CHARTER OF FUNDAMENTAL RIGHTS:
LA LUTTA CONTINUA

 
The coming four months will be crucial in strengthening the democratic character — and thereby the credibility — of the European Union. The on-going Intergovernmental Conference (IGC) will be concluded by the Nice Summit in December. It will be in Nice that the future framework of an enlarging EU will be decided upon. The questions of power-sharing within the Union and the definitions of European democracy are at stake.

Apart from the IGC, a special Convention, consisting of representatives of 15 governments, 15 national parliaments and the European Parliament has worked hard to produce an outline of the European model of justice and democracy, to be as valid in the present member states as in the candidate countries. The preliminary conclusions of the Convention — which will continue its work — were made public on July 28th. As a matter of fact, the published text with its 52 articles, was the 45th version of the Charter of Fundamental Rights.

The European Trade Union Confederation ETUC launched a campaign to promote fundamental rights which went on from late March to the beginning of September this year. The campaign was built upon lobbying activities and national conferences in the member states and European action by the ETUC. All of this took place in co-operation with non-governmental organisations (NGOs) at all levels.

The Finnish national conference was held in Espoo on August 24th. A Finnish member of the Convention, Ms. Tuija Brax, MP, had an opportunity of defending the draft Charter in front of the 130 participants, most of them representing the trade unions. Many unionists expressed their concern at the weakness of the text, particularly in the articles dealing with the labour market, freedom of association and collective bargaining.

The same echoes were repeated in Brussels a week later when the ETUC and the NGOs held their conclusive conference. An atmosphere of dismay and disappointment was prevalent. The draft Charter does not echo the expectations of the ETUC, at all. Indeed, in its present form, its adoption by the Biarritz or Nice Summits would mean a clear weakening of the existing levels of rights, as defined by the EU, the Council of Europe or the ILO. Just to take one example: the concept "trade unions" does not appear in the text, as if it were a pair of "dirty" words. In the words of the ETUC General Secretary, Emilio Gabaglio, "a weak charter will leave us struggling to make up lost ground".

The ETUC and its affiliates will therefore sharpen their efforts to improve the text and extend the national rights, including trade union rights, to the European level. A campaign to convince the governments of the member states, including Finland, and of the candidate countries to improve the proposed text has already begun. The road to Nice may be tricky and stony, but the unions cannot afford being passive.

There will also be a massive gathering of European unionists in the city of Nice, on the eve of the Summit, on December 6th. Around 100.000 people are expected to come to make the point. The Finnish unions will also be present as they were in Porto, Portugal, in June. It is clear that this common European action will be supported by unionists in a country where the trade union density is one of the highest in Europe.

Markku Jääskeläinen

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