European Union Social Policy as an Instrument for Sustainable Development

Witkowska, Janina Article European Union Social Policy as an Instrument for Sustainable Development Comparative Economic Research. Central and Eastern Europe Provided in Cooperation with: Institute of Economics, University of Łódź Suggested Citation: Witkowska, Janina (2010) : European Union Social Policy as an Instrument for Sustainable Development, Comparative Economic Research. Central and Eastern Europe, ISSN 2082-6737, Łodz University Press, Łodz, Vol. 13, Iss. 4, pp. 117-138, https://doi.org/10.2478/v10103-009-0049-9 This Version is available at: https://hdl.handle.net/10419/259056 Standard-Nutzungsbedingungen: Die Dokumente auf EconStor dürfen zu eigenen wissenschaftlichen Zwecken und zum Privatgebrauch gespeichert und kopiert werden. Sie dürfen die Dokumente nicht für öffentliche oder kommerzielle Zwecke vervielfältigen, öffentlich ausstellen, öffentlich zugänglich machen, vertreiben oder anderweitig nutzen. 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If the documents have been made available under an Open Content Licence (especially Creative Commons Licences), you may exercise further usage rights as specified in the indicated licence. https://creativecommons.org/licenses/by-nc-nd/4.0 10.2478/v10103-009-0049-9 JANINA WITKOWSKA ∗ ∗∗ ∗ European Union Social Policy as an Instrument for Sustainable Development Abstract This paper undertakes an analysis and assessment of European Union (EU) social policy in the context of the sustainability of the group’s social and economic development. The process of Europeanizing EU social policy is not advanced. Thus, the weight of solving social problems primarily rests with member countries. EU social policy is “looser” in character than other EU policies and its scope is limited to those areas where member states were willing to transfer certain prerogatives to European Union level. The EU only supports social policy in the context of the sustainability of the group’s social and economic development. The process of Europeanizing EU social policy is not and supplements the actions of member states in the social sphere. At the same time, the EU supports the concept of corporate social responsibility. Corporate social responsibility is defined as the voluntary taking into account by companies of social and environmental matters in their operations and in relations with interested parties. 1. Introduction The sustainable development of a country or integrated group requires the taking into account of social questions in social–economic policy and the solving of social problem making their appearance over the course of ∗ Ph. D., Full Professor at the University of Łódź 118 Janina Witkowska accelerated economic growth. Unemployment, poverty, social exclusion, limited access to education, and social conflict are among the primary problems. Each society undertakes its own efforts at containing social problems through social policy that is more or less expanded, and applying instruments that, to a great extent, were molded over dozens of years of practice. Indirectly, social policy implemented on the level of the integrated group also serves the concept of sustainable development. The objective of this paper is an analysis and assessment of European Union (EU) social policy in the context of the sustainability of the group’s social and economic policy. This paper evaluates the level of Europeanization of such policy, where in this case “Europeanization” is understood as a political process bringing with itself continuous, mutual influence and negotiations among the various actors involved in the process of shaping policy on the integrated group’s level. On the one hand, these are the member states, while on the other they are the EU institutions, mainly the European Commission. Successive parts of this paper present the implementation of EU social policy, within the framework of the Renewed Social Agenda, and attempt to assess the effects of this policy through the lens of changes in parameters characterizing the labor market in the EU. The final section takes into account the matter of the EU approach to social corporate responsibility understood as the voluntary taking into account by companies of social and environmental matters in their operations and relations with interested parties. 