Democrat Briefing Number 1
For
Trade Unionists
How
the EU state
Constitution
affects you
Below are printed some Articles from Title 1, Dignity of the EU Constitution. They are accompanied with “Explanations”, which are a legal part of the Treaty*, together with comments - please read them as they affect you directly.
Article
15:
Freedom to
choose an occupation and right to engage in work
"1) Everyone has the right to engage in work and to pursue a freely chosen or accepted occupation.
“2) Every citizen of the
Union (EU) has the freedom to seek employment, to work, to exercise the right of
establishment and to provide services in any
“3) Nationals of third
countries who are in the territories of the Member States are entitled to
working conditions equivalent to those of citizens of the
Comment
- Currently there are roughly 1.5
million unemployed in
Agreeing to a constitution will not produce jobs, only a government economic strategy that does not rely on “free competition” can do that but it would be banned by the EU!
Article
28:
Right of
collective bargaining and action
"Workers and employers, or their respective organisations, have, in accordance with Union law and national laws and practices, the right to negotiate and conclude collective agreements at the appropriate levels and, in cases of conflicts of interests, to take collective action to defend their interests, including strike action".
The Explanation with this article states in part: "The modalities and limits for the exercise of collective action, including strike action, come under national laws and practices, including the question of whether it may be carried out in parallel in several
Member States".
Comment
- As collective bargaining and action depend upon national laws nothing changes
in
Article
27:
Workers’
right to information and consultation within the
undertaking
"Workers or their representatives must, at the appropriate levels, be guaranteed information and consultation in good time in the cases and under the conditions provided for by Union law and national laws and practices".
Comment
- As with collective agreements information and consultation are dependent on
national laws and national practices. This article shows conclusively that it is
no good merely to point at what workers in other European countries (are said
to) have as some trade union leaders do. Shortcomings have to be campaigned for
in
Note. In
Germany Siemens workers have agreed to an extension of the working week from 35
to 40 hours for no extra pay in two
Art
31:
Fair and
just working condition
"1) Every worker has the right to working conditions which respect his or her health, safety and dignity.
“2) Every worker has the right to limitation of maximum working hours, to daily and weekly rest periods and to an annual paid leave".
The Explanation with this article says it is based on existing EU directives 89/39/EEC and 93/104/EC, Art 3 of the Social Charter and point 19 of the Community Charter on the rights of workers and on Art 26 of the revised Social Charter.
Comment - Although the government has signed up to the Social Charter, all EU treaties and the EU Constitution the H&S Executive has been cut and accidents at work are increasing. Further, many workers work in firms employing less than 20 workers and are not permitted trade union recognition. As a result these workers are often low paid and have to take on two jobs to make both ends meet so there is no limitation of hours for them on hours worked. Elsewhere in the EU Constitution it speaks of equality!
Article
12:
Freedom of
assembly and of association
"Everyone has the right to freedom of peaceful assembly and to freedom of association at all levels, in particular in political, trade union and civic matters, which implies the right of everyone to form and to join trade unions for the protection of his or her interests". Explanation.2 states: "No restriction shall be placed on the exercise of these rights other than such as are prescribed by law in a democratic society in the interests of national security or public safety for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others. This article shall not prevent the imposition of lawful restrictions on the exercise of these rights by members of the armed forces, of the police or of the administration of the state".
Comment
- Whilst Art 12 confers the right of assembly and of association it
is conditional upon so many things such as “national security”, “public safety”,
“disorder”, “health”, “morals” and “rights and freedom of others” to be
practically meaningless and undermines rights we already have in Britain. But if
all the conditions are not fulfilled the state administration, police or even
the armed forces can be brought against those involved in assembly or
association. Would the massive two million demonstration against the war in
Article
34:
Social
security and social assistance
This article is too lengthy to quote in full. However it says:-
1) it respects entitlement to social security benefits and social services
2) everyone residing and moving legally within the EU is entitled to social security and
3 ) the EU respects the right to social housing for those who lack sufficient resources. In each case it is in accordance with EU law and national practices.
Comment - The article does not say is what the level of benefits would be to, say, the level of wages or if they would be means tested. However, existing EU treaties limit government borrowing to 3% of the gross domestic product (GDP) and debt to 60% of GDP. Therefore there is every incentive to keep benefits low.
* Note. The copy of the EU Constitution used here was obtained from the
Minister for
Notes by Ron
Dorman
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