The Implementation of the Community Charter of Fundamental Social Rights

Abstract

The Community Charter of Fundamental Social Rights of Workers' provides a framework of principle for the future development of a European 'social dimension,' a 'social space,'2 possibly even a 'social State.'3 The achievement of any of these grand designs depends not only upon political will, but also upon the methods now chosen to implement the twelve categories of 'fundamental social rights' set out in the Charter, both at Community level and at national level. The implementation of the Charter presents a unique opportunity to 're-regulate' European labour markets in ways which are significantly different both from the current model of 'deregulation' in certain countries (notably the UK), and also from the pre-existing welfare-state and labour law systems.4 If the process of 'implementation' is effective, one may expect the 'fundamental social rights' themselves to have a dynamic character, moving from their present anaemic state towards a full-blooded system of individual rights within a framework of freedom of association, collective bargaining and industrial democracy. From this viewpoint, the most crucial part of the Charter is Part II, which envisages implementation at both national and Community levels. Article 27 casts responsibility on the Member States to guarantee the fundamental social rights in the Charter and to implement the social measures 'indispensable to the smooth operation of the internal market as part of a strategy of economic and social cohesion.' The main methods prescribed by Article 27 are 'legislative measures or collective agreements,' 'in accordance with national practices.' The preamble refers, as well, to 'existing practices at the various appropriate levels' requiring 'in many spheres the active involvement of the two sides of industry.' Article 28 invites the Commission to submit initiatives 'which fall within its powers' with a view to the adoption of legal instruments for effective implementation, as and when the internal market is completed, 'of those rights which come within the Community's area of competence.' The Commission responded promptly to this invitation by publishing