2. The Europeanization of European Union Social Policy The objective of social policy on the national level is, at the very least, the guarantying of a socially acceptable minimum living standard for the whole population of the country (Jovanović 2005, p. 771). Overall, social policy goes beyond matters related to employment and encompasses questions of pay, unemployment insurance, social welfare systems, retirement, health, occupational health and safety, education, and the professional as well as geographical mobility of the work force (Jovanović 2005, p. 771). European Union member states handle social policy on a national level. Four traditional European social models may be identified—i.e. Nordic, Anglo–Saxon, European Union Social Policy… 119 Continental, and Mediterranean—that differ in terms of efficiency and the achieved levels of social equality 1 . A common social policy is being administered on the European Union level, but the process of its Europeanization is not as advanced as in the case of certain economic policies. Topical literature stresses that over the past twenty years the process of European integration has been characterized by an absence of balance between economic and social policies (Grahl 2006, pp. 169-202). Economic policies are concentrated on market liberalization and are, to an increasing extent, under the control of the EU, while social policies continue to be primarily overseen by member states. It is clear that in the European integration process there is a strong asymmetry between policies promoting market efficiency and policies promoting social security and equality (Scharpf 2002, pp. 645–670). At the same time, subject to increasing economic integration, the member states face growing difficulties in implementing tasks in the realm of social policy. The character of EU social policy is “looser” than other EU policies and its range is limited to those fields where member states were willing to surrender certain prerogatives to the European Union level. Social matters were within the field of interest of the Community from its very inception. This is borne out by the provisions of the Treaty of Rome (Jovanović 2005, pp. 777–781), but there was no agreement among interested parties as to the scope of social policy on the Community level as well as with respect to the subdivision of rights and responsibilities among national authorities and Community institutions (Purdy 2007, pp. 200–222). During the initial period of integration, the most important decisions that related to social matters taken on the supra–national level involved the free flow of workers and freedom of settlement. One of the first legal documents approved by the EEC in 1958 was the social security system for workers migrating from member states. The European Social Fund (ESF) was created on the basis of Articles 3 and 123 of the Treaty of Rome. Its objective was an improvement in potential for employment, raising living standards, and increased mobility of the workforce in terms of geography and profession. The Fund is a financial instrument. Thanks to this it is possible to implement the group’s strategic objectives in the area of employment (Archer 2008, pp. 80–83; Jovanović 2005, p. 781). Currently, the ESF is one of the structural funds implementing common objectives in the area of EU social and economic cohesion. 1 For a broader comparison, see A. Sapir, “Globalization and the Reform of European Social Models, ”Journal of Common Market Studies”, 2006, vol. 44, no. 2, pp. 369–390. 120 Janina Witkowska The first expansion of the Community resulted in a need to take on social matters on the Community level. It was then that a series of multi–year social programs were initiated. The first was launched in 1974. The programs concentrated on questions of increasing employment, improving living standards, and increasing the participation of social partners in the process of decision–making on the European Community level. The impact of these programs on the above social problems is assessed as being poor. This is mainly because of the fact that policies in the field of employment continued to be treated as the domain of member states, while ESF resources were modest (Archer 2008 p. 81). Nevertheless, certain actions were taken at that time that enlarged the sphere of interest of the Communities to encompass social matters, particularly those concerned with education, improved living and working conditions, especially with respect to women, and stronger legal protection for workers 2 . A strong legal basis for the conducting of social policy on the Community level was created in line with the implementation of the program for the building of a single internal market in the mid–nineteen–eighties pursuant to the Single European Act. Matters such as worker safety and health protection, dialogue with social partners, and social–economic cohesiveness found themselves within the field of interest of the Community (Archer 2008, p.81, Purdy 2007, p.214). Eleven Community members (Great Britain was the exception) approved the Community Charter of Fundamental Social Rights for Workers in the form of a formal declaration in 1989. This event should be considered as an effort at finding balance among the various concept of a “Social Europe.” The Charter was intended to establish a common set of social standards that held up the possibility of satisfying the interested parties. In reality, the character of the Charter was symbolic and unbinding. It was considered a retreat from the realm of social policy by the proponents of greater involvement in social matters on the part of the European Communities. However, time has shown that the Charter was the