KANBrief 2/14

"We need a strong social Europe with equally strong minimum standards"

Is social policy in Europe an unnecessary luxury at the expense of competitiveness? Or is a social balance absolutely essential for the promotion of growth in the interests of all citizens? What role does standardization play in a social Europe? Experts in social policy from the European Parliament, employers' and employees' representative bodies and the German government debated this topic on 26 March 2014 at the KAN conference under the heading "How much policy does standardization need?".

The European parliamentarian Thomas Mann (EPP, Member of the Committee on Employment and Social Affairs) stated clearly in his introductory speech that Europe has a colourful map of social systems. He considers it crucial that citizens be conscious of social security: "Social Europe must be so defining that we are aware of being a part of it."

How are social aspects reinforced in a market economy?

The Lisbon Treaty obliges the EU to pursue a social market economy. The efforts towards "more Europe" notwithstanding, the panel members did not however wish to see stricter regulation by Brussels, nor a one-size-fits-all social system. Both Renate Hornung-Draus from the Confederation of German Employers' Associations (Director-General European Union and International Social Policy, BDA) and Stefan Gran, representing the German Trade Union Federation (DGB) in Brussels, believe that substantially more is to be gained by creating a European framework that provides scope for the attainment of common goals.

In the view of Michael Koll of the German Federal Ministry of Labour and Social Affairs (BMAS), too, national flexibility must also be retained on a common European foundation in the sphere of occupational safety and health. We should not overstretch ourselves by seeking to harmonize completely the different social systems in the Member States. Why should the Scandinavians not be allowed to retain their tradition of allowing OSH provisions to be negotiated by the social partners rather than being regulated by statute? The European concert must retain the diversity of its instruments.

Extending the concept of minimum requirements

How, though, can the desire for European framework conditions and the respect for national traditions be reconciled? The minimum requirements model, which has a firm place in occupational safety and health, may also be an appropriate way of progressively harmonizing the social systems in other areas. Stefan Gran also takes a favourable view of the minimum requirements system, whilst however warning that standards would have to be revised upwards at appropriate intervals in line with technical and social developments.

The European Commission is currently seeking to simplify the legislation for the EU level. With the "Regulatory Fitness and Performance (REFIT)" programme, it is considering suspending EU legislative instruments in certain areas, including that of occupational safety and health, or abandoning projects that are currently in progress. The future of "smart regulation" in a social Europe is unclear. A final decision in this matter will be taken by the new Commission.

Toolbox for a social Europe

Further tools exist in addition to EU legislative instruments, such as the social dialogue and standardization. In the social dialogue, the social partners are able to reach joint agreements on OSH issues, either across the board or for specific sectors. The representatives of the social partners made it clear that they value this instrument highly, since it permits balanced and practical arrangements, but that it also has its limitations.

We are currently witnessing an increasing encroachment by standardization into non-technical areas of social policy. The forces behind this trend are companies who wish to see standards harmonized worldwide, and a lack of statutory regulation in certain countries. The EU Treaty states however that occupational safety and health is a matter for government policy. Renate Hornung-Draus considers it questionable for technical standards to be created by private organizations in areas which by rights should be regulated via democratically legitimized institutions – at EU level, specifically by the European Parliament and the Council of Ministers. The delegates were vocal in calling upon the European Commission to draw up a clear strategy defining the areas in which standardization is possible and beneficial.

Creating a shared umbrella for a social Europe whilst at the same time permitting the individual colours of the Member States was one of the key conclusions of the discussion. Another was that standardization is a tool that should be used only very selectively.

Angela Janowitz
janowitz@kan.de