Social partners divided over draft EU Constitution

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The draft EU constitutional Treaty submitted to the European Council by the European Convention in June 2003 has given rise to some very divided opinions among the Belgian social partners. The employers are delighted with a draft that they believe will ensure that the enlarged EU functions more efficiently, while the trade unions have described the proposed Treaty as unacceptable.

At its summit held in Thessaloniki, Greece on 19-20 June 2003 (EU0307204F), the European Council was presented with a draft Treaty establishing a Constitution for Europe, drawn up by the European Convention, chaired by Valéry Giscard d’Estaing. The draft EU constitutional Treaty will now form the basis for an Intergovernmental Conference, which will begin its work in October 2003, and it is hoped that the new Treaty will be finalised and signed as soon as possible after 1 May 2004 (when 10 new Member States will join the EU).

The Federation of Belgian Enterprises (Fédération des Entreprises de Belgique/Verbond van Belgische Ondernemingen, FEB/VBO) expressed delight at the adoption of the draft constitutional Treaty by the Convention, stating: 'This adoption is an important step forward in the process aimed at equipping the Union as soon as possible with the decision-making mechanisms that will enable it to function effectively with 25 Member States. From the point of view of enlargement, this is essential to the effective operation of the enlarged internal market. It is fundamental if the Union is to have the ability to attract foreign investors, among others.'

In particular, FEB/VBO is pleased with the proposed simplification of the existing Treaties, and the strengthening of the Union's effectiveness through an extension of qualified majority voting in the Council. The employers' organisation also welcomed the strengthening of the European Commission’s role in terms of compliance with obligations arising from the Stability and Growth Pact accompanying Economic and Monetary Union, and the fact that competitiveness is to continue as one of the Union’s objectives. Lastly, FEB/VBO welcomed the draft Treaty's recognition of, and support for, the social dialogue conducted among the European social partners. FEB/VBO will now pay close attention to the finalisation of the more technical sections of the text, and to the examination of the draft at the forthcoming Intergovernmental Conference.

The reaction on the trade union side was decidedly negative. In a joint statement, the Belgian General Federation of Labour (Fédération Générale du Travail de Belgique/Algemeen Belgisch Vakverbond, FGTB/ABVV), the Confederation of Christian Trade Unions (Confédération des Syndicats Chrétiens/Algemeen Christelijk Vakverbond, CSC/ACV) and the Federation of Liberal Trade Unions of Belgium (Centrale Générale des Syndicats Libéraux de Belgique/Algemene Centrale der Liberale Vakbonden van België, CGSLB/ACLVB) described the draft European Constitution as 'unacceptable'. The Belgian unions had called for the rule requiring unanimous Council voting on many social, tax and environmental matters to be scrapped on the grounds that there was a need to break with the perceived political vision that provides for qualified majority voting when deciding on anything to do with deregulation and competition, and unanimous voting when deciding on all matters associated with solidarity. Unfortunately, according to the three unions, the changes proposed at the conclusion of the Convention's work meet their demands to only a limited extent. The unions also note that 'services of general interest' will function on a legal basis that partly excludes them from competition rules, but that many social and tax matters are still governed by unanimous voting. In other words, the unions claim, in the future 25-Member State EU, 'the likelihood of Europe being synonymous with social progress has been greatly compromised'. In these circumstances, according to the unions, it is hardly surprising that public opinion should have become increasingly doubtful with regard to enlargement, and that most Belgians are now opposed to it.

In these circumstances, the Belgian trade unions state that they are unable to support a draft Constitution of this sort, and that they will defend this position in the European Trade Union Confederation (ETUC). They are also calling on the government to inform the population fully through a broad-based public debate.