1. On the issue of which values should be included in
Article 2 of the Constitutional
Treaty, the group welcomes the reference to human dignity in the preliminary draft
Constitutional Treaty, and recommends also the inclusion of the values of social justice,
solidarity and equality, in particular equality between men and women.
2. On the social objectives of the Union, the Group recommends that
Article 3 of the
Constitutional Treaty include the promotion of: full employment, social justice, social
peace, sustainable development, economic, social and territorial cohesion, social
market economy, quality of work, lifelong learning, social inclusion, a high degree of
social protection, equality between men and women, children's rights, a high level of
public health and efficient and high quality social services and services of general
interest.
3. On the competences of the Union in the social field, the Group considers in general
that the existing competences are adequate. However the Group suggests that these
could be further clarified, and that action at a European level should focus on issues
related to the functioning of the single market and/or areas with a considerable cross-
border impact. The Group considers that specific extensions to existing competences in
the area of public health should be envisaged as well as a possible re- drafting of Article
16 TEC in order to further enable EU legislation in the field of services of general interest.
4. The Group broadly supports the inclusion of the open method of coordination in
the
Treaty, in such a manner as to clarify the procedures and respective roles of those
involved. This provision should indicate clearly that the open method of coordination
cannot be used to undermine existing Union or Member State competence.
5. The Group agrees on the need to streamline the various economic and social
coordination processes, with the Spring European Council having responsibility for
ensuring coherence. It is recommended that the procedures needed to ensure this be
formalised in the Treaty.
6. Over qualified majority voting (QMV), the consensus reached by the Group was
limited to the position that, as a minimum, the compromise achieved in Nice with respect
to authorizing the Council to unanimously seek a changeover into codecision and QMV
for Article 137(d), (f) and (g) should be upheld in the Constitution. This would leave
subparagraph 137(1)(c) still subject to unanimity. Beyond that, a strongly expressed
minority opinion remained opposed to any automatic extension of QMV to social security
and employment relations while for most other members of the Group it was possible,
as of now, to envisage progress towards a majority decision system. A "superqualified
majority vote" was mentioned by some as a possible compromise. The Group agreed
that a better clarification of the scope of European action could be envisaged in order to
facilitate general use of qualified majority voting. In this context, the scope and language
of Article 137 could be updated and modernised. Most members of the Group pleaded
for codecision with qualified majority voting to be applied to Articles 13 and 42 TEC
7. The Group recommends that the role of the social partners be recognised explicitly
in
the Constitutional Treaty, that adequate consultation provisions should be included and
that the existing arrangements for negotiation of social agreements should be enhanced.
Civil society organisations should also be given an role, especially in combating social
exclusion, without prejudice to the existing special position of social partners in the social
dialogue process.