From 21 to 22 September 2023 took place in Strasbourg / France a seminar about “Preserving the rule of law and a functioning democracy – the role of workers in the public sector”, organized by EUROFEDOP (Europese Federatie van het Overheidspersoneel), in cooperation with EZA and funded by the European Union.
Thursday, 21.09.2023
Mr Alain Mazeau, Vice-President of EUROFEDOP, welcomed all 96 participants from 15 different countries to the European Parliament in Strasbourg, which has 705 members from all 27 countries of the EU. He highlighted one major common challenge: the difficulty in recruiting qualified workers for the public sector. The lack of workers and the need for generational renewal have resulted in an increased workload, forcing many workers to exceed their capacities and skills, and it has a detrimental impact on the well-being of residents.
Mr Piergiorgio Sciacqua, Co-President of the European Centre for Workers’ Questions (EZA), emphasized the need for a clear roadmap for the union's direction up to 2030 in the light of the upcoming elections, considering economic growth and technological innovation. He raised doubts about whether the interests of Silicon Valley align with those of the general population, with the middle class under threat. Against this background, the EZA Co-President pointed to the importance of politics, social dialogue and democracy. After Mr Sciacqua’s speech, the participants discussed several points. Social dialogue was recognized as being under attack at all levels, and the importance of collective action and collaboration in addressing challenges was highlighted. Techno-optimism was noted as a concept, but it was acknowledged that optimism might not always align with practical realities. Mr Sciacqua emphasized, that there is a considerable range of actions that we can undertake to address our challenges.
Ms Irène Weiss, Regional Advisor of the Council of Grand Est, highlighted the close collaboration of the European Parliament with the Social Economic Committee, which serves to engage in constructive dialogue with grassroots organizations. It shows the significance of grassroots opinions and the importance of insights in decision-making. In this respect, the European Parliament tries to foster public engagement and ensures that people do not perceive themselves as marginalized.
Mr Norbert Schnedl, President of Eurofedop, talked about the essence of democracy, which depends a lot on individual activism; democracy is fundamentally synonymous with participation. This obliges public servants to uphold the rule of law, which at European level is protected by the European Court of Justice, while the European Charter of Social Rights serves as a guiding compass. Mr Schnedl also underlined the paramount importance of an independent media in maintaining democracy.
Mr Lukas Mandl, Member of the European Parliament (ÖVP/EPP Austria) (Online), shared actions and visions related to raising the living standards and improve the quality of life for all European citizens through legislative harmonization. On the critical side, he pointed to Europe's weakness in skilled worker migration and the associated risk of de-industrialization, which could lead to decreased competitiveness. This issue is intricately connected to safeguarding social rights and maintaining Europe's standing in the global landscape. The discussion following the introduction speeches focused on aspects such as the level of trust between trade unions and politicians, as well as the role of health, which is a national competence.
Mr Lazar Jovevski, Professor for Labour and Social Law, presented insights on social dialogue and the rule of law in Europe from a comparative perspective. He pointed to challenges in all European countries, such as the welfare system, which is undergoing transformation due to shifts in population demographics and mentioned as well as the increasing importance of digitalization and artificial intelligence. Regarding the latter, the question of how to develop the necessary skills to adapt to these changes was raised. Professor Jovevski stressed the need for a democratization of collective bargaining, meaning that we need more trade unions who will act as representative social partners. Hence, membership needs to be increased and new members need to be reached out to. There is a way to achieve trade unions’ goals when collective bargaining is not functioning: strike - or social dialogue in the street. In trade unions, unity is the first and last question to gain power - the researcher encouraged trade union members to cultivate the spirit of collaboration.
During the discussion following the professor’s presentation, participants talked about the persistent shortage of qualified workforce in critical sectors such as construction and medical professions, including physicians. Furthermore, robots and AI are capable of replacing many human tasks and even jobs. Trade unions need to be active partners in change and contribute to the creation of new jobs. Participants from Western Balkan countries furthermore raised the problematic situation of labour immigration and dwindling perspectives of their countries joining the European Union. Professor Jovevski put forward the idea of placing humans at the centre of transformation in order to have a mechanism of protection.
Friday, 22.09.2023
Ms Anna Sander, Member of the European Parliament (EPP France) started by emphasizing that the rule of law represents a fundamental pillar of our democratic system. While diverse political views may sometimes lead to disagreements, it remains possible to reach compromises through constructive dialogue, which serves as a paramount example of our parliamentary work. Significant efforts have been dedicated to advancing the European social rights framework. Ongoing discussions concerning minimum wage standards and salary transparency have been pivotal in promoting fair and equitable employment conditions.
