Economic and Social Council to include civil society members

With a view to broadening participation in social dialogue at national and European level, the government has approved a reorganisation of the Romanian Economic and Social Council (CES). The new structure of the CES involves the inclusion of civil society representatives as council members.

Background

The Economic and Social Council (Consiliul Economic si Social, CES) is a tripartite autonomous public institution of national interest, established to facilitate social dialogue between employer organisations, trade unions and the government. The CES has an advisory function in drawing up strategies and economic and social policies, and it plays a mediation role at industry and national levels in cases of dispute between the social partners. The council helps to achieve, promote and develop social dialogue and social solidarity. Under the Romanian Constitution, the CES is defined as a consultative body of the parliament and the government in areas established by Law No. 109/1997. The council has subsequently been modernised in the process of bringing national legislation into line with European Union law (RO0401107F).

New council structure

Increased number of members

By passing Emergency Ordinance No. 41/2006 to align Law No. 109/1997 on the organisation and harmonisation of the CES with provisions included in Romania’s treaty of accession to the EU, as well as to broaden the participation of the social partners in European social dialogue, the government has increased the number of CES members from 27 to 45 representatives.

In the former council structure, trade unions, employer organisations and the government had nine members each; the new provisions oblige these partners to appoint 15 members each to the council.

A plenary session now requires the presence of 24 members, with each side to be represented by at least eight representatives.

One reason for increasing the council’s membership stems from the need to help the social partners to become familiar with the activities of the European Economic and Social Committee (EESC) by 1 January 2007 – the date set for Romania’s accession to the EU. In keeping with the regulations, national trade union confederations and nationally representative employer organisations will appoint five representatives each to the EESC, who will also have to take part in the debates in the CES.

Civil society members appointed

In the new context, the government announced its intention to renounce some of its seats in the CES, which are to be gradually reappointed to members of civil society organisations.

On 17 July 2006, the Prime Minister’s Adviser, Mirel Talos, stated that: ‘A new Economic and Social Council is set to begin its mandate in the autumn of 2006 and it would be best if the structure were to include from the start civil society representatives and delegates to the European Economic and Social Committee as of 2007.’

According to the government representative, ‘the presence of non-governmental organisations in the CES could prove beneficial as, without them, authorities might overlook issues of interest to the civil society.’

In April 2006, the Executive Board of the CES discussed criteria for including civil society representatives, as well as other interest groups, in the forum structure.

In May 2006, the CES plenum approved the areas of civil society to be represented in the council including: the scientific and academic community; consumer organisations and human rights organisations (including those for women, young people and children); occupational health and safety interests and people with disabilities; environmental organisations, social services, anti-poverty groups and those involved in rural environment issues.

Commentary

The reform of the CES and other components of social dialogue and collective industrial relations are currently the focus of legislative harmonisation and measures related to adopting the acquis communautaire (EU body of legislation) in the run-up to Romania’s EU accession. This involves new amendments to the Labour Code, regulating the framework for employees’ information and consultation and setting up European Works Councils, among other changes.

Constantin Ciutacu, Institute of National Economy, Romanian Academy