[FR] The foundations of the European Social Charter are 20 years old

It was before the Congress of the European Trade Union Confederation in Stockholm on 12 May 1988 that Jacques Delors, President of the European Commission, announced three initiatives for a “political revival” of Europe. These included a European Social Charter: “Why, for example, as suggested by the Belgian Presidency and provided for in the social programme of the European Trade Union Confederation, should the European Community not adopt a “core” of guaranteed social rights based on the European Social Charter (that of the Council of Europe)? This “platform” could be negotiated by the social partners and then translated into Community legislation. It would serve as a basis for social dialogue and the strengthening of European social cohesion. It would be binding in nature.”

This was the starting point for a long process which fortunately culminated in the political and legal recognition of the Charter of Fundamental Rights, enshrined in the Treaty of Lisbon.
In November 1988, Jacques Delors, President of the European Commission, asked the European Economic and Social Committee (EESC) to draw up an opinion on the conditions for establishing a Charter of Fundamental Social Rights. The preparation of this opinion lasted until 22 February 1989, when, after some very heated debates, it was adopted by a large majority of EESC members, with 135 votes in favour and 22 against. On the basis of this opinion, the European Commission proposed a Community Charter of Fundamental Rights to the European Council on 9 December 1989 in Strasbourg, under the French Presidency. This proposal was adopted by 11 of the 12 heads of state or government (Mrs Thatcher refused to adopt the proposal). However, its adoption was a political act with no legal effect. It was followed by the drafting of a social action programme of 47 proposals that would relaunch social policy legislation. It was not until Tony Blair came to power that this text was adopted by the United Kingdom in 1998.

What debates, what procrastination, what collective action by civil society, what texts, what institutional implications: European Commission, European Parliament, European Council, European Economic and Social Committee – what did it take to achieve this objective: to provide the European Union with a Social Charter establishing a basis of guaranteed rights for all, thereby illustrating the European values of democracy, freedom, solidarity and rights. This is a bonus for citizens of EU Member States that are lagging behind in terms of rights, giving them the opportunity to enjoy the same rights that already exist in other Member States. This is a significant step forward, just over 20 years after the proposal was first announced. The charter is still being debated today, which clearly shows that its content is not neutral. The United Kingdom and Poland have requested and obtained exemption from the application of the Lisbon Treaty in this area. And even today, the Czech President, against the will of his parliament, which ratified the Lisbon Treaty after legal wrangling over the Czech Constitution, has put forward one of the last arguments for exempting the Czech Republic from the implementation of the Charter of Fundamental Rights! Admittedly, the Lisbon Treaty will now be ratified… but at what cost! The citizens of three Member States will not benefit from the application of fundamental rights… until other governments in Poland, the United Kingdom and the Czech Republic decide to ratify the Charter, which is possible at any time.

On Monday 30 November 2009, from 9.30 a.m. to 5.30 p.m., a conference organised by the EESC in partnership with Notre Europe will be held in Brussels in the midst of the current debate on the same subject, 20 years after the launch of the project. This will be an opportunity to mark this important event by giving it concrete prospects for the future, now that the Charter of Fundamental Rights has finally been politically and legally incorporated into the Treaty. It has been a long and arduous journey. It is now up to all of us to ensure that it is implemented.