Mr Henrik Kristensen, Executive Secretary of the European Committee of Social Rights, started by underlining the need to protect democracy in Europe, against the background of the current war on our continent. His presentation focused on the European Social Charter, which was adopted in 1961, and is one of the two most fundamental Treaties adopted by the Council of Europe. He presented the Charter, its numerous areas and specifically two mechanisms, the reporting and the complaints procedure. In the complaints procedure, trade unions have a privileged position. Since the initiation of the mechanism, EUROFEDOP was one of the very first international organizations to use this procedure, back in the late 90’s, in cases concerning the right to organize in the military. The ETUC can submit observations on all complaints and does it frequently, often with significant impact. In addition, the ECSR can invite any other organization, institution or person to submit information on complaints as a third party. This can be relevant for EUROFEDOP - it may be able to provide important information on complaints. Since the complaints procedure in 1998, there have been many complaints by public sector workers, especially regarding trade union rights and especially in police and the military.
Mr Kristensen presented a case that related to trade union rights in the police and that has led to changes in the Committee’s interpretation of trade union rights. He concluded by saying that trade unions and the Council of Europe need to put combined pressure on those (numerous) governments in Europe, which still have not agreed to become members in the complaints procedure. He also encouraged EUROFEDOP and his members to continue to engage not only with the complaints procedure as well as the reporting procedure.
Mr József Hajdú, Professor of Labour law and Social Security and Member of the European Committee of Social Rights of the Council of Europe (Video), stated that social partners, such as EUROFEDOP, hold a pivotal role in addressing collective complaints and related procedures. The implementation of a new system is scheduled to commence in 2023 (ad-hoc reports), with member states being obliged to submit a report detailing the initiation of the European charter's implementation in the respective year. Follow-up mechanisms, including recommendations on implementing decisions will also be introduced. Mr Hajdú raised concerns regarding the emergence of online harassment as a new and alarming phenomenon, capable of rapidly provoking individuals over extended periods. Consequently, it is strongly recommended that state parties implement measures to combat online harassment effectively. Furthermore, the distinction between public and private sectors is blurring in many areas, and the question comes up, if there should be one labour law for all. Jobs might be the same, but the working conditions and employment relationship are very different. However, there are key elements that support the argumentation that there should continue to be two different provisions in labour law. Professor Hajdú concluded by reminding participants that the protection of human rights requires an active participation by social partners: our role and responsibility is eternal.
Ms Daniela Senk, Head of Unit of Director General for Logistics and Conferences at the European Parliament, presented some insights of her work in the European Parliament. She discussed the issue of the seat of the European Parliament in Strasbourg and explained what it offers on top of the European Parliament in Brussels. Discussions following her presentation centred on the access of citizens and civil society to the European Parliament and to politicians working there. Bert Van Caelenberg raised the point that trade union representatives are lobbyists without money. One of our tasks on the European level is to channel the ideas and concerns expressed by our union members and effectively convey them to the members of the European Parliament. We need to maintain the ability to communicate with MEPs directly, ensuring that the perspectives and needs of our union members are properly represented.
Ms Annick Wenger, Secretary General of CFTC Grand Est Region, talked about challenges in the health care sector in France. Nurses have been particularly affected, experiencing various challenges, including emotional distress. These problems stem from a multitude of factors, including numerous healthcare reforms and the introduction of the activity-based pricing system known as T2A. These changes have had direct physical and mental consequences for healthcare providers. The situation was further exacerbated by the onset of the pandemic crisis, which added to the strain. Many healthcare professionals have opted to change their careers due to health reasons, and the pension reform further negatively impacted the recruitment and retention of staff in the healthcare sector. Given these challenges, there is a pressing need for comprehensive healthcare system reform.
Conclusion
As part of the conclusion, it was emphasized that the healthcare sector faces the challenge of achieving greater efficiency with fewer resources. Despite the urgency highlighted by the COVID-19 pandemic, this issue has largely faded from public discourse. There is a pressing need to explore strategies for better regulation in this sector, even though health matters cannot be directly addressed within trade treaties. It was noted that during the height of the COVID-19 crisis, there were notable discussions in this regard. The importance of health, being the industry most likely to garner a positive reaction from European citizens, was underscored.
In conclusion, within Eurofedop, while not representing all sectors, the education sector was recognized as one of the most crucial. It was suggested that efforts be made to identify organizations with education sectors and reach out to them for collaboration. This would involve sending requests for contacts to all relevant organizations and considering the inclusion of education-related matters on the agenda for the following year's meeting.