Academic Preparation Kit for the 14th National Selection Conference of EYP Poland

14th National Selection Conference of EYP Poland Opole 2017 31.08 - 03.09

Academic preparation kit

Table of contents Infographics Topic Rationales Topic Overviews Committee on Constitutional Affairs Committee on Agriculture and Rural Development Committee on Culture and Education Committee on Economic and Monetary Affairs Committee on Employment and Social Affairs Committee on Environment, Public Health and Food Safety Committee on Industry, Research and Energy Committee on Legal Affairs Committee on Civil Liberties, Justice and Home Affairs

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Europejski Parlament Młodzieży EYP Poland Opole 2017 14th National Selection Conference of EYP Poland 31 August - 3 September 2017 nsc@eyppoland.com www.facebook.com/opole14nsc

ul. Nowogrodzka 31 00-511 Warszawa info@eyppoland.com www.eyppoland.com www.facebook.com/eyppoland Booklet designed by Maciej Kuczyński.

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Topic Rationales 10 | Topic Rationales

AFCO The Brexit aftermath: Opposite to the UK parting from the EU, recent elections’ results in different Member States highlighted the desire for improvement in European politics, with a focus on transparency and a equal democratic representation. Since those values are fundamental assets to debunk Euroscepticism, how can the EU enhance those democratic values within its borders?

Recent elections across Europe highlighted the desire for improvements in European politics, more specifically in the areas of transparency and democratic legitimacy.

Transparency has been subjected to a negative connotation, mainly as a result of the criticism on covert lobbying in European politics. As a response, the EU has introduced the Transparency Register, which obliges all individuals and organisations related to EU politics decision making to register. Moreover, the EU stressed the need for transparency in the Lisbon Treaty, which promotes citizens’ activity and highlights the importance of a democratic and representative Union. However, critics state that those measures are not sufficient to reach the desired level of transparency across all Member States.

