A crisis yet to unfold

Abstract

FOCUS □ AUSTERITY ANDTRADEUNIONRIGHTSINEUROPE A crisis yet to unfold I eventually confronted, The the day the obligations Greek gulf will in treatment of the EU reckoning no the between be and people courts with doubt legal fully its of of a the legal obligationsof the EUand its treatmentof the Greekpeople willno doubt eventuallybe fully confronted, witha day ofreckoning inthe courts KEITH EWING isProfessor of Public Law atKings College, London and Vice President of ICTUR This is an edited version of atalk given at University College London on 19 May 201 2.An earlier version of this article was published in the Morning Star on 29 May 201 2. As ever ever the more more European intense acute,there political and the is a economic crisis third becomes crisis crisis yet evermoreintense and theeconomiccrisis evermoreacute,thereis a third crisisyet tounfold. Thisisthecrisis oflegality nowengulfingtheEU ,an entity thatseemstobe freetodo whatitlikesand to ignorethelegalfoundations on whichitis supposedtobe built. The EU, itsinstitutions and itsrepresentatives arerequired toactwithlegalauthority andwithin thescope of legal powers.To thisend, the post-Lisbon treatyis fullof clearlyexpressed principlesand obligations, the EU apparently foundedon thevalues of 'humandignity, freedom ,democracy, equality, the ruleof law and respect forhumanrights'. Thetreaty otherwise provides notonlythat the EU willworkforsustainable development based on economicgrowth, butthat itwilldo so topromote 'a highly competitive socialmarket economyaimingat fullemployment'. Thiswillall be done whilealso advancingsolidarity and social justice,as well as 'equalitybetweenmen and women', So whatis theproblem? The answeris Greece, and thattheterms of thebailoutnegotiated by theTroika(inwhichEU institutions playeda big part)do notappearto complywiththeseprovisions , leading to serious questionsabout the legality oftheterms ofsettlement, theobligations imposed, and theresponseoftheGreekgovernments . Evidenceistobe foundintheReport ofa High LevelMissionthatvisitedGreece in September 2011, on behalf of the International Labour Organisation (ILO), a UN agencyresponsible for setting andmonitoring labourstandards throughout the world.Usuallythe ILO is preoccupied with developingcountries;now to the great shameoftheEU itis concerned withausterity. The ILO has reported on the'exponential' rise intheuse ofpart-time and 'rotation' contracts, as well as theemergence oflargenumbers of 'discouraged 'workers, who itseemshavejustgiven up. These new contractual arrangements have seen wages fallby up to 38 percent, accompaniedbyan increase intaxandsocialsecurity contributions and reducedpensions. Thisis beingdriven through whilealso weakeningworkers ' rights to tradeunionrepresentation ,casting aside guarantees in theGreekconstitution . According totheILO,theindustrial relationssystem builtup overmanyyearsto reflect 'Greekrealities' is now 'vulnerable to collapse', these developments having a 'destabilising impact' on thehumanright tofreedom ofassociation . Theconcern is notonlythat wagesestablished by collectiveagreementshave been slashed. Also,employers have now won theright notto pay collectively agreedwage rates,iftheycan securethe'agreement' ofworkers toacceptless. Thisis theultimate form ofneo-liberal flexibility, with unprotected workersbeing 'liberated'to sign away minimum termsand conditionsof employment. Yetfarfrom ensuring thatthepainis endured equallybetweenmenand women,crucially the burdenis falling disproportionately on thelatter. Thisis trueespeciallyin terms oftheimpact of growing levelsofunemployment, and themove to part-time and rotation contracts, withwomen suffering additional problems ofdiscrimination in trying toenforce maternity rights. Butitisnotonlythedisproportionate impact of thelawon womenthat hasbeenrevealedbythe ILO. Thereis also concernabout law enforcement ,the ILO highlighting the inability of the labourinspectorate to addressequality issues,as well as thedelaysin thejusticesystem thatdiscouragewomenfrom usingthecourts. So much fortheright to equal treatment, once a cornerstoneofEU socialpolicy. The gulfbetweenthelegalobligations of the EU and itstreatment oftheGreekpeoplewillno doubteventually be fully confronted, witha day ofreckoning inthecourts. Ifwhatis happening inGreece(and perhapselsewhere)is notutterly illegal, we needtoknowwhy,andwhytheclear wordsof the EU treaty and the accompanying Charter ofFundamental Rights do notmeanwhat theysay. UndertheCharter, EU citizens havea right to freedomof association,includingthe rightto form and jointradeunionsfortheprotection of their interests, a right whichfor reasonsthat need notbe explored hereincludes theright tobargain collectively. What we see in Greece is the destruction notthepromotion of collective bargaining , as providedforin international labour conventions. The Charteralso provides that 'equality betweenmenandwomenmust be ensured inall areas,including employment, workand pay'.It also feigns toguarantee theright of'every worker 'to 'working conditions thatrespect hisorher health,safetyand dignity'. What we see in Greeceis theviolation oftheprinciple ofequalityand thedegradation ofworker dignity. The recent election inGreecegaveworkers an opportunity topassjudgment onthebailout measuresthathavebeen imposedon their countries. By a clear majority theyvoted to rejectthese measures.Democracyhavingfailed,it is now time to combine popular protestwith legal action,to challengethearrogance ofinstitutions that appear blissfully indifferent to the legal obligations bywhichtheyarebound. INTERNATIONAL union rights Page 12Volume 19Issue 22012 ...