EUU, Alm.del - 2007-08 (2. samling) - Spørgsmål 113: Spm. om kommentar til henvendelse af 4/6-08 fra LO Storbyerne vedr. sikring af konfliktretten, til statsministeren, kopi til udenrigsministeren

PROTOCOL ON THE RELATION BETWEENECONOMIC FREEDOMS AND FUNDAMENTAL SOCIAL RIGHTSIN THE LIGHT OF SOCIAL PROGRESSTHE HIGH CONTRACTING PARTIES,HAVING REGARD to Article 3(3) of the Treaty on the European Union,CONFIRMING their attachment to fundamental social rights as defined in theEuropean Social Charter signed at Turin on 18 October 1961 and in the 1989Community Charter of the Fundamental Social Rights of Workers,RECALLING that the Union shall work for a highly competitive social marketeconomy, aiming at full employment and social progress,(Article 3(3) sub par. 1of the TEU)RECALLING that the single market is a fundamental aspect of Union constructionbut that it is not an end in itself, as it should be used to serve the welfare of all,in accordance with the tradition of social progress established in the history ofEurope;WHEREAS, in accordance with Article 6(1) of the Treaty on the European Union,the Union recognises the rights, freedoms and principles set out in the Charter ofFundamental Rights and in particular the fundamental social rights enshrined inthis Charter,BEARING IN MIND that, according to Article 9(new horizontal social clause)ofthe Treaty on the Functioning of the EU, in defining and implementing its policiesand activities, the Union shall take into account requirements linked to thepromotion of a high level of employment, the guarantee of adequate socialprotection, the fight against social exclusion, and a high level of education,training and protection of human health,

HAVING IN MIND that the Union and the Member States shall have as theirobjectives the improved living and working conditions, so as to make possibletheir harmonisation while the improvement is being maintained(Article 136 (1)EC Treaty = Article 151(1) TF EU),RECALLING that the Union recognises and promotes the role of social partners,taking into account the diversity of national systems, and will facilitate dialoguebetween the social partners, respecting their autonomy(Article 136a new =Article 152 TF EU),WISHING to emphasise the fundamental importance of social progress forobtaining and keeping the support of European citizens and workers for theEuropean project,DESIRING to lay down more precise provisions on the principle of social progressand its application;HAVE AGREED UPON the following provisions, which shall be annexed to theTreaty on the European Union and to the Treaty on the Functioning of theEuropean Union:Article 1[Principles]The European social model is characterised by the indissoluble link betweeneconomic performance and social progress, in which a highly competitive socialmarket economy is not an end in itself, but should be used to serve the welfareof all, in accordance with the tradition of social progress rooted in the history ofEurope and confirmed in the Treaties.Article 2[Definition of social progress and its application]Social progress and its application means in particular:(1) The Uniona. improves the living and working conditions of its population as well asany other social condition,b. ensures the effective exercise of the fundamental social rights andprinciples, and in particular the right to negotiate, conclude and enforcecollective agreements and to take collective action,c. in particular protects workers by recognizing the right of workers andtrade unions to strive for the protection of existing standards as well asfor the improvement of the living and working conditions of workers inthe Union also beyond existing (minimum) standards, in particular tofight unfair competition on wages and working conditions, and todemand equal treatment of workers regardless of nationality or anyother ground,d. ensures that improvements are being maintained, and avoids anyregression in respect of its already existing secondary legislation.

(2) The Member States, and/or the Social Partners,a. are not prevented from maintaining or introducing more stringentprotective measures compatible with the Treaties,b. when implementing Union secondary legislation, avoid any regression inrespect of their national law, without prejudice to the right of MemberStates to develop, in the light of changing circumstances, differentlegislative, regulatory or contractual provisions that respect Communitylaw and the aim of social progress.

Article 3[The relation between fundamental rights and economic freedoms](1)Nothing in the Treaty, and in particular neither economic freedoms norcompetition rules shall have priority over fundamental social rights andsocial progress as defined in Article 2. In case of conflict fundamentalsocial rights shall take precedence.(2)Economic freedoms cannot be interpreted as granting undertakings theright to exercise them for the purpose or with the effect of evading orcircumventing national social and employment laws and practices or forsocial dumping.(3)Economic freedoms, as established in the Treaties, shall be interpreted insuch a way as not infringing upon the exercise of fundamental social rightsas recognised in the Member States and by Community law, including theright to negotiate, conclude and enforce collective agreements and to takecollective action, and as not infringing upon the autonomy of socialpartners when exercising these fundamental rights in pursuit of socialinterests and the protection of workers.