Social Chapter

The Social Chapter is the chapter of the 1997 Treaty of Amsterdam covering social policy issues, such as promotion of employment and improved living and working conditions. Prior to the Treaty of Amsterdam the "Agreement on Social Policy" protocol of the 1992 Maastricht Treaty was known as the "Social Chapter". The protocol became the Social Chapter proper of the Treaty of Amsterdam with minor amendments. The Social Chapter forms European Union law and is the basis for European Union social policy and legislation.

Early European Community social policy

In the 1957 Treaty of Rome, also known as the Treaty establishing the European Economic Community or EEC Treaty, the six states which established the European Economic Community agreed to "promote improved working conditions and an improved standard of living for workers" though the common market, and to favour "harmonization of social systems". The states also agreed to co-operate in the areas of employment, labour laws and working conditions, vocational training, social security, prevention of occupational accidents and diseases, hygiene at work, the right to form trade unions and of collective bargaining. The six states furthermore agreed that men and women should, in principle, receive equal pay for equal work, and that the social security of migrants was a common concern. The European Social Fund (ESF) was established to assist the employment of workers and increase geographical and occupational mobility. Until the first enlargement the ESF was mainly used to assist southern Italy, the area with the highest unemployment in the European Union at the time, and areas along the border of West Germany and East Germany.

With the first enlargement in 1973 a number of Social Action programs were established to encourage employment, improve working and living conditions. Employment policy was still regarded as primarily a member state concern and the funding of the ESF was modest compared to that of agricultural policy. With plans for the creation of a single market by 1992 social issues were back on the agenda. The 1986 Single European Act strengthened the social policy provisions in the Treaty of Rome, adding a commitment to improvements in workers' health and safety by allowing the European Council to adopt "minimum requirements for gradual implementation". It was noted that this should not be to the disadvantage of small and medium sized enterprises (SMEs). The Single European Act also provided that the European Commission should develop "the dialogue between management and labour", i.e. the "social partners", to assist in developing single market and technology legislation. The new emphasis on "economic and social cohesion" reflected the accession of the then poor European states Greece, Spain and Portugal. The Single European Act commits the member states to strengthening economic and social cohesion and to reduce disparities between the various regions. Economic and social cohesion was to be pursued through member states' economic policies, common policies and through structured funds. The European Regional Development Fund (ERDF) was established to help those regions lagging behind or where declining industries needed to be converted.

When the Treaty of Rome was negotiated in 1957 the six negotiating states thought that a move to a freer market should be matched with increased social welfare for citizens. The view that the European Union was not just about creating a single market across national borders, but about integrated progress, was shared by most states which subsequently joined the European Union. The minority view that social policy should not be the European Union's concern was most prominently expressed by British Prime Minister Margaret Thatcher in her 1988 Bruges speech, saying "We have not successfully rolled back the frontiers of the state in Britain only to see them re-imposed at a European level".

Development of the Social Chapter

In 1989 the European Commission President Jacques Delors asked "social partners" representatives to develop ideas on improving working conditions in the European Community as the single market was developed. A draft Social Charter was developed by UNICE, the employers' confederation, the European Trade Union Confederation (ETUC) and CEEP, the European Centre of Public Enterprises. A toned down version of was adopted as the Social Charter at the 1989 Strasbourg European Council. The Social Charter declares 30 general principles, including on fair remuneration of employment, health and safety at work, rights of disabled and elderly, the rights of workers, on vocational training and improvements of living conditions. The Social Charter became the basis for European Community legislation on these issues in 40 pieces of legislation.

The Social Charter was subsequently adopted in 1989 by 11 of the then 12 member states. The UK refused to sign the Social Charter and was exempt from the legislation covering Social Charter issues unless it agreed to be bound by the legislation. The UK subsequently was the only member state to vetoed the Social Charter being included as the "Social Chapter" of the 1992 Maastricht Treaty, instead an Agreement on Social Policy was added as a protocol. Again, the UK was exempt from legislation arising from the protocol, unless it agreed to be bound by it. The protocol was to become known as Social Chapter, despite not actually being a chapter of the Maastricht Treaty.

Adoption of the Social Chapter

To achieve aims of the Agreement on Social Policy, a protocol of the Maastricht Treaty known as the "Social Chapter" even so it was not a proper chapter of the treaty, the European Union was to "support and complement" the policies of member states. The aims of the Agreement on Social Policy are:

"promotion of employment, improving living and working conditions, 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"

The Agreement on Social Policy did not cover fair remuneration for employment, the right to form trade unions and the right to strike. Following the election of Tony Blair as UK Prime Minister in 1997 the UK formally subscribed to the Agreement on Social Policy, which allowed it to be included as a the Social Chapter of the 1997 Treaty of Amsterdam with minor amendments. The UK subsequently adopted the main legislation previously agreed under the Agreement on Social Policy, the 1994 Works Council Directive, which required workforce consultation in businesses, and the 1996 Parental Leave Directive.

European Union social policy

In the 10 years following the 1997 Treaty of Amsterdam and adoption of the Social Chapter the European Union has undertaken policy initiatives in various social policy areas, including labour and industry relations, equal opportunity, health and safety, public health, protection of children, the disabled and elderly, poverty, migrant workers, education, training and youth. These policy areas are now part of the Social Policy Agenda, implementing the social elements of the Lisbon strategy. European Union policy is in these areas is frequently delivered through programs such as the Socrates program for education, the Helios program for the disabled, and the NOW program for women in business. Various social policy is delivered through European Agencies, such as the Agency for Safety and Health at Work and the European Environment Agency.

See also

• Economic, social and cultural rights
• Workers rights
• Working Time Directive