Employment, Environment, And A People's Europe

Employment

Employment

A new title on employment is inserted in the treaty. Member states are already required to regard their economic policy as a matter of common concern but the new treaty reinforces the obligation by insisting on: "the promotion of co-ordination between employment policies of the member states with a view to enhancing their effectiveness by developing a co-ordinated strategy for employment" .

The treaty requires the member states to operate within the commonly agreed broad economic guidelines and specific employment guidelines and to co-ordinate their activities regularly. They must report annually on their work.

In reality such a monitoring system has already been put in place by the Luxembourg summit ahead of the treaty's ratification, a reality that emphasises how the treaty amendments in this area largely simply copperfasten agreed policy.

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The treaty allows some spending in this area on "incentive measures", largely co-ordination and exchange of best practise.

Social Policy

Amsterdam ends the British opt-out on social policy, bringing all member states under the common framework. The result, from an Irish perspective, is largely to leave us unaffected by the changes.

Ireland was successful, however, in getting incorporated a new clause on social exclusion. This copperfastens the legally disputed right of the Union to spend limited sums on "incentive measures" in the field of social exclusion - small-scale funding of innovative projects and the exchange of information and best practise. Voting is now by qualified majority instead of unanimity, which should allow the re-launch of the Union's Poverty IV programme, blocked by the Germans for the last two years.

The treaty strengthens support for social dialogue at EU level.

Discrimination

Amsterdam strengthens the legal competence of the Union to actively oppose discrimination "based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation" .

The Union is specifically empowered to adopt rules preventing discrimination on grounds of nationality and the treaty reinforces the provisions on discrimination against women at work by adding a reference to "work of equal value" .

In the wake of a decision of the European Court of Justice (Kalanke) it enshrines the right of member states to take positive action to promote women or men if they are under-represented in the workforce - "the principle of equal treatment shall not prevent any member state from maintaining or adopting measures providing for specific advantage in order to make it easier for the underrepresented sex to pursue a vocational activity or to prevent or compensate for disadvantages in professional careers"

Environment

The Treaty strengthens the Union's environmental commitment by incorporating in the preamble and the appropriate chapter references to "the principle of sustainable development" "balanced and sustainable development" .

And the treaty reinforces the commitment that "environmental protection requirements must be integrated into the definition and implementation of other Community policies" .

Amsterdam also goes some way to meet Nordic concerns that the European Court might force them to abandon higher national standards of environmental protection to comply with single market requirements. The treaty requires the Commission in making proposals under the single market "to take as a base a high level of protection, taking account in particular of any new development based on scientific facts" .

Where member states want to maintain or introduce new higher national standards of environmental protection, they may be allowed a derogation from harmonisation but only after detailed scrutiny by the Commission.

Public health

In the wake of the BSE and blood crises Amsterdam strengthens co-operation between member states on pubic health issues, specifically by allowing the Community to set standards in relation to human organs and blood and to take measures to protect human health from diseases in plants and animals.

The Union will also promote research and education and support member states' anti-drugs health programmes.

Consumer protection

While recognising that the issue is primarily one for the member states, Amsterdam introduces the concept of promoting consumer rights to the treaties and allows the Union to support financially consumer groups for the first time. The treaty also requires that "consumer protection requirements shall be taken into account in defining and implementing other Community policies and activities"

Citizenship

The existing provision that "Citizenship of the Union is hereby established. Every person holding the nationality of a member state shall be a citizen of the Union" is supplemented at Danish request by the following: "Citizenship of the Union shall complement not replace national citizenship"

The Irish language

The Treaty adds a provision allowing citizens to correspond with institutions of the Union in any of the 12 treaty languages and expect a reply in that language. While Irish is a treaty language, however, it still is not one of the official or working languages in which the Union conducts its day to day business.

Subsidiarity and transparency

The Treaty elaborates in a protocol, but does not change, the Maastricht principle of subsidiarity under which decisions must be taken as close to the people as possible. Only if a decision can not be taken at a lower level should it be taken by the Union.

Affirming that decisions "will be taken as openly as possible" , the treaty provides the right of access to documents subject to rules defined by each of the institutions. But in a declaration member states insist that they should retain a veto over the release of documents supplied by them to the institutions.