| To complement the previous sections,
this section outlines political reflections and developments
made since the Amsterdam Treaty was agreed in June 1997, and
gives examples of early use of the unratified Treaty. Whilst
some observations made in this section are relevant at the time
of writing only, they will be a useful historical reference for
understanding the dynamics of the European integration process.
First, some of the sections of the new Amsterdam Treaty
already have more or less legal effect, such as the chapter on
social provisions and the employment title. The declaration on
the new Article 95 also has potential impact before
ratification. These aspects are expanded upon below.
The publication of Agenda 2000 and subsequent European
Employment Summit in Luxembourg are both landmarks in the
framework of the Treaty revision. Together with other sections
in this chapter, they provide good illustrations of the
political process.
Finally, the European Parliament's views on the Treaty and
its aspirations for future institutional change along with some
views of the European Commission as expressed in various press
releases, give examples of implications for the main EU
institutions.
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The Amsterdam Treaty must be ratified in each Member State
before it comes into force (see table in section H).
Whilst most sections of the Amsterdam Treaty cannot be put to
any practical use until the Treaty is ratified, some provisions
have already opened up opportunities.
As noted above, the declaration on Article 95 specifies that
the needs of disabled people shall be taken into account when
internal market legislation is adopted. This text is not legally
binding and confers no legal rights.
Nevertheless, on the basis of this declaration, it could be
argued that the Commission, as the body which proposes
legislation, is obliged to set up some mechanism whereby all
internal market proposals are "disability-proofed",
i.e. tested to see whether they have any negative impact on
disabled people, and amended if this is the case. It could also
be argued that the Commission should consult disabled people
when drafting its proposals.
It is generally admitted that the Commission could take
action immediately to achieve the objective set out in the
declaration if it so wished. This is because the declaration is
non-binding and its legal effect will not be greatly altered by
the ratification of the new Treaty. At the very least, the
Commission should already be considering how it can ensure that
the needs of disabled people are taken into account when
internal market legislation is proposed following the
ratification of the Amsterdam Treaty.
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Fourteen of the fifteen Member States signed up to the
Agreement on Social Policy under the Maastricht Treaty, and are
legally bound by this. Once the Amsterdam Treaty is ratified,
the Agreement on Social Policy will be incorporated into the
main body of the Treaty, and will legally bind all fifteen
Member States. However, legal and political changes resulting
from the new chapter on Social Provisions can already be noted,
even before the Amsterdam Treaty comes into force.
The fourteen Member States have adopted three directives
under the Maastricht Agreement on Social Policy. These cover
parental leave, consultation of workers in certain undertakings,
and, most recently, part-time work.
Now that the UK government has committed itself to take part
in the Agreement on Social Policy, these directives can also be
extended to cover the United Kingdom. This is made legally
possible by the use of other Treaty articles which do apply to
the United Kingdom, such as Article 100 (internal market
legislation) or Article 118a in the existing chapter on social
provisions. These Treaty articles can provide the legal basis
for a directive which covers the United Kingdom, and which is
identical in nature and scope to that already applying to the
other Member States as a result of the Maastricht Agreement on
Social Policy. Accordingly, the directives on parental leave and
consultation of workers were extended to cover the United
Kingdom in December 1997, and the Commission is proposing a
measure which will extend the effect of the part-time work
directive.
Therefore, even before the Amsterdam Treaty is ratified, it
will be possible for the fourteen Member States to continue to
adopt social policy legislation on the basis of the Maastricht
Agreement on Social Policy, and for this to be extended to the
fifteenth Member State using other Treaty articles. Once the
Amsterdam Treaty has been ratified, the new chapter on social
provisions will provide the legal basis for the legislation
which will cover all Member States.
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In Amsterdam, it was agreed that the provisions of the
employment title will be made effective immediately, in advance
of ratification. The Luxembourg presidency was asked to organise
an extraordinary Employment Summit.
