Presentation by Dr Christoph LECHNER, EESC Member during the public hearing on Strengthening EU cohesion and EU social policy coordination through the new horizontal social clause in Article 9 TFEU on 13.04.2011

1. Strengthening EU cohesion and EU
social policy coordination with
Art.9 TFEU
Own-initiative opinion of the SOC Section
Rapporteur: Mr Lechner
Public hearing 13 April 2011
EESC

2. Contents
1. Conclusions and recommendations (see pt. 5)
2. Background
3. General comments
4. Specific comments
5. Further proposals for conclusions and
recommendations

3. 2. Background
2.1 Horizontal Social Clause (Art. 9 TFEU):
“In defining and implementing its policies and
activities, the Union shall take into account
requirements linked to the promotion of a high level of
employment, the guarantee of adequate social
protection, the fight against social exclusion, and a
high level of education, training and protection of
human health.”
2.2 Horizontal Social Clause (HSC) ties in with other
horizontal clauses
on gender equality, combating discrimination,
environmental protection, consumer protection (Art. 8-
12 TFEU).
The EU and all its bodies have the obligation to apply
these horizontal clauses in all proposals, policies and
actions.
(including the EESC and the Member States)

4. 2.3 Aim of HSC:
All EU's activities take account of the social
dimension to achieve the fundamental values
pluralism, non-discrimination, tolerance, justice,
solidarity and equality between women and men (Art.
2 TEU).
2.4.1 EESC has to take into consideration the
legally binding HSC and all other horizontal
clauses in all of its opinions and other works,
thus strengthening the social dimension of the EU
2.4.2 In the light of the Lisbon Treaty, the role
of the EESC has also increased through the
inclusion of a horizontal clause on the social
impact of European policies.

5. 2.5 EESC has already adopted a comprehensive
opinion on the HSC and the open method of
coordination (OMC), that effective and vigorous
practical implementation of these horizontal
clauses in shaping and implementing EU policies
could significantly contribute to stronger EU
cohesion and social policy coordination.
2.6 In 2010 conferences of the Belgian Presidency
of the Council highlighted the importance of the
horizontal social clause and of the social impact
assessment systems (IAS) in the development of the
social dimension in the EU.
HSC demands a structural dialogue across and within
all EU institutions
2.7 Other mechanisms to improve social policy
coordination and cooperation, alongside the HSC,
include the OMC, taking account of
• cohesion policy
• social policy objectives of the EU and the Member

6. 2.8 IAS is a key tool in applying and implementing
the HSC.
The Commission supports this with its own
guidelines on the IAS in the context of good
governance and better and smart regulation.
2.8.1 The Commission, Council and European
Parliament have an inter-institutional agreement on
IAS.
2.8.2 DG EMPL
• guidelines on assessing social impacts and
• plans 11 impact assessments for 2011 in the
employment and social fields.
2.8.3 The European Court of Auditors analysed the
impact assessments for 2005-2008 and gave a
positive assessment

7. 2.8.4 Committee of the Regions cooperates with the
Commission on certain IAS´s.
2.8.5 The Council has called on the Commission
• to apply Art. 9 TFEU and the social IAS and
• proposal 29 for the Single Market Act suggests
conducting a social impact analysis.
2.8.6 Charter of Fundamental Rights
• is systematically taken into consideration in the
Commission's legislative proposals and
• Commission presented a strategy for its
implementation in 2010
2.8.7 EESC has already adopted positive opinions on
the introduction and application of impact
assessments.

8. 3. General comments
3.1 Art. 9 TFEU is one of the Lisbon Treaty's main
social policy innovations.
It provides a strong mandate to mainstream social
protection and inclusion objectives in EU
initiatives and policies.
3.2 Art. 9 TFEU is particularly important according
to the financial, economic and budgetary crisis in
many EU Member States
• balance between the development of economic
integration in the Single Market and the further
development of the social dimension of the EU is
necessary.
• implementation of HSC reduces long-standing
discontent and overcomes increasingly wide
scepticism in many Member States

9. 3.3 Member States have to apply the HSC when
dealing with EU matters, supported through social
IAS
3.4 Real participation by organised civil society
at all stages and levels is essential to ensuring
the effective use of the HSC.
The EESC brings together the most important key EU
stakeholders from all 27 MS and can make a
significant contribution to promoting and
optimising the IAS.
3.5 The EESC can help to develop and intensify
social policy objectives in the Member States, by
strengthening information sharing and cooperation
with the economic and social councils (ESCs) and
similar institutions in the Member States.

10. 3.6 The European Parliament plays a major role
• in the application of the HSC, amongst others
• in evaluating the social impact assessments
undertaken by the Commission and other EU
institutions on an ongoing basis.
3.7 The European Social Platform has an important
part
to play in ensuring that the HSC is satisfactorily
applied at EU and (sub-)national levels.
3.8 EESC will systematically verify
• in each opinion for the Commission or other EU
bodies and
• in its own-initiative opinions
an adequate impact assessment has been carried out
if it is necessary
• Otherwise the EESC will take suitable measures to
secure necessary IASs.

11. 4. Specific comments
4.1 Social policy provisions of the Lisbon Treaty
(in particular Art. 145 to 166 and 168 TFEU) and
Charter of Fundamental Rights (in particular
Chapter IV on solidarity)
give the HSC concrete form and must be fully
respected when it is applied.
4.2 EESC will publish an annual opinion on the
application of the social horizontal clause and its
contribution to the social development of the EU on
the basis of the Social Protection Committee's
annual report on the social dimension of Europe
2020.

12. 4.3 EESC and the ESCs and similar institutions in
the Member States ought to play their part as
stakeholders in the implementation of the HSC and
social IAS by supporting European citizens'
initiatives on social policy issues.
4.4 EESC and the Commission should conclude an
inter-institutional agreement specifying that the
Commission shall forward all impact assessments on
Commission dossiers to the EESC
4.5 Key social policy issues have to be taken into
consideration in EESC's other sections for example:
• social clauses in free trade agreements,
• social dimension of the internal market,
• sustainability impact assessments and EU trade
policy.

13. 5. Further proposals for conclusions and
recommendations
Independent academic contribution at the request of
the EU Belgian Presidency:
5.1 Lisbon Treaty and the Europe 2020 Strategy
provide a significant reinforcing balance between
economic, employment and social objectives towards
a stronger Social EU
5.2 Overall architecture of the new Europe 2020 EU
socio-economic governance is the large field for
applying the Horizontal Social Clause
5.3 Europe 2020 agenda in setting a social
inclusion target,
is highlighting three dimensions of poverty and
exclusion.

14. 5.4 New EU objective of "territorial cohesion"
concentrates
• cohesion funding on all Europe 2020 objectives and
• ensures that the EU social objectives are fully
taken into account in EU "territorial" policies and
programs.
5.5 Translating the EU target into meaningful
national
(and sub-national) targets is essential
5.6 The HSC requires the European Commission and EU
countries to
• mainstream the EU’s social objectives into policy-
making and
• carry out social impact assessments of all
relevant policies

15. 5.7 The European Commission should systematically
strengthen the role of social evaluation within its
Impact Assessment system
5.8 IA´s need to be a shift in the policy-making
culture and it is important to promote the
involvement of stakeholders in the process
5.9 Social Protection Committee (SPC) has a major
role to play
• in ensuring a strong social dimension for the
Europe 2020 Strategy and
• in implementing a more social EU
5.10 SPC will issue an annual report covering an
assessment of the EU headline target on social
inclusion and poverty reduction.

16. Thank you very
much
for your
attention!