first step in the direction of leading social policy with the help of “soft coordination” rather than “hard law.” (Purdy 2007, p. 214) .The Charter became the basis for an agreement on social policy, attached as a protocol to the Maastricht Treaty (Grahl 2006, pp. 177–178). That treaty introduced three new objectives of social character, specifically: 2 For a broader comparison, see Z. Wysokińska and J. Witkowska, Integracja europejska. Rozwój rynków [European integration: Market development], PWN Scientific Publishers, Warsaw–Łódź, 1999, pp. 245–246. European Union Social Policy… 121 • Suitable social security, • Social dialogue, and • Human resource development for sustainable employment. Moreover, the principle of a supermajority in voting was expanded to include matters such as health and safety, working conditions, information and consultations, equality of the sexes on the labor market, and the integration of people excluded from the labor market (Archer 2008, p. 81, Purdy 2007, p. 214). Great Britain guarantied itself the right to remain outside the protocol, binding on other member states. This was the situation until political changes in that country in 1997. The Treaty of Amsterdam supplemented the scope of social policy conducted on the EU level to include matters of non–discrimination as well as the fight against manifestations of discrimination based on sex, race, ethnic origin, religion or faith, disability, age, and sexual orientation. The main provisions relating to social policy were contained in a new section introduced into the European Community Treaty on the basis of the Treaty of Amsterdam (Title XI encompassing Articles 136 to 145). A successive treaty—the Treaty of Nice—expanded processes of cooperation and coordination in the social sphere on the EU level to include social security and worker social protection, fighting against social exclusion, and the modernization of social safety systems (Marlier, Atkinson, Cantillon, and Nolan 2007, p. 21). The Treaty of Lisbon—i.e. the Treaty on the Functioning of the European Union—which came into force in December of 2009, does not change the character, objectives, scope, and instruments of EU social policy in any significant manner. Currently, the legal basis for managing such policy is Title X of the Treaty, which encompasses Articles 151 to 161 (Treaty 2008). Areas of this policy where the European Union provides support and supplements the actions of member states may be subdivided into two groups—i.e. those encompassed by ordinary legislative procedures and those subject to special ones. Among fields encompassed by voting supermajority are (Article 153): Improvement, especially in the work environment so as to protect health and safety, • Working conditions, • Worker information and consultations, • Integration of people excluded from the labor market, without detriment to Article 166 relating to occupational education policy, 122 Janina Witkowska • The equality of men and women with respect to opportunities on the labor market and treatment at work, • Fighting social exclusion, and • Modernization of social protection systems, without detriment to social security and worker social protection. The special legislative procedure, which signifies unanimity in decision– taking, encompasses the following 3 : • Social security and social protection for workers, • Worker protection in cases of termination of employment agreements, • Collective representation and protection of the interests of workers and employers, including co–management, • Terms of employment of citizens of third party countries legally present within the territory of the European Union. The Council, in a unanimous determination based on a recommendation by the Commission and following consultations with the European Parliament, may decide to apply ordinary legislative procedures with respect to the last three fields specified—excluding social security and worker social protection (see Article 153). Supporting and supplementing the actions of member states means that the EU level may formulate, by way of directives, minimum requirements gradually introduced with respect to specified fields, regardless of voting procedures, with the exception of fighting social exclusion and the modernization of social safety systems. There are also areas of social policy that are definitively excluded from under any influence whatsoever on the EU level. These include matters of remuneration, the right to associate, the right to strike, and the right of lock–out 4 . The existence of three categories in the area of social policy (subject to the principle of voting supermajority, the principle of unanimity, and exclusion from harmonization) indicates that this is a sensitive sphere with respect to the member state of the EU that are tied with various social models and needs of autonomy on the part of the national social partners (Pelkmans 2006, p. 328; Purdy 2007, p. 215). EU achievements in this sphere to date are rated as not being significant. Effective directives apply to framework and detailed questions of occupational health and safety, working time, the rights of atypical workers 3 Article 153 of the Treaty on the Functioning of the European Union, Clause 2. 