On 20 and 21 November 1997, EU leaders met in Luxembourg to
agree on common guidelines for job creation and to substantiate
the Employment chapter of the Amsterdam Treaty. The measures
that were agreed centre around a set of employment guidelines,
which will be transferred into national action plans in each
country.
The guidelines concentrate on four areas: improving
employability, increasing entrepreneurship, improving
adaptability in businesses and employees, and strengthening
equal opportunities. Under this last heading, the European
Disability Forum, through a great deal of campaigning, was able
to achieve a specific reference to disability. Paragraph 79 of
the Job Summit conclusions states:
"Promoting the integration of people with
disabilities (sic) into working life
The Member States will - Give special attention to the
problems people with disabilities may encounter in
participating in working life."
This explicit commitment is of prime importance, particularly
as it has been included in the section relating to the
strengthening of policies for equal opportunities.
Returning to the national action plans, which must be
submitted to the Council and Commission by 15 April 1998, it is
vital that they be drawn up in consultation with NGOs, and
specifically with NGOs of disabled people and parents of
disabled people unable to represent themselves. The political
impetus of Paragraph 79 must be maximised and the disability
movement must continue to voice its ambivalence about the new
buzzword – employability. .The employment chapter and the
outcome of the summit will of course have repercussions on the
long awaited Commission communication on a new employment
strategy for disabled people. It is of paramount importance
that this should be adopted as soon as possible. Without it, an
ad hoc, piecemeal approach to the critical employment situation
of disabled people will continue. The paper must also provide a
sound frame of reference regarding disabled workers and
potential workers for the 1999 guidelines and national actions
plans.
The EDF also urges that the resources which are to be made
available via the European Investment Bank and the European
Employment Initiative agreed by the European Parliament for
small and medium enterprises should also include a ring-fenced
amount for actions to promote the employment opportunities of
disabled people.
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Agenda 2000 was presented by the European Commission shortly
after the Amsterdam Treaty was agreed, and sets out the
Commission's detailed strategy for enlarging and strengthening
the Union for the 21st century.
The EU faces significant challenges on the road to
enlargement and related reforms. Progress in one direction is
inextricably linked to advances in the other. All European
citizens will be affected. This article looks at several issues
raised in Agenda 2000 – issues which the disability movement
must consider if it is to take an active part in the new
agenda’s implementation.
Disabled people should ensure the disability perspective is
taken on board in the "mainstream" debate. The EDF
will follow this area carefully and a working group has been
formed to lead the work.
D.1. Strengthening…
Agenda 2000 suggests strategies for achieving growth, as well
as improving employment and quality of life. Related aspects
include:
- new impetus for education and training programmes that
promote transnational mobility for young people;
- making social protection systems more employment-friendly;
- reforming pensions and healthcare;
- promoting a more cohesive and inclusive society by giving
more attention to public health and the enforcement of
environmental regulations;
- the progressive establishment of an area of freedom,
security and justice.
Other proposals extend to the strengthening of a citizens'
Europe and the organisation of a new IGC shortly after 2000. The
latter would continue the institutional reform not completed in
Amsterdam. Disability organisations need to monitor their role
in civil dialogue and the impact of any changes in voting
procedures for disability-related affairs.
Given that the income per capita of the applicant countries
is only a third of the Union average, cohesion and structural
polices will become increasingly significant. There is potential
scope to improve the disability-related aspects of these
policies, thanks to the greater importance attached to social
and employment affairs at EU level. The new agenda also
highlights EU proposals to reform the common agricultural
policy, and fresh priorities for rural development.
D.2. … and enlargement
In the framework of Agenda 2000, the Commission analyses each
applicant State in more depth than during previous application
negotiations. The so-called Copenhagen criteria are now taken
into account, extending analysis to future prospects of
compliance. An applicant State must have "achieved
stability of institutions guaranteeing democracy, the rule of
law, human rights and respect for and protection of
minorities." The EDF will seek to ensure that
the disability dimension has been successfully taken into
account in the Commission’s annual reports on applicant
countries and fulfilment criteria.
