EU Social Policy: Treaties & Evolution

Posted on Mar 23, 2025 in Business Administration and Management (BAM)

Treaty of Rome (1957)

It aimed to harmonize the social legislation so that a country’s industries would not be discriminated against compared to others by the application of different labor standards.

Evolutionary History

  • 1951-1957: Establishment of the ECSC.
  • 1957-1968: Establishment of the EEC.
  • 1969-1972: Boom and expansion of social policy. Initiation of a European economic and monetary system (ECU), creation of the Standing Committee on Jobs, and the Summit in Paris (1972).
  • 1973-1978: Influence of the economic crisis. Creation of a social action plan (1974).
  • 1978-1980: Economic crisis and political interdependence of employment creation.
  • 1981-1986: Search for a European social area: employment policies, social protection policies, participation of social forces.

European Social Space

  • Harmonization of regulations on the working environment to protect the safety and health of workers (Article 118a).
  • Development of dialogue between social forces. Possibility of incorporating its agreements into legally binding rules (Article 118B).
  • Economic and social cohesion. Reducing regional disparities (Article 130A).
  • 1986-1991: Single European Act. Construction of Social Europe. 1989 Social Charter and the Action Programme.
  • 1992-1997: Maastricht Treaty. New European Union. Growth, competitiveness, and employment. The White Paper on social policy.

Two Social Policy Applicable Provisions

  • TUE. Articles 117 to 128.
  • Protocol No. 14 of the TEU, signed by eleven States:
    • 1. Decisions by qualified majority (e.g., equal pay and equal treatment).
    • 2. Decisions unanimously (e.g., termination of contracts).
    • 3. Matters excluded from Community (e.g., wages).

Historical: Amsterdam and Nice Treaties

  • 1997-2002: Treaty of Amsterdam. Entry into force on May 1, 1999. The disappearance of the “British factor.” Entry into force of the Treaty of Nice. EU enlargement from 1.5.2004 and 1.1.2007. Their impact on social policy.

Objectives:

  1. Promotion of economic and social progress and a high level of employment.
  2. Achievement of balanced and sustainable development.
  3. Creation of an area without external borders.
  4. Strengthening of economic and social cohesion.
  5. Establishment of economic and monetary union. Single currency.
  6. Creating the citizenship of the Union.
  7. Appropriate measures on asylum and immigration.
  8. Respect for the principle of subsidiarity.

The Treaty of Lisbon

Draft Treaty establishing a Constitution for Europe. Treaty of Lisbon of December 13, 2007. Entry into force on December 1, 2009.

Taking Europe into the Twenty-First Century

“Europe is not the same as 50 years ago, and neither is the rest of the world. Today more than ever, in a globalized world that keeps changing, Europe is facing new problems: economic globalization, demographic change, climate change, energy supply, new security threats. Member States are no longer able to cope alone with all these new challenges, which know no borders. Only a collective effort at the European level will do and respond to the concerns of citizens.”

Treaty on the Functioning of the European Union

In all its activities, the Union shall aim to eliminate inequalities between men and women and promote equality. In defining and implementing its policies and actions, the Union shall take into account requirements related to the promotion of high employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training, and protection of human health. In the definition and implementation of its policies and actions, the Union shall aim to combat discrimination based on sex, race or ethnic origin, religion or belief, disability, age, or sexual orientation. The scope of the Treaties, and without prejudice to particulars specified therein, will prohibit any discrimination on grounds of nationality.

  • Arts. 45 to 48: Free movement of workers. No discrimination based on nationality between workers of Member States. Limits to freedom of movement for non-EU workers resident in a Member State.
  • Arts. 67 to 80: Visas, asylum, immigration, and other policies related to the free movement of persons.
  • Arts. 145 to 150: Employment. Matter of common interest. OMC. Respect for state powers, not harmonization of laws and regulations of the Member States.