Brussels, 13/09/2012 (Agence Europe) - The European Commission's announcement on Tuesday 11 September regarding withdrawal of the “Monti II” draft regulation (see previous edition) was welcomed by the two main European social partners, albeit for different reasons.
The representative for BusinessEurope businesses said “there is no need for any EU regulatory initiative in this area”, as the European Court of Justice rulings in the Viking and Laval cases have “set a fair test of proportionality for national courts to assess whether or not the right to strike is used proportionately in a given case”, a press release states on Wednesday 12 September. Leaving it up to the courts to judge whether the use of strikes has or not been abusive is “necessary to prevent situations in which strike actions excessively affect equally important rights and freedoms, such as the single market freedoms, or the fundamental right to property and to conduct a business”, BusinessEurope Director General Philippe de Buck commented.
The European Trade Union Confederation (ETUC) also “welcomes” the Commission's decision to withdraw the draft regulation but, unlike its counterpart representing private businesses, it considers that current case-law is detrimental to the interests of workers, as it prevents them from “fully enjoying their rights”. In order to correct that imbalance, the ETUC would like to see the Commission take action by proposing a protocol on social progress that would be attached to the European treaties. The main aim of that protocol would be to establish primacy of social law, described by the ETUC as a fundamental right, over economic freedoms (and not rights) in all circumstances. “The Commission should confirm that the EU is not only an economic project, but in fact has as its main objective the improvement of living and working conditions of its citizens. The Commission should understand that, if there is no social progress in Europe, workers will not keep supporting the European project”, said Bernadette Ségol, ETUC General Secretary, speaking on Wednesday 12 September. (JK/transl.jl)