Ahead of the political negotiations due to start in September (calendar of negotiations), the Social Platform Secretariat provides a brief analysis of the state of play with regard to social requests in the future EU Reform Treaty.

1. Participatory democracy articles are included

2. The horizontal clauses are highly positioned in the Treaty: (Title II, art 8-9-10-11 and 14). Here again, our demands are met. In addition, the European Parliament has further increased its role on non-discrimination: MEPs have to give a consent, rather than being merely consulted.

3. With regard to transparency of the process, so far, the Portuguese presidency has applied a very transparent communication policy with all working documents available on internet.

4. Protocol on Services of General Interest

This will be discussed in the Social Policy Working Group, on the 06 September 2007. According to a first brief analysis, the protocal very much insists on subsidiarity. it also clearly indicates that the provisions in the Treaties do not affect the competence of Member States to provide, commission and organise non economic Service of General Interest.

The Protocal reads as follow:

PROTOCOL (No 9) ON SERVICES OF GENERAL INTEREST

THE HIGH CONTRACTING PARTIES,

WISHING to emphasise the importance of services of general interest,

HAVE AGREED UPON the following interpretative provisions, which shall be annexed to the Treaty on European Union and to the Treaty on the Functioning of the Union:

Article 1

The shared values of the Union in respect of services of general economic interest within the meaning of Article [III-122] of the Treaty on the Functioning of the Union include in particular:

– the essential role and the wide discretion of national, regional and local authorities in providing, commissioning and organising services of general economic interest as closely as possible to the needs of the users;

– the diversity between various services of general economic interest and the differences in the needs and preferences of users that may result from different geographical, social or cultural situations;

– a high level of quality, safety and affordability, equal treatment and the promotion of universal access and of user rights.

Article 2

The provisions of the Treaties do not affect in any way the competence of Member States to provide, commission and organise non-economic services of general interest.

5. Charter of Fundamental Rights

So far, only one country has opted-out: the UK. According to some newspapers, it seems that neither Poland, nor Ireland are considering it any longer.

Poland has added a specific declaration to the Treaty which reads: La Charte ne porte atteinte en aucune manière au droit des Etats membres de légiférer dans le domaine de la moralité publique, du droit de la famille ainsi que de la protection de la dignité humaine et du respect de l’intégrité humaine physique et morale.

The Uk opt-out basically states that no Court in the UK has the right to assess whether rules, laws, practices or administrative actions of the UK are incompatible with the Charter. It also precises that none of the rights in the Chapt IV (social rights solidarity) create any new rights in the UK.