to the welfare of individuals, their participation in society and the economic development of Europe.

The fight against poverty and social exclusion is linked to a series of socioeconomic and cultural factors which call for multidimensional strategies of national, regional and local dimension. It requires the participation of public authorities and individuals alike.

Objectives and beneficiaries

This initiative aims at informing European citizens but also to give a voice to people in a situation of poverty and social exclusion.

In accordance with the European principles of solidarity and social justice, the Year will have four guiding principles.

Recognition of the fundamental right of people in a situation of poverty to live in dignity and to play a full part in society. In particular, the aim is to guarantee access to resources, social services, culture and leisure.

Promotion of social cohesion,in the form of actions to enhance quality of life, social welfare, equal opportunities and sustainable development, by promoting an employment market that is open to all and the principle of equality in education and training. In particular, these actions will target victims of discrimination, people with disabilities, children and situations of family poverty, vulnerable groups or groups in a situation of extreme poverty.

Shared responsibility and collective and individual participation, to expand the role of all public or private actors in the fight against poverty and social exclusion.

Commitment and political action by the Member States and the EU, and the intensification of actions taken at all levels of authority. In this respect, the potential of the open method of coordination (OMC[m1]) introduced by the EU in 2000 in the fields of social protection and inclusion must be better exploited.

Actions and procedure

This initiative will give rise to actions launched at Community and national level. They will take the form of public awareness campaigns, innovative and creative initiatives, or meetings, discussions and studies. A committee of representatives of the Member States will support the Commission in the implementation of the European Year.

The Member States shall carry out these actions through national programmes adapting the Community guidelines to the challenges and priorities of each country. Each Member State shall appoint a body to prepare and implement these programmes. Those bodies will cooperate with civil society, the social partners, and regional and local authorities.

These objectives should be pursued both within the EU and beyond its borders. The initiative is open to participation by European Free Trade Association (EFTA) States, candidate countries for EU accession and third countries covered by the European Neighbourhood Policy (ENP).

Context

The building of a society which is founded on social inclusion and on reducing poverty is one of the essential priorities of the EU. At the Lisbon summit in 2000 the Member States committed themselves to making progress towards the elimination of poverty in Europe by 2010.

Carried out in the context of the process of social inclusion, their actions require the wider participation of all the actors involved.

Act	Entry into force	Deadline for transposition in the Member States	Official Journal
Decision 1098/2008/EC	27.11.2008	–	OJ L 298 of 7.11.2008

Framework programme on solidarity and management of migration flows for the period 2007-2013

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Framework programme on solidarity and management of migration flows for the period 2007-2013

Outline of the Community (European Union) legislation about Framework programme on solidarity and management of migration flows for the period 2007-2013

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Justice freedom and security > Free movement of persons asylum and immigration

Framework programme on solidarity and management of migration flows for the period 2007-2013

Document or Iniciative

Communication from the Commission to the Council and the European Parliament establishing a framework programme on solidarity and management of migration flows for the period 2007-2013 [COM(2005) 123 final – Not published in the Official Journal].

Summary

The framework programme will establish financial solidarity mechanisms covering four areas:

controls and surveillance of external borders;
return of Non-EU Member Country nationals residing illegally in the EU;
integration of legally resident Non-EU Member Country nationals;
asylum.

The communication, which maps out the broad lines of the framework programme, is accompanied by four proposals that constitute the instruments setting up four funds corresponding to each of the four policy areas.

The overall amount envisaged for the framework programme “Solidarity and management of migratory flows” is EUR 5 866 million for the period 2007-2013. The following amounts will also be provided:

EUR 285.1 million for the FRONTEX Agency;
EUR 900 million for the implementation of large-scale information systems;
EUR 62.3 million for the setting up of a European Migration Observatory.

This proposal presses ahead with the implementation of the second stage of the ERF, which was launched by a decision of December 2004 and covers the period 2005-2010.

