Community Charter Research Articles

Introduction Fourth report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of the Community Charter of the Fundamental Social R

Introduction Fourth report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of the Community Charter of the Fundamental Social R

Fourth report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of the Community Charter of the Fundamental Social Rights of Wor

Fourth report from the Commission to the Council, the European Parliament and the Economic and Social Committee on the application of the Community Charter of the Fundamental Social Rights of Wor

Second Report from the Commission on the application of the Community Charter of the Fundamental Social Rights of Workers

Second Report from the Commission on the application of the Community Charter of the Fundamental Social Rights of Workers

住民による地域空間の制御について : 京都市中心部での「まちづくり憲章」制定を伴う事例の検討

In 1980 s in quite a few districts in central Kyoto residents tried to regulate plans of high rise buildings because of the expected environmental impact to the neighborhood. This article try to describe and evaluate those cases in the point of view of regarding them as trials of voluntary land use control by residents. Until 1987 some cases are found in which they tried continuous land use control, but most of them are unsuccessful. After 1988 20 communities in Kyoto inluding 5 in Nakagyo-ku 'Community Charter's were made and continuous land use control by residents is partly realized.

Second Report on the Application of the Community Charter of the Fundamental Social Rights of Workers

Second Report on the Application of the Community Charter of the Fundamental Social Rights of Workers

New community charter to be launched in 1992.

A new charter to tackle the 'bloody mess' of community health services will be launched next year, RCN President Professor June Clark has announced.

The European Community's Charter of Fundamental Social Rights of Workers

On December 8-9, 1989, the Member States of the European Community gathered together in the European Council at Strasbourg, solemnly declared, with the sole dissent of the United Kingdom, a Charter of Fundamental Social Rights of Workers.' The development of the 1992 programme carried with it increasing concern about the social consequences of the creation of the single internal market. The social policy of the Community, as developed over its first 30 years, did not seem adequate to the task.2 An attempt to overcome the stalemate preventing the Council approving many Commission proposals on social policy was made by the launching in 1985 of the Val Duchesse 'social dialogue' between the European level trade union and employers' organisations (ETUC and UNICE),3 reinforced by the provision in Article 118B of the Treaty inserted by the Single European Act. But this effort did not satisfy the perceived need for the formulation and implementation of a comprehensive social dimension for the 1992 programme. Building upon the Belgian Presidency (the Labour and Social Affairs Council of May 1987) and an Opinion of the Economic and Social Committee (the Beretta report of November 1987),4 a working party of the Commission in 1988 proposed a body of minimum social provisions.5 Thereafter, the development was very rapid: following an Opinion of the Economic and Social Committee in February 19896 and a Resolution on Fundamental Rights of the European Parliament in March 1989,7 a first draft of a Community Charter of Fundamental Social Rights was published by the Commission in May 1989, a second draft was produced in October 1989 and the December summit approved the final Charter.8 Shortly before that summit, the Commission had produced a communication concerning its Action Programme relating to the implementation of the Community Charter.9

The Implementation of the Community Charter of Fundamental Social Rights

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