"This marks the beginning, not the end of the debate on more legal certainty for public services in the European Union" (draft declaration)
"This marks the beginning, not the end of the debate on more legal certainty for public services in the European Union" (draft declaration)
(Brussels, 20 November 2007)
The European Commission published this week its views on the further consolidation of the legal framework regarding provision, organisation and financing of public services, including social services within the European Internal market.
Following widespread debate all over Europe on the future of public services, the 27 heads of state and government agreed to include in the new Treaties of the European Union an explicit provision serving as a legal basis for horizontal legislation which would ensure that public services in Europe are able to fulfil their mission. We ask the European Commission not to evade this responsibility. The inaction intended by the European Commission would disregard concerns of European citizens, local authorities, service providers and users, which were also expressed by half a million signatories and the mayors of 10 European capitals to a European trade union movement petition.
Universal access to public services is a fundamental right and one of the distinguishing features of the European Social Model. Public services are equally essential to the economic development of towns, regions and Member States and underpin social, economic and territorial cohesion.
Once the new Treaty provisions, including the protocol, are ratified, they will bring more transparency and consistency across EU policies and establish some common principles and values for the provision of public services, while respecting the diversity of sectors and situations in Member States However, the European Commission’s proposal that it should provide legal guidance on the application of EU law through an on-line service cannot provide the clear, stable, transparent and democratically approved legal framework which Europe needs, and does not meet the clear responsibility laid on the EU by the new Treaties.
Nevertheless, contrary to the Commission’s claims, the Protocol on public services annexed to the new Treaties does not answer the need for horizontal legislative initiatives and more legal certainty. Moreover, it is indefensible that the Communication, purporting to interpret the new Treaties, neglects its principal innovation in respect of public services - Article 14 of the Treaty, which places new responsibilities on the EU and creates a new legal basis for Community legislation to be adopted by co-decision of the European Parliament and the Council of Ministers.
The PES Group within the European Parliament, together with Social Partners, regional and local authorities and civil society, will continue to campaign for a European legal framework for public services taking into account citizens’ concerns.
To be signed by PES Group, ETUC, EPSU, CEEP
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