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NICEC Workshop 8 June 2005

NICEC Workshop 8 June 2005. A Europe of Equals or Widening the Gaps? Robin Hanan, EAPN (European Anti Poverty Network) Ireland. European Anti Poverty Network (EAPN). Founded 1990 Aim ‘to put the fight against poverty at the top of the European agenda’

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NICEC Workshop 8 June 2005

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  1. NICEC Workshop 8 June 2005 A Europe of Equals or Widening the Gaps? Robin Hanan, EAPN (European Anti Poverty Network) Ireland

  2. European Anti Poverty Network (EAPN) • Founded 1990 • Aim ‘to put the fight against poverty at the top of the European agenda’ • Made up of National Networks and European Organisations • Members of National networks are: • Non-governmental • Main aim fighting poverty • Promote participation of people in poverty • EAPN Ireland and NIAPN

  3. France and the Netherlands have said no What was the question?

  4. Where’s the beef? • Rome – industrial integration • SEA – internal market • Maastricht – monetary union • Amsterdam – institutional reform • Nice enlargement • Dublin/Rome – what?

  5. What kind of Europe? • What economic and social model? • How to respond to globalisation? • Migration • How much convergence? • What about rights?

  6. 50 Years of EEC/EC/EU • Economic integration • Single Market • Economic and Monetary Union • Social divergence • Different welfare models • Different taxation levels and types • Social programmes • Poverty Programmes • Equality Directives

  7. Issues facing Europe • Responding to globalisation • Migration, racism, ethnic conflict • ‘liberalisation’ of services • Common standards • Building consensus • Economic model • Approaches to policies • institutions

  8. ‘Boston vs. Berlin’ • Open up to globalisation • Internal tax competition • Competition for investment • Low cost, low benefit • Strengthen the European social model • Social cohesion as the basis of competitiveness • Common standards for rights, services, income • Rights

  9. EAPN priorities in the Constitution debate • The eradication of poverty • Social rights • Democracy • A limited step forward in all three areas

  10. 68 million people facing poverty • 21% Ireland • 18% Estonia • 10 % Sweden • 8% Czech Republic

  11. Poverty in the ‘new 10’ • Lower overall income • More diversity in poverty levels • Higher unemployment and long-term unemployment • Less ‘relative’ poverty than most EU15 • Exclusion of ethnic minorities

  12. What is in the Constitution • Social inclusion is an Objective • Implementation clause: • “In defining and implementing the policies and actions referred to in this Part, the Union shall take into account requirements linked to the promotion of a high level of employment, the guarantee of adequate social protection, the fight against social exclusion, and a high level of education, training and protection of human health”. • The Charter of Fundamental Rights enforceable in the Constitution • Recognition of civil dialogue

  13. How the EU fights poverty • Poverty programmes • Structural Funds • Lisbon Strategy • Sustainable economy • More and better jobs - NAPs Employment • Social Inclusion – NAPs Inclusion • Using the ‘Open Method of Co-ordination’

  14. Lisbon Strategy Goal • To Become the most competitive and dynamic knowledge based economy in the World capable of sustainable economic growth with more and better jobs and greater social cohesion

  15. EU social inclusion strategy • Amsterdam Treaty Article 137 allows co-ordination of policy • Lisbon Strategy, 2000 ‘the level of poverty in the EU is unacceptable’ • The strategy consists of: • Common Objectives • National Action Plans (NAPs Inclusion) • Common Indicators • Joint Inclusion Report • Peer Review • Social Exclusion Programme

  16. EAPN response to NAPs inclusion 2003-05 • Keeping the political focus on poverty • Good information source • Stronger analysis than 2001 • Better co-ordination between national, regional and local

  17. BUT… • Little political energy: • where is the drive to ‘make a decisive impact on the eradication of poverty by 2010’? • Little impact on budgets and national policies • Few new resources or strategies • Few new targets • Poor emphasis on rights – being undermined • ‘A job at any price’ • Little participation or visibility

  18. Charter of Fundamental Rights Includes: • Right to property ‘subject to the general interest’ • Right to asylum ‘with due respect for the rules of the Geneva Convention’ • Gender equality • Rights of the child, elderly, disabled • Workers’ rights • Health care • Social security and assistance • Access to ‘services of general interest’

  19. But … • Only applies to ‘the institutions, bodies and agencies of the Union, with due regard to subsidiarity, and to the member states when they are implementing Union law’ • ‘Does not extend the field of application of Union law …’ • Cannot reduce the protection already existing under other international instruments

  20. Potential of the Charter of Fundamental Rights • Symbolic • A Union based on rights • Social, cultural, economic, civil, political • Owned by (two) broad Convention (s) • Constitutional • A point of reference and interpretation for the Constitutional Treaty • Legal • A (negative?) restraint on EU law • A reference point for interpreting national law

  21. The Charter • Strengths • Linking social, cultural, economic, political, civil rights • Place in Constitution • Weaknesses • Limited applicability • Leading to lack of clarity • Leading to lack of credibility • Mechanisms to update?

  22. Some social rights The right to (for example) • Engage in work and pursue a freely chosen occupation • Right to asylum in conformance with Geneva Convention • Non-discrimination • Gender equality • Rights of the Child • Disabled • Social and housing assistance (weak wording)

  23. From concept to Constitution • Inspirations • Comite des sages • European Social Charter • National Constitutions • Limitations on application • From the Charter Convention and Nice Council • From the Constitutional Convention and the 2004 IGC • Context • The social clauses (and other clauses) of the Constitution • The commitment to sign the ECHR and EU legal personality • The emphasis on subsidiarity

  24. Application • Applies to • Institutions, bodies, offices and agencies of the EU • Member states only when implementing EU law • But • Due regard to subsidiarity • Does not extend the application of Union law • Does not establish new powers or tasks • However • Must be interpreted ‘in harmony with’ relevant national constitutions • Cannot be used to weaken rights under the ECHR • Cannot be used to weaken rights under other international conventions

  25. Further information EAPN Ireland European Anti Poverty Network Ireland www.eapn.ie NIAPN Northern Ireland Anti Poverty Network www.niapn.org EAPN (Europe) European Anti Poverty Network www.eapn.org

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