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This article discusses the challenges of the Bolkestein Directive, including lack of consultation, imbalance in impact assessment, and concerns over labor law. It highlights the trade union campaign against the directive and the revisions made by the EU Commission and Council. However, it emphasizes the need for further improvements, particularly in ensuring labor law protection and addressing the exclusion of social services.
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PULLING THE TEETH FROM BOLKESTEIN Kathleen Walker Shaw GMB European Officer
EU Policy in a vacuum • Lack of consultation • Imbalance in impact assessment – economic/financial no social or employment • Better Regulation should mean what it says
Faces change, policy doesn’t • Refusal to withdraw proposal even after Bolkestein departed • Commissioner McCreevy charges European Parliament to improve text • Concerns over McCreevy’s position on Labour Law (Laval case – Swedish construction contract)
Workers of the world unite …. • Trade union campaign highly co-ordinated • Difficult process with so much to amend • Sensitivities in ETUC and European Parliament Socialist Group
European Parliament v Bolkestein • Text heavily amended by Parliament in February 2006 • Many trade union concerns resolved • Compromise reached very sensitive should not be undone
Commission and Council Response • April 4th 2006 EU Commission revised proposal, despite early concerns kept largely to Parliament compromise • 29 May 2006 Council of Ministers Political agreement, again close to Parliament text • European Parliament second reading expected in Autumn, with final adoption possible late 2006/early 2007
Outstanding concerns • Other speakers will deal with issues in more detail: • Need to ensure labour law and protection of collective agreements are watertight – there is some ambiguity, and concern linked to fundamental rights, use of in compliance withCommunity law reference etc. • Services of General Interest/Services of General economic Interest not satisfactory • Exclusion of social services too narrow • Definitions of public interest and eligible requirements also need looking at • Commission right to evaluate and screen requirements not acceptable
Campaign continues • Trade unions can take pride in the solidarity and co-operation they showed in challenging this proposal • But in the knowledge that we will need to rely on this solidarity time and again in the near future • Bolkestein may have had many of its teeth pulled but the dragon of neo-liberalism has not been tamed. Many EU Member States and the EU Commission have not lost their appetite for liberalisation, and we can only expect there will be plenty more Bolkestein’s in the sea. • On same day that the Commission produced revised proposal on Services, it released a Communication on Posted Workers attempting to re-introduce many of the dangerous elements undermining posted workers rights, which we had successfully removed from the Services Text….. • Clearly – no time to rest on our laurels just yet!