4 Article 153 of the Treaty on the Functioning of the European Union, Clause 5. European Union Social Policy… 123 and those working part–time, worker councils in large companies, and the equality of men and women. An analysis of EU social policy seen through the prism of a striving for the sustainable development of the European Union indicates that the open coordination methods include the primary domains of social policy understood in their traditional sense. Topical literature stresses that the interests of EU social policy also encompass areas linked with work (the mobility of the labor force, unemployment, worker rights, industrial health and safety, equality of the sexes, etc.) that are not always of key importance in national policies (Daly 2006, pp. 461–481). At the same time, it is noted that social policy on the EU level is “shallow” in areas considered as being in the forefront of national policies— social security and income distribution. EU social policy differs with respect to national concepts of the welfare state in the following areas (Daly 2006, pp. 464): • Objectives are targeted at European integration, understood as market integration, where on the national level this involves the building of a welfare state and group identification; • Key values lying at its basis are the principles of subsidiarity and solidarity; • Its scope does not include matters of social security and income redistribution, which make up the core of national policies; • Major weight is attached to the rational model of conducting policies and on the discursive process in methods of undertaking policies; • What is broadly understood as the institution of agency is emerging around the implementation of such policy, where in the case of EU social policy what is being implemented are obligations regarding social dialogue, the promotion of social partnership, and the involvement of the actors of a civic society. 3. The Renewed Social Agenda and Programs for Its Implementation The European Union’s interest in social matters as stemming from its quest for a balance between the economic and social aspects of integration has resulted in the systematic development of medium–term action programs. Following approval of the Lisbon Strategy, the European Union has developed and implemented the Social Policy Agenda that has been treated as something akin to a “roadmap” serving the modernization and improvement of the European social model through investment in people and the building of an active welfare state (Communication from the Commission 2003). The Agenda 124 Janina Witkowska is to serve the implementation of the objectives of the Lisbon Strategy by establishing mutual influence among economic, employment, and social policy. During its Lisbon summit, the European Council decided that this is to be achieved through open coordination methods in the area of social policy. This signifies the leaving of choices as to the social policy sphere on the national level, while simultaneously undertaking efforts at their improvement by promoting common goals and Community indicators (reference marks) as well as by a comparative assessment of the state of national policies (Scharpf 2002, p.666). The European Union approved the Renewed Social Agenda in 2008 in light of the fact that existing social problems had not been solved, while new social and economic ones appeared (Communication from the Commission 2008). The intention of the Commission was to not restrict itself to traditional social matters, but to give the new Agenda a cross–sectional and multi– dimensional character. Matters referred to by the Agenda include policies involving the labor market, education, healthcare, immigration, and inter– cultural dialogue. The renewed Agenda formulates three equivalent, interrelated goals, specifically (Communication from the Commission 2008, p.7): • Creating opportunity – signifying the creation of more numerous and better work places as well as facilitating mobility; • Guarantying access – which means easier access for EU citizens to good quality education, social security, healthcare, and services that can play a role in overcoming inequality in starting as well as making a longer and healthier life available to all; • Demonstrating solidarity – meaning the carrying of assistance to people in difficult situations by supporting social integration, participation, and social dialogue as well as combating poverty. Priorities in the social sphere were formulated in line with the objectives of the renewed Social Policy Agenda, specifically (Communication from the Commission 2008): • Children and youth: the future of Europe, • Investing in people: the quantity and quality of jobs, and new skills, • Mobility, • Longer and healthier lives, • Fighting poverty and social exclusion, • Tackling discrimination, and • Opportunities, access, and solidarity in the international context. European Union Social Policy… 131 environmental matters in their operations as in relations with interested parties (Green Paper 2001, p. 4). In line with this concept, the company decides to go beyond minimal legal requirements and obligations as derived from collective agreement in order to take social needs into account. In 2002 the European Commission proposed a strategy oriented at the dissemination of knowledge regarding corporate responsibility and its positive impact on Europe’s business and society, the exchange of experience and best practices, the promotion of managerial skills in the realm of corporate social responsibility, spreading this concept amidst small and medium enterprises, bringing the practices and tools used by companies closer, incorporating social responsibility into Community policy, and the creation of a multilateral forum of stakeholders on the EU level. In its communication of 2006, entitled Implementing the Partnership for Growth and Jobs: Making Europe a Pole of Excellence on Corporate Social Responsibility, the European Commission announced support for a European alliance for socially responsible companies. This is understood as something of a political “umbrella” for new and existing initiatives in the area of corporate social responsibility as undertaken by both major companies and SMEs. However, this is not a legal instrument. Companies do not have to sign into the alliance, but may support it on a voluntary basis. The role of the Commission is to encourage companies to provide access to information on social responsibility to all interested parties, including consumers, investors, and the public. The communication proposes actions concentrated on the following aspects: • Increased awareness and the exchange of best practices in the area of corporate social responsibility; • Support for multilateral initiatives, such as the European Platform for Nutrition and sector–oriented social dialogue committees; • Collaboration among member states; • Consumer information and transparency; • Research work, especially interdisciplinary research into the dependence between corporate social responsibility and competitiveness and sustainable development; • Education, the accumulation of knowledge on corporate social responsibility and the introduction of this topic into curriculums; • Small and medium enterprises and facilitating an exchange of experience; • The international dimension of corporate social responsibility, the dissemination of knowledge concerning instruments and initiatives undertaken on the global and international level. 132 Janina Witkowska European Commission documents stress the fact that there is agreement in Europe as to the definition of corporate social responsibility in spite of the fact that its character and description vary depending on national and cultural context (Communication from the Commission 2006). 6. Conclusions 1. The sustainable development of a country or an integrated group requires a taking into account of social matters in social and economic policy and in solving social problems making their appearance over the course of accelerated economic growth. Social policy conducted on the EU level may be seen as an instrument of the broader European Union strategy of sustainable development, although its Europeanization is not advanced. In connection with the limited extent of Europeanization of social policy, the weight of solving social problems mainly rests with the member states. 2. EU social policy is “looser” in character than other EU policies and its scope is limited to those fields in which the given member states were willing to transfer certain rights to the European Union level. The treaty of Lisbon—i.e. the Treaty on the Functioning of the European Union—which came into effect on December 1, 2009, does not change the character, goals, scope, or instruments of EU social policy in any significant manner. 3. The European Union supports and supplements the actions of member states in the social sphere, which signifies that the EU level may formulate, by way of directives, minimum requirements to be gradually introduced with respect to areas as defined in the Treaty. 4. The European Union applies open methods of coordination in the area of social policy. This signifies the leaving of decisions in the area of social policy on the national level, where, simultaneously, efforts are made at improvement through the promotion of Community goals and Community indicators (reference marks) as well as by comparative assessment of the state of national policies. 