It sets out to harmonise the ERF schedule with those proposed for the other three instruments. Its duration is extended until 2013 and the new provisions will enter into force on 1 January 2008 so as to allow the multiannual programming cycle provided for by the decision of December 2004 to be applied in full. This will result in a third multiannual programme (2011-2013).

External Frontiers Fund

The Hague Programme underlines the need for a fair sharing of responsibility between Member States regarding the management and surveillance of external borders. This proposal is in response to this request and lays down four main policy objectives for burden sharing between the Member States and the European Union.

In order to express the notion of solidarity, the bulk of the allocations to the Member States would be determined on the basis of a distribution key defining the relative share of Member States.

European Integration Fund

This project follows on from pilot integration projects carried out in 2002. These initiatives, known as INTI, have proved very fruitful. This is the reason why the Commission launched the idea of a European Integration Fund at an interministerial conference on integration during the Dutch Presidency.

European Return Fund

In The Hague Programme the European Council called for the establishment of a European Return Fund. This proposal is in response to that request.

Background

The framework programme is designed to improve management of migratory flows at European Union level and to strengthen solidarity between Member States. It forms part of the Financial Perspective 2007-2013. Its objective is to ensure multiannual EU programming in different areas (integrated border management and asylum, integration and return policies).

The programme follows on from current programmes (such as the ERF), previous programmes (Argo and Odysseus) and preparatory actions (such as the INTI).

Related Acts

Commission Decision 2008/22/EC of 19 December 2007 laying down rules for the implementation of Decision No 573/2007/EC of the European Parliament and of the Council establishing the European Refugee Fund for the period 2008 to 2013 as part of the General programme “Solidarity and Management of Migration Flows” as regards Member States’ management and control systems, the rules for administrative and financial management and the eligibility of expenditure on projects co-financed by the Fund [Official Journal L 17 of 10.1.2008]

This decision provides a whole range of additional information on the decisions establishing the European Refugee Fund, the External Borders Fund, the European Return Fund and the European Fund for the Integration of Non-EU Member Country Nationals. It gives details relating to the implementation of these decisions, particularly as regards designated authorities, information to be provided by the Member States to the Commission, reporting of irregularities and personal data.

Community programme for employment and solidarity – PROGRESS

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Community programme for employment and solidarity – PROGRESS

Outline of the Community (European Union) legislation about Community programme for employment and solidarity – PROGRESS

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These categories group together and put in context the legislative and non-legislative initiatives which deal with the same topic.

Anti-discrimination and relations with civil society

Community programme for employment and solidarity – PROGRESS (2007-2013)

Document or Iniciative

Decision No 1672/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community Programme for Employment and Social Solidarity — PROGRESS [Official Journal L 315 of 15.11.2006] [See amending act(s)].

Summary

Up to now, Community activities in the fields of employment, social inclusion and protection, promoting gender equality and the principle of non-discrimination have been supported by separate action programmes.

With a view to improving coherence and efficiency, the European Commission has proposed to group these subjects together in a single framework programme known as PROGRESS.

GENERAL OBJECTIVES

The programme has six objectives:

to improve knowledge and understanding of the social situation of the Member States through analysis, evaluation and close monitoring of policies;
to support the development of statistical tools and methods and common indicators;
to support and monitor the implementation of legislation and policy objectives;
to promote networking, mutual learning, and the identification and dissemination of good practice at EU level;
to make stakeholders and the general public aware of European Union (EU) policies in the fields of employment, social protection and inclusion, working conditions, diversity and non-discrimination, and equality between men and women;
to boost the capacity of the key EU networks to promote and support EU policies.

STRUCTURE: FIELDS OF ACTIVITY AND TYPES OF ACTION

The programme is divided into the following five sections:

employment;
social protection and inclusion;
working conditions;
diversity and combating discrimination;
equality between women and men.

The programme will finance the following types of action:

analyses;
mutual learning, awareness-raising and dissemination activities;
support for the main players; i.e. contributing to the operating costs of the main networks in the Union, the formation of working groups, funding training seminars, creating networks of specialist bodies and observatories at EU level, staff exchanges between national administrations and cooperation with international institutions.

