Democrat Briefing for Trade Unionists (Number 1)
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 Member State
"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 Union."
Comment Currently there are roughly 1.5
million unemployed in Britain according to the government; how will they be able to engage in work or choose
an occupation? Is it possible for anyone to choose to work in the civil service
(currently attempting to axe 104,000 jobs at Gordon Brown's request) or in the
postal service where enforced privatisation is causing closure of post offices
due to EU directive 96/67/EC? And what of the chance of jobs in manufacturing
when manufacturing jobs are disappearing in thousands monthly due, partly, to EU
policy on export of capital?
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".
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 Britain unless there is a government at Westminster prepared to change
current policy. But then we would not need the EU Constitution and is therefore
irrelevant to collective bargaining and action.
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 Britain by
trade unionists. Again the constitution can be seen to be irrelevant to workers
rights and aspirations! Improvement will only come through the actions of trade
unionists themselves.
In
Germany Siemens workers have agreed to an extension of the working week from 35
to 40 hours for no extra pay in two North Westphalia
plants and a Christmas bonus has been stopped. This was agreed to stop jobs
being transferred elsewhere; Daimler Chrysler has done something similar.
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 Iraq in February
03 or the 27 November 2004 Coventry Jaguar jobs demonstration have been banned on grounds of "public
safety", for example, if this Article was in operation? On the basis of this
article alone the EU Constitution should be condemned; in the name of freedom
freedom is destroyed!
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 everyone residing and moving legally within the EU is
entitled to social security and 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 Europe Mr MacShane MP, Foreign and Commonwealth Office.
Notes by Ron
Dorman - 22 November 2004