Accession partnerships with applicant States are being
established, bringing together all forms of EU assistance
to support the applicants’ preparation. Disability
organisations in the current EU Member States should support
partner organisations in the relevant countries, thus ensuring
that some of these resources are spent on improving the
situation for disabled people.
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E.1. European Parliament
During the intergovernmental conference on the Treaty on
European Union, the European Parliament was keen to extend, as
far as possible, the powers and competence of the EU. As an
institution the European Parliament was, of course, most
interested in extending the codecision procedure to cover all
categories of legislation. This would greatly enhance the powers
of the Parliament within the EU decision-making and legislative
process.
The European Parliament was a key supporter of the inclusion
of a general principle of non-discrimination in the Treaty text,
successfully achieved in the chapter on principles of the EU.
Parliament was also a vigorous supporter of the incorporation of
fundamental social rights into the Treaty – and reference to
fundamental social rights was made in the Treaty text under the
chapter on common provisions. While the non-discrimination
clause was inserted into the existing Treaty structure, the
Parliament also pushed strongly for the creation of a new
chapter in the Treaty dedicated to employment policy and a
separate chapter on social policy. The Social Affairs Committee
played a leading role in developing the ideas of Parliament, on
the revised Treaty, in the field of social policy.
The European Parliament adopted its Resolution on the
Amsterdam Treaty in Strasbourg on 19 November 1997. The
Parliament regrets that one of the main aims of the Treaty
revision was not achieved, namely to put in place the
institutional reforms needed to ensure that an enlarged Union
would be effective and would function democratically.
The European Parliament recognises that the opportunities
provided by the new Treaty can lead to tangible results only if
the political will is there. It recognises that the Amsterdam
Treaty is, in many ways, of greater significance as a political
than as a legal tool. The European Parliament is keen to
execute, as far as possible politically, the terms of the
Amsterdam Treaty prior to its ratification. In this, it differs
from the other EU institutions, in particular the European
Commission, which is less willing to recognise and adhere to the
terms of the Amsterdam Treaty prior to its ratification.
While welcoming the extension of the codecision procedure,
the European Parliament would like to see its own powers
increased to make any amendment to the constituent Treaties
subject to parliamentary approval, and is also calling for a new
method to be introduced for preparing and adopting Treaty
amendments. The European Parliament would like the codecision
procedure to be extended to the areas of legislation not yet
covered and regrets that qualified majority voting has not been
broadened either.
The European Parliament welcomes the enhanced powers provided
in the Treaty in a number of policy areas, as in the areas of
employment, social policy and health. In the area of social
policy the European Parliament has asked to be kept informed of
negotiations between management and labour, and where agreements
between the latter are implemented by a Council decision they
should be subject to Parliament's approval. On the matter of
transparency, the European Parliament calls for improved public
access to EU information. Despite its requests for further
improvements, overall the European Parliament welcomes the new
Treaty and calls for its ratification by all Member States.
E.2. The European Commission
The Commission objectives for the IGC centred on
institutional reform, which it regarded as essential to ensure
that the structures of decision-making were consistent with the
needs of an enlarged Union with over 20 Member States, and to
achieve the goal of a strong Europe, able to fulfil the
expectations of its citizens. The changes were perceived as
necessary on account of both future enlargement and economic and
monetary union. However, institutional changes require
unanimity, which is difficult to achieve in the absence of
sufficient political will. Still, the Commission recognised the
result as a positive one, especially as it brought important
areas, such as the chapter on social provisions, more clearly
into the ambit of Community decision-making.
The results of the IGC, and the Treaty – including the
extension of majority voting to new areas –, were regarded as
a positive step forward. While welcoming the progress made, it
was recognised that a new intergovernmental conference would be
necessary for a complete examination of institutional
structures.
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