EPSU preliminary comments on the Working Document on Services of General Interest
From Carola Fischbach-Pyttel, EPSU General Secretary
To the members of the Economic and Monetary Affairs committee
I would like to make some preliminary remarks about the Working Document on Services of General Interest (11.04.06), which is due to be tabled at your next meeting on 3 May. Also I would like to draw your attention to the fact that EPSU will submit a detailed response to the Working Document on 22 May, which we hope can be integrated into the formal ECON discussions on the document on 29 May.
On behalf of Europe’s public service workers, I would like to emphasise that this dossier is our number one priority at EU level. We have recently launched a campaign calling for a framework directive. For EPSU the most important element is to preserve the logical thread in the way the issue of Services of General Interest has been addressed by the European Parliament. Namely, that the conclusions of the EP response to the Commission’s White Paper on Services of General Interest follow the clear calls in the Langen and Herzog reports. In other words, we are placing a lot of hope that in adopting this report, the European Parliament will send a very clear message to the European Commission that now, this year, is the time to come forward with a draft proposal for a framework directive on services of general interest.
The Rapporteur, Mr. Rapkay has made some excellent points in the document, which I will highlight below:
- The document calls on the European Commission; "with an urgent request to start work on a European legal framework without delay" point 5, page 5. (epsu comment - the European commission has dragged out this process for too long and a concrete proposal, which can at least be debated on its merits is urgently needed).
- The document states that "the adoption of the Services Directive makes necessary a legislative framework for services of general interest" paragraph 7 page 3 (epsu comment - the Services Directive debate has left the issue of SGI ’in limbo’. Positive clarification of the missions of sectors, such as health and social services, but also gas, electricity and water, must be addressed positively at EU level, and not only in terms of market extension).
- The document states that "In the interest of clarity and legal certainty, so that authorities at national and local and regional level can fulfil their responsibilities, we need a coherent European legal framework" point 2 page 4 (epsu comment - the incremental effect of the European Court of Justice defining the level of application of community rules on a case-by-case basis must be addressed. Accountable, transparent and consultative drafting of legislation must take precedent over the ECJ framing the debate by default)
- The document states that "we do not have the right to ignore the legitimate expectations of millions of European citizens" and that "we must universality and territorial and social equality of access to essential public services for all the peoples of Europe" point 6 page 5 (epsu comment - in light of the recent developments in relation to the Constitutional treaty, this illustrates the need to reconnect to citizens based on legislative action, rather than through public relations)
- The document addresses the issue of the "exclusively social function criterion" point 3 page 6, and the issue of "industrial or commercial character", page 7, and frames these concepts within the idea of "Non-Market Services". (epsu comment - the legal examination of the term "exclusively social function criterion", needs to be a central pillar to this debate. EPSU recommends that to create a definable legal space for the solidarity principle within EU law, this concept needs to be extended to a "primarily social function criterion").
In conclusion, I would like to urge you to frame your initial debate on the working document based on these key concepts. EPSU, and public service workers throughout Europe, look forward to participating in this debate over the coming months.
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