The programme has a list of operational objectives for each of the sections.

Employment

The objective of this section is to support implementation of the European Employment Strategy by:

improving understanding of the employment situation, in particular through analyses and studies and the development of statistics and indicators;
monitoring and evaluating the implementation of the European Employment Guidelines and Recommendations and analysing the interaction between the EES and other policy areas;
organising exchanges on policies and processes and promoting mutual learning in the context of the EES;
reinforcing awareness-raising, disseminating information and promoting debate, in particular among regional and local players and the social partners.

Social protection and inclusion

This section will support the implementation of the Open Method of Coordination in the field of social protection and inclusion by:

improving understanding of poverty issues and social protection and inclusion policies, in particular through analyses and studies and the development of statistics and indicators;
monitoring and evaluating the implementation of the Open Method of Coordination in the field of social protection and inclusion and analysing the interaction between this method and other policy areas;
organising exchanges on policies and processes and promoting mutual learning in the context of the social protection and inclusion strategy;
raising awareness, disseminating information and promoting debate, in particular among NGOs and regional and local players;
developing the ability of the main EU networks (e.g. of national experts or NGOs) to pursue the EU’s policy objectives.

Working conditions

This section will support the improvement of the working environment and conditions, including health and safety at work, by:

improving the understanding of the situation in relation to working conditions, in particular through analyses and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;
supporting the implementation of EU labour law through reinforced monitoring, training of practitioners, development of guides and networking amongst specialised bodies;
initiating preventive actions and fostering the prevention culture in the field of health and safety at work;
raising awareness, disseminating information and promoting the debate about the main challenges and policy issues relating to working conditions.

Diversity and combating discrimination

This section will support the effective implementation of the principle of non-discrimination and promote its mainstreaming in EU policies by:

improving understanding of the discrimination situation, in particular through analyses and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;
supporting the implementation of EU anti-discrimination legislation through reinforced monitoring, training of practitioners and networking amongst specialised bodies dealing with combating discrimination;
raising awareness, disseminating information and promoting the debate about the main challenges and policy issues in relation to discrimination and the mainstreaming of anti-discrimination in EU policies;
developing the ability of the main EU networks (e.g. of national experts or NGOs) to pursue the Union’s policy objectives.

Gender equality

This section will support the effective implementation of the principle of gender equality and promote gender mainstreaming in EU policies by:

improving the understanding of the situation in relation to gender equality issues and gender mainstreaming, in particular through analyses and studies and the development of statistics and indicators, as well as assessing the impact of existing legislation, policies and practices;
supporting the implementation of EU gender equality legislation through reinforced monitoring, training of practitioners and networking amongst specialised equality bodies;
raising awareness, disseminating information and promoting debate about the main challenges and policy issues in relation to gender equality and gender mainstreaming;
developing the ability of the main EU networks (e.g. of national experts or NGOs) to pursue the Union’s policy objectives.

ACCESS TO THE PROGRAMME AND PARTICIPATION BY THIRD COUNTRIES

Access to this programme is open to all public and/or private bodies, players and institutions, in particular:

Member States;
public employment services;
local and regional authorities;
specialised bodies provided for under EU legislation;
the social partners;
non-governmental organisations organised at EU level;
universities and research institutes;
experts in evaluation;
the national statistical institutes;
the media.

The programme is also open to the EFTA/EEA countries, associated candidate countries and countries of the western Balkans participating in the stabilisation and association process.

TYPES OF ASSISTANCE AVAILABLE

Actions may be funded by:

a service contract following a call for tenders;
a partial subsidy following a call for proposals. In this case, the EU co-financing may not, as a general rule, exceed 80 % of the total expenditure incurred by the recipient.

FINANCING

The budget proposed is EUR 683 250 000 million for the period 2007-2013. The breakdown of funding between the different sections will comply with the following lower limits:

Employment 23 %
Social protection and inclusion 30 %
Working conditions 10 %
Diversity and combating discrimination 23 %
Gender equality 12 %.

The remaining 2 % will be used to cover programme management expenses.

