92002E0396

WRITTEN QUESTION P-0396/02

by Eluned Morgan (PSE) to the Commission

(11 February 2002)

Subject: Economic and Social Committee (ESC)

Why does the Commission consult both the Economic and Social Committee and have a facility and a duty under the terms of the Amsterdam Treaty to consult the social partners? What line does the Commission take if the opinions of the two are contradictory? How is this justified?

Answer given by Mr Prodi on behalf of the Commission

(19 March 2002)

The role of the social partners in social dialogue is clearly defined by the EC Treaty, with Article 139 allowing management and labour to adopt framework agreements which may be translated into Community law if the social partners so request. Article 137 lays down the areas in which consultation of the social partners is a prerequisite for the exercise of the Commission's right of initiative. And Article 138 sets out the arrangements for such consultation.

Reflecting practice in the various Member States, European social dialogue takes place between autonomous social partners and leads to freely negotiated agreements.

By contrast, the Economic and Social Committee, whose members include representatives of the social partners and other categories provided for by the EC Treaty, is primarily consulted in connection with the legislative procedure. It is consulted by the Commission, the Council and Parliament when proposals are being drafted or once they have been presented. Consultation is compulsory where provided for in the EC Treaty and optional otherwise.

The Committee issues a single opinion, which is more of a synthesis of the various positions than the result of negotiations between the social partners.

Clearly, because of the progressive enhancement of the role of the social partners and their desire to retain their autonomy vis-à-vis an organisation in which they are represented, the composition and role of the Committee are changing. This is clearly reflected in the Treaty of Nice, with the shift towards broader representation of civil society and structures which do not essentially represent the social and economic partners. At the same time, with the prospect of enlargement, the Committee has an important role to play in preparing civil society in the candidate countries, particularly in those cases where the Association Council has set up a joint economic and social consultative committee.

These will enhance the complementary nature of the two consultation processes, involving the social partners and the Committee.