Without being a priority, social Europe and a citizens’ Europe could be a key dossier for the French Presidency for two reasons. First, the timing is such that a number of legislative and policy issues have to be settled in the second half of 2008. Secondly, the personality of Labour Minister Xavier Bertrand, who is very close to President Nicolas Sarkozy and is considered a shadow prime minister, suggests that social policy will be given attention at the highest political level.

HALF DOZEN TEXTS

Only one proposal is almost certain to be brought to conclusion. The total revamping of EU social security legislation must be concluded in the latter half of 2008 with the adoption of the final chapters of the implementing regulation. This represents the finishing touches to a Herculean task, begun a decade ago, to revise one of the first European Community regulations (1401/71 and 574/72).

Three other matters have been under discussion for a number of years:

- Working Time and Temporary Agency Work Directives have been grouped into a single package since the Portuguese Presidency. The first text (tabled in 2004) amends the 1993-2003 directive on two key points: the definition of working time, in order to counteract case law relating to on-call time (which likens it to working time) and the stricter rules on derogations from the weekly limit on working time (the ambition of abolishing this opt-out withered away in the course of the different discussions). The second text (tabled in 2002) establishes equal rights between temporary and permanent workers. After the agreement secured at the Employment Council of June 9, it still needs Parliament’s consent in second reading, which is far from guaranteed.

- Supplementary Pensions Directive (tabled in 2005) is meant to facilitate the free movement of workers by ensuring access to supplementary pension plans offered by private companies. This is a sensitive issue on which Germany and Luxembourg have strong misgivings (the very first discussions did away with the aspect of pension transferability). The Council has yet to reach agreement on this.

The Commission is also preparing a number of texts that are slated to be presented to the Council during the second half of 2008:

- A proposal on European Works Councils to supplement the 1994 directive, with a view to correcting certain flaws and closing legal loopholes (text proposed by the Commission after the failure of the social partners’ negotiations).

- A draft directive and communication on combating discrimination on grounds of disability and age and other cases of discrimination (sexual orientation, religion and beliefs). The challenge – first for the Commission and then for the Council – will be the scope of the directive and the mandatory nature of its measures.

- A new proposal on patient mobility and liberalisation of the health care market. This is another sensitive issue, on which the previous Health Commissioner, Markos Kyprianou, was unsuccessful in December 2007. Securing a far-reaching text on this subject will be tough because there will be a narrow path between a debatable legal basis (internal market) and Court of Justice case law, and a complete regulation on health care reimbursement currently being drafted and the states’ reluctance to open up their health care markets in a context of strict budgetary monitoring.

A related subject is the fight against black market labour. The directive harmonising penalties against employers hiring illegal immigrants will be studied by the European Parliament at first reading in November 2008. The French Presidency intends to reinforce the fight against transnational illegal labour via a system under which member states will exchange the data needed to monitor the legality of employment conditions.

NEW SOCIAL AGENDA

The development of the new Social Agenda will no doubt be the most politically important project of the French Presidency. The aim is to establish the broad social guidelines for the years 2008 to 2013 based on a Commission communication presented in July. Its content may be strengthened by the report to be drafted by MEP Alain Lamassoure on citizens’ Europe, which will demonstrate that social Europe still suffers from serious shortcomings.

This discussion will tie in with two other debates: the mid-term review of the financial perspectives and the future of the Lisbon Strategy beyond 2010. According to the French Presidency, the idea is to “reinforce European economic growth, increase employment and in general achieve the realistic objectives set in common”. The term “realistic” is not included for form’s sake. “We need to examine why we have not achieved the objective and take appropriate measures,” said a French official.

On employment, the Presidency will report on the work of the ‘flexicurity’ mission undertaken in May and will try to flesh out the principles adopted by the European Council in 2007. It will also conduct an initial assessment of the EU Globalisation Adjustment Fund and try to identify ways it could evolve in the future.

The December summit could — if the political context allows — kick off new work in the social sphere, in particular on services of general interest.

SERVICES OF GENERAL INTEREST

Based on an evaluation of the work already achieved – to be presented by the Commission in July – the Presidency intends to take forward analysis of the legal framework for economic services of general interest (ESGI) and social services of general interest (SSGI). It intends to remain “vigilant,” commented an expert, on the Commission’s implementation of its promises, to ensure that the unique mission and characteristics of such services, in terms of operating and financial constraints, are taken into account in sectoral approaches, for example on enhancing competition in network industries, or in the framework of assessment of implementation of the ‘Altmark package’ and in terms of a cross-cutting instrument. The French EU Presidency also intends to “pursue reflection on the specific nature of social services”. If need be, implementation of Protocol 26 to the treaty allows more decisive action by the European Commission on the subject.