A budget of EUR 60 million has been allocated to the new microfinance facility Progress for employment and social inclusion for the period 2007-2013.

SIMPLIFICATION

The proposed approach will contribute to the key objective of simplifying instruments, in both legal and management terms, and streamlining the budget structure.

In the implementation of the programme, the Commission will be assisted by a single Programme Committee, instead of four as previously.

MONITORING AND EVALUATION

The Commission will draw up annual activity reports and send them to the Programme Committee. The programme will also be subject to a mid-term evaluation. An ex-post evaluation covering the whole programme will be carried out, one year after it ends, by the Commission with the assistance of external experts, in order to measure the impact of the programme objectives and its EU added value.

BACKGROUND

In its 2004 communication on the new financial framework for 2007-2013, the Commission identified the implementation of the social policy agenda as an important tool contributing to the goal of competitiveness for growth and employment.

In order to achieve the Lisbon objectives, the social policy agenda is based on a combination of instruments, in particular legislation, the Open Method of Coordination, European social dialogue, and the European Social Fund and other financial instruments managed directly by the Commission.

PROGRESS responds to the Commission’s desire to simplify and rationalise the financial instruments in the area of employment and social policy.

References

Act	Entry into force and expiry date	Deadline for transposition in the Member States	Official Journal
Decision 1672/2006/EC	1.1.2007 – 31.12.2013	–	OJ L315 of 15.11.2006

Amending Act(s)	Entry into force date	Deadline for transposition in the Member States	Official Journal
Decision 284/2010/EU	8.4.2010	–	OJ L 87 of 7.4.2010

Related Acts

Decision 283/2010/UE of the European Parliament and of the Council of 25 March 2010 establishing a European Progress Microfinance Facility for employment and social inclusion [Official Journal L 87 of 7.4.2010].
The new Progress microfinance facility shall finance:

the creation of businesses or self-employment by persons excluded from the labour market and persons who do not have access to the conventional credit market;
micro-enterprises who employ persons who are socially excluded.

This instrument is aimed at public and private bodies who offer microfinance to individuals or micro-enterprises.

Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions of 3 June 2009 – “A Shared Commitment for Employment” [COM(2009) 257 final – Not published in the Official Journal].

Charter of Fundamental Rights

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Charter of Fundamental Rights

Outline of the Community (European Union) legislation about Charter of Fundamental Rights

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Anti-discrimination and relations with civil society

Charter of Fundamental Rights

In June 1999, the Cologne European Council concluded that the fundamental rights applicable at European Union (EU) level should be consolidated in a charter to give them greater visibility. The heads of state/government aspired to include in the charter the general principles set out in the 1950 European Convention on Human Rights and those derived from the constitutional traditions common to EU countries. In addition, the charter was to include the fundamental rights that apply to EU citizens as well as the economic and social rights contained in the Council of Europe Social Charter and the Community Charter of Fundamental Social Rights of Workers. It would also reflect the principles derived from the case law of the Court of Justice and the European Court of Human Rights.

The charter was drawn up by a convention consisting of a representative from each EU country and the European Commission, as well as members of the European Parliament and national parliaments. It was formally proclaimed in Nice in December 2000 by the European Parliament, Council and Commission.

In December 2009, with the entry into force of the Lisbon Treaty, the charter was given binding legal effect equal to the Treaties. To this end, the charter was amended and proclaimed a second time in December 2007.

Content

The charter brings together in a single document rights previously found in a variety of legislative instruments, such as in national and EU laws, as well as in international conventions from the Council of Europe, the United Nations (UN) and the International Labour Organisation (ILO). By making fundamental rights clearer and more visible, it creates legal certainty within the EU.

The Charter of Fundamental Rightscontains a preamble and 54 Articles, grouped in seven chapters:

chapter I: dignity (human dignity, the right to life, the right to the integrity of the person, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of slavery and forced labour);
chapter II: freedoms (the right to liberty and security, respect for private and family life, protection of personal data, the right to marry and found a family, freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association, freedom of the arts and sciences, the right to education, freedom to choose an occupation and the right to engage in work, freedom to conduct a business, the right to property, the right to asylum, protection in the event of removal, expulsion or extradition);
chapter III: equality (equality before the law, non-discrimination, cultural, religious and linguistic diversity, equality between men and women, the rights of the child, the rights of the elderly, integration of persons with disabilities);
chapter IV: solidarity (workers’ right to information and consultation within the undertaking, the right of collective bargaining and action, the right of access to placement services, protection in the event of unjustified dismissal, fair and just working conditions, prohibition of child labour and protection of young people at work, family and professional life, social security and social assistance, health care, access to services of general economic interest, environmental protection, consumer protection);
chapter V: citizens’ rights (the right to vote and stand as a candidate at elections to the European Parliament and at municipal elections, the right to good administration, the right of access to documents, European Ombudsman, the right to petition, freedom of movement and residence, diplomatic and consular protection);
chapter VI: justice (the right to an effective remedy and a fair trial, presumption of innocence and the right of defence, principles of legality and proportionality of criminal offences and penalties, the right not to be tried or punished twice in criminal proceedings for the same criminal offence);
chapter VII: general provisions.

Scope

The charter applies to the European institutions, subject to the principle of subsidiarity, and may under no circumstances extend the powers and tasks conferred on them by the Treaties. The charter also applies to EU countries when they implement EU law.

If any of the rights correspond to rights guaranteed by the European Convention on Human Rights, the meaning and scope of those rights is to be the same as defined by the convention, though EU law may provide for more extensive protection. Any of the rights derived from the common constitutional traditions of EU countries must be interpreted in accordance to those traditions.

Protocol (No) 30 to the Treaties on the application of the charter to Poland and the United Kingdom restricts the interpretation of the charter by the Court of Justice and the national courts of these two countries, in particular regarding rights relating to solidarity (chapter IV).

Another Normative about Charter of Fundamental Rights

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Justice freedom and security > Citizenship of the Union

Charter of Fundamental Rights

Content

The Charter of Fundamental Rightscontains a preamble and 54 Articles, grouped in seven chapters:

chapter I: dignity (human dignity, the right to life, the right to the integrity of the person, prohibition of torture and inhuman or degrading treatment or punishment, prohibition of slavery and forced labour);
chapter II: freedoms (the right to liberty and security, respect for private and family life, protection of personal data, the right to marry and found a family, freedom of thought, conscience and religion, freedom of expression and information, freedom of assembly and association, freedom of the arts and sciences, the right to education, freedom to choose an occupation and the right to engage in work, freedom to conduct a business, the right to property, the right to asylum, protection in the event of removal, expulsion or extradition);
chapter III: equality (equality before the law, non-discrimination, cultural, religious and linguistic diversity, equality between men and women, the rights of the child, the rights of the elderly, integration of persons with disabilities);
chapter IV: solidarity (workers’ right to information and consultation within the undertaking, the right of collective bargaining and action, the right of access to placement services, protection in the event of unjustified dismissal, fair and just working conditions, prohibition of child labour and protection of young people at work, family and professional life, social security and social assistance, health care, access to services of general economic interest, environmental protection, consumer protection);
chapter V: citizens’ rights (the right to vote and stand as a candidate at elections to the European Parliament and at municipal elections, the right to good administration, the right of access to documents, European Ombudsman, the right to petition, freedom of movement and residence, diplomatic and consular protection);
chapter VI: justice (the right to an effective remedy and a fair trial, presumption of innocence and the right of defence, principles of legality and proportionality of criminal offences and penalties, the right not to be tried or punished twice in criminal proceedings for the same criminal offence);
chapter VII: general provisions.

Scope

Energy

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Energy

Outline of the Community (European Union) legislation about Energy

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Energy

Energy is what makes Europe tick. It is essential, then, for the European Union (EU) to address the major energy challenges facing us today, i.e. climate change, our increasing dependence on imports, the strain on energy resources and access for all users to affordable, secure energy. The EU is putting in place an ambitious energy policy – covering the full range of energy sources from fossil fuels (oil, gas and coal) to nuclear energy and renewables (solar, wind, biomass, geothermal, hydro-electric and tidal) – in a bid to spark a new industrial revolution that will deliver a low-energy economy, whilst making the energy we do consume more secure, competitive and sustainable.