5. The open method of coordination encompasses basic domains of social policy understood in the traditional sense. EU social policy also incorporates areas related to work such as labor force mobility, unemployment, worker rights, industrial health and safety, and equality of the sexes into its sphere of interest. At the same time, it notes that social policy on the EU level is “shallow” in areas deemed to be primarily for national policies, namely social security and income distribution. European Union Social Policy… 133 6. Support for the concept of corporate social responsibility supplements action for sustainable development of the European Union. Corporate social responsibility is defined as the voluntary taking into account by the company of social and environmental questions in its operations and in relations with interested parties. Pursuant with the concept, companies take the decision to go beyond minimum legal requirements and obligations as stemming from collective agreements, in order to take into account society’s needs. 134 Janina Witkowska Table 1. The Unemployment Rate in the Countries of the European Union, the United States, and Japan, 2008–2010, % Item December 2008 June 2009 December 2009 May 2010 EU27 7.7 8.9 9.4 9.6 Euro zone (16) 8.2 9.4 9.9 10.0 Belgium 7.1 7.8 8.2 8.6 Austria 4.2 5.0 4.7 4.0 Bulgaria 5.4 6.4 8.6 9.7 Czech Republic 4.7 6.7 7.5 7.5 Denmark 4.1 6.1 7.2 6.8 Germany 7.1 7.7 7.4 7.0 Estonia 7.7 13.3 15.6 19.0 a) Finland 6.9 8.4 8.8 8.6 Latvia 11.3 17.2 19.8 20.0 a) Lithuania 8.1 13.5 15.9 17.4 a) Ireland 8.3 12.1 12.9 13.3 Greece 7.9 9.2 10.2 11.0 a) Spain 14.8 18.1 19.0 19.9 France 8.5 9.4 9.8 9.9 Italy 7.0 7.6 8.5 8.7 Cyprus 4.0 5.3 6.2 7.2 Luxembourg 5.3 5.8 5.2 5.2 Hungary 8.5 9.9 10.7 10.4 Malta 6.1 7.2 7.1 6.7 Netherlands 2.8 3.3 4.0 4.3 Poland 7.0 8.1 9.1 9.8 Romania 5.9 6.4 7.6 7.4 a Portugal 8.1 9.6 10.2 10.9 Slovakia 9.3 11.6 14.4 14.8 Slovenia 4.2 6.2 6.5 7.1 Sweden 7.0 8.3 8.9 8.8 Great Britain 7.8 7.7 7.9 a) United States 7.2 9.5 10.0 9.7 Japan 4.3 5.3 5.2 5.2 Source: Harmonized unemployment rate by gender – total, http://epp.eurostat.ec.eu. European Union Social Policy… 135 Table 2. The Hourly Labor Cost in the Countries of the European Union, 1998–2008, EUR Country 1998 2000 2004 2005 2006 2007 2008 EU27 17.08 18.32 20.25 20.47 19.85 : : EU25 17.36 19.35 21.45 21.82 21.49 : : EU15 19.99 21.96 24.31 25.13 25.79 : : Belgium : 26.61 30.30 30.62 31.43 32.56 33.66 Bulgaria 1.11 1.23 1.45 1.55 1.65 1.89 : Czech Republic 3.23 3..86 5.85 6.63 7.14 7.88 : Denmark 24.63 26.53 30.7 31.98 33.09 34.74 : Germany 23.60 25.00 26.90 27.10 27.60 27.80 : Estonia 2.42 2.85 4.24 4.67 5.5 6.6 7.51: Ireland : : : : : : : Greece 9.77 10.98 : : : : : Spain 14.13 14.22 14.76 15.22 15.77 16.39 : France 22.94 24.84 28.46 29.29 30.25 31.24 31.97 Italy 18.30 18.99 21.39 : : : : Cyprus 8.19 9.10 11.10 11.65 11.98 12.45: 13.31: Latvia 1.71 2.22 2.52 2.77 3.41 4.41 5.42 Lithuania 1.95 2.63 3.22 3.56 4.21 5.09 : Luxembourg 21.56 24.48 29.97 31.10 31.98 33.00 33.63 Hungary 3.02 3.63 5.54 6.14 6.34 7.13 : Malta : : 7.77 8.35 8.69 : : Netherlands 20.18 22.31 27.23 27.41 : : : Austria 22.17 23.05 25.32 26.23 26.96 27.61 : Poland 3.73 4.48 4.74 5.55 6.03 6.78 : Portugal 7.6 8.13 10.2 10.6 10.97 11.32 11.73: Romania : 1.41 1.76 2.33 2.68 3.41 : Slovenia 8.51 8.98 10.41 10.76 11.29 12.09 : Slovakia 2.91 3.07 4.41 4.80 5.33 6.41 : Finland 20.40 22.10 25.34 26.70 27.20 27.87 29.38 Sweden 23.99 28.56 31.08 31.55 32.16 33.30 : Great Britain 19.16 23.71 24.71 24.47 25.51 26.39 : Source: http://epp.eurostat.ec.europa.eu. 136 Janina Witkowska References Annex I to the Council Conclusion of May 12, 2009: Reference Levels Designating the Average European Result (“European Reference Levels”), Official Journal of the European Union C119, May 28, 2009 Archer C. 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(2006), Globalization and the Reform of European Social Models, ‘Journal of Common Market Studies’, vol. 44, no. 2 Scharpf, F. W. (2002), The European Social Model: Coping with the Challenges of Diversity, ‘Journal of Common Market Studies’, No. 40 Treaty on the Functioning of the European Union, Official Journal of the European Union, C115, May 9, 2008, consolidated version Wysokińska Z. and Witkowska J. (1999), Integracja europejska. Rozwój rynków [European integration: Market development], PWN Scientific Publishers, Warsaw–Łódź Streszczenie POLITYKA SPOŁECZNA UNII EUROPEJSKIEJ JAKO INSTRUMENT ZRÓWNOWAŻONEGO ROZWOJU W artykule została przeprowadzona analiza i ocena polityki społecznej Unii Europejskiej (UE), w kontekście równoważenia rozwoju społeczno-gospodarczego ugrupowania. Proces europeizacji polityki społecznej UE nie jest zaawansowany. W związku z tym, ciężar rozwiązywania problemów społecznych spoczywa głównie na 138 Janina Witkowska krajach członkowskich. Polityka społeczna UE ma bardziej „luźny” charakter niż inne polityki UE i jej zakres jest ograniczony do tych dziedzin, w zakresie których kraje członkowskie były skłonne do przekazania pewnych uprawnień na szczebel unijny. UE jedynie wspiera i uzupełnia działania państw członkowskich w sferze społecznej. Jednocześnie UE wspiera ideę społecznej odpowiedzialności przedsiębiorstw. Społeczną odpowiedzialność przedsiębiorstw definiuje się jako dobrowolne uwzględnienie przez przedsiębiorstwa problematyki społecznej i ekologicznej w swojej działalności i stosunkach z zainteresowanymi stronami.