Employer federation proposes bolstering welfare state through constitutional reform

The leading employer organisation, the Federation of Greek Industries (SEV), has submitted its proposals for the revision of the Constitution. SEV’s positions on the upcoming constitutional revision are divided into three parts, which include the strengthening of the social welfare state. Among its proposals, SEV suggests the establishment of private universities in Greece as part of modernising the education system.

The Federation of Greek Industries (SEV) has presented its proposals for the revision of the Constitution, thus entering the public dialogue that has developed on this subject. As part of its reform policy, the Greek government proposed a revision of the Constitution, which mainly dates in its current form from 1975, and invited submissions from the social partners and other actors.

The leading employer organisation SEV notes that the current Constitution is one of the most progressive and democratic constitutions in Europe, but that it contains some clauses which are not consistent with a modern European constitution and have in practice been nullified through European reality and practice. An example is Article 106 on company acquisitions or compulsory participation in companies owned by the state or other public authorities, provided that they are monopolistic, of vital importance for exploiting sources of national wealth or have the main objective of providing services to society as a whole.

Balancing free competition with social protection

The proposals submitted by SEV are based on its assessment that, in a modern state, the government should respect the fundamental values that characterise political, social and economic life. According to the employer organisation, the protection of an open economy, sustainable development and the competitiveness of the national economy in conditions of free competition should be balanced with the need for protection of equal value in terms of security and justice within the present-day constitutional culture.

SEV’s proposals centre around the following three aspects: modernisation of the education system at all levels; environmental protection including sustainable development; and a modern state based on the rule of law with a view to equity, quality and effectiveness. Strengthening of the welfare state falls under the latter aspect.

Proposed constitutional amendments

SEV recognises that there can be no modern state without a stronger welfare provision. Thus, it proposes the following amendments:

• bolstering Article 25 of the Constitution, which relates to the obligation of state bodies to ensure the unhindered exercise of individual and social rights. This could be strengthened with content similar to that of Article I-3 of the European Constitution, containing provisions on combating social exclusion and discrimination, and promoting social justice and protection, as well as equality between women and men, solidarity between the generations and protection of the rights of the child;

• inclusion of a special mention of civil society in Article 12 (on the ability to form associations) or Article 29 (on the ability to found and the conditions for founding political parties). This addition would reinforce the role of civil society, since the emerging civil society – through its participation in social dialogue – can help to form the standards for a modern state based on the rule of law;

• provision in the Constitution for strengthening the dialogue between the social partners, which can offset the deficiency of the political system in creating a state based on the rule of law. The dialogue between the social partners can also lead to the conclusion of agreements. A similar provision on strengthening social dialogue may be found in Article III-212 of the Treaty establishing a Constitution for Europe.

It should be noted that, unlike the Greek General Confederation of Labour (GSEE) (GR0701069I), SEV includes in its proposals the need to revise Article 16 of the Constitution, for example, to make it possible to establish private universities in Greece. SEV suggests the operation of both state and private universities to offer young people a broader choice, which may contribute to the further modernisation of education. At the same time, the employer organisation recognises that the establishment of private universities is not a main issue and is not a cure for resolving the problems in relation to higher education. SEV proposes a revision of Article 16 in its entirety and not just some of its paragraphs, as the government initiative is oriented towards making the system of education more flexible.

Stathis Tikos, Labour Institute of Greek General Confederation of Labour (INE/GSEE)