Energy Contents

European energy policy: Energy policy for Europe, Market-based instruments, Energy technologies, Financial instruments
Internal energy market: The market in gas and in electricity, Trans-European energy networks, Infrastructure, Security of supply, Public procurement, Taxation
Energy efficiency: Energy efficiency of products, Buildings and services
Renewable energy: Electricity, Heating and cooling, Biofuels
Nuclear energy: Euratom, Research and technology, Safety, Waste
Security of supply, external dimension and enlargement: Security of supply, External relations, European Energy Charter, Treaty establishing the Energy Community, Enlargement

Another Normative about Energy

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Institutional affairs > Building europe through the treaties > The Lisbon Treaty: a comprehensive guide

Energy

The Treaty of Lisbon recognises the importance of energy policy by dedicating a specific chapter to it in the founding Treaties of the European Union (EU). The EU henceforth has clearly defined competences in order to meet the common objectives of Member States on energy-related matters.

The international situation and the development of energy-related issues have demonstrated the importance of a European energy policy. A European response is therefore the most effective way of dealing with issues such as environmental protection, the security of energy supply and the dialogue with energy producing countries.

A NEW LEGAL BASIS FOR ENERGY POLICY AT EUROPEAN LEVEL

Before the Treaty of Lisbon entered into force, the founding Treaties of the EU did not include a specific provision on EU intervention in the field of energy.

Henceforth, the Treaty of Lisbon introduces a specific legal basis for the field of energy with the creation of Article 194 of the Treaty on the Functioning of the EU. In particular, this innovation makes it possible to explain and clarify EU action in the area of energy.

The EU is entitled to take measures at European level to:

ensure the functioning of the energy market;
ensure security of energy supply;
promote energy efficiency;
promote the interconnection of energy networks.

Furthermore, the European Council and the European Parliament shall adopt legislative acts based on the ordinary legislative procedure after consultation of the Committee of the Regions and the European Economic and Social Committee. However, for the adoption of measures of a fiscal nature, the Council shall act unanimously after consultation with the Parliament.

THE DELIMITATION OF EU COMPETENCES IN THE FIELD OF ENERGY

Energy henceforth forms part of the shared competences between the EU and Member States and is therefore subject to the principle of subsidiarity. As a consequence, the EU may only intervene if it is capable of acting more effectively than Member States.

In addition, the Treaty of Lisbon specifies that the EU may not intervene in Member States’ choices in relation to their energy supply sources, unless it does so unanimously and on environmental grounds (Article 192 of the Treaty on the Functioning of the EU). In particular, such a restriction covers the underlying issue of nuclear energy. Situations and positions vary enormously from one European country to another on this subject.

Finally, the Treaty of Lisbon makes reference to the “spirit of solidarity” which should prevail between Member States in the implementation of European energy policy. This solidarity will prove to be important, particularly in times of crisis: if one or more Member States face a cut in supply, they could then rely on a supply of energy from the other Member States.

Enhancing the contribution of European social dialogue in an enlarged Europe

Outline of the Community (European Union) legislation about Enhancing the contribution of European social dialogue in an enlarged Europe

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Enhancing the contribution of European social dialogue in an enlarged Europe

Document or Iniciative

Summary

Related Acts

European Year for Combating Poverty and Social Exclusion

Outline of the Community (European Union) legislation about European Year for Combating Poverty and Social Exclusion

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European Year for Combating Poverty and Social Exclusion (2010)

Document or Iniciative

Summary

Framework programme on solidarity and management of migration flows for the period 2007-2013

Outline of the Community (European Union) legislation about Framework programme on solidarity and management of migration flows for the period 2007-2013

Topics

Framework programme on solidarity and management of migration flows for the period 2007-2013

Document or Iniciative

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