64. The existing Treaties confer a specific role on the social partners in the field of social policy. Article 138 includes a general provision on this type of consultation and places an obligation on the Commission to consult representatives of employers and employees before submitting proposals in the social policy field. Article 137 stipulates that Member States may entrust management and labour with the implementation of certain directives. Article 139 opens up the possibility of establishing contractual relations, including agreements, between the Community and the social partners. Any framework agreement between employees and employers federations concluded on the basis of Article 139 may lead, on a proposal from the Commission, to the adoption by the Council of directives which exactly reproduce the agreement concluded. Five agreements, including two sectoral agreements, have been subject to this procedure, i.e.:

A sixth agreement, on teleworking, is now due to become a directive through this procedure.

65. Furthermore, an important role of employees and employers federations has been acknowledged in the "Lisbon process". It has taken the form of regular "social affairs summits" on the occasion of spring European Councils which offer management and labour the opportunity to give their point of view on the issues discussed by the Council.

66. The Group unanimously welcomed the role of employees and employers federations and the importance of social dialogue in Europe. It generally took the view that this role of employees and employers federations, already included in the treaties, should be recognised, facilitated and - as far as possible -enhanced with horizontal subsidiarity becoming an important consideration. It was agreed that this role should be specified in Title VI of the Constitution, and it was pointed out that this role should be distinct from that played by organised civil society, which should also be recognised.

67. The question of reviewing and/or defining the social partners more precisely was raised on several occasions, but the Group, respecting their autonomy, did not adopt this approach, noting, however, that retired persons organisations do form a component of the social dialogue. A few members suggested opening the Val Duchesse Process to other representative organisations. While endorsing the specific role of management and union bodies in negotiating pan European agreements, some members recommended flexibility in the definition of "social partnership" to include a wider relevant stakeholder group in all other social and economic consultations where negotiated agreements are not at issue.

68. It has often been stressed that the social partners should be consulted in all areas concerning them and a significant number of members of the Group made proposals for strengthening the role of the social partners and of social dialogue, particularly in macro- economic consultations, creation of legislation and, in order to facilitate negotiation at European level, by promoting mechanisms for conciliation and settlement of disputes and ensuring the effective exercise of the European partners' right to bargain and conclude enforceable voluntary collective agreements. Certain members nevertheless considered that the autonomy of the social partners should be respected and that the success of the social dialogue often made legislation superfluous. One member felt that a wider group of social and economic stakeholders should be involved in consultations with the European institutions on macro- economic issues. To allow Social Dialogue and Industrial Relations to freely develop at European level, provisions should be made to ensure the recognition of transnational trade union rights. The deletion of the provisions of the Treaty limiting the extent of negotiations was often proposed as a logical consequence of the recognition of the autonomy and freedom of action of management and labour. Several members also expressed the view that there should be joint adoption by both the Council and the Parliament.

69. The Group also expressed satisfaction with the growing importance of the social dialogue and stressed the major role that could be played by the organisation of tripartite social affairs summits held just before the spring European Councils. A number of members were in favour of formalising and/or institutionalising this process, by embodying it in the Constitutional Treaty, including aspects of composition and content. Others thought that the current arrangements offered greater flexibility. Finally, numerous comments were made on the recognition of the growing role of civil society and the recognition of a European statute for associations and for other forms of organisation such as private, non profit services. Some members stressed the importance that various sectors of organised civil society, such as the retired and others, could have in the future. The role of the Economic and Social Committee was also mentioned, while one member questioned its added value in this respect.

In conclusion, a consensus was reached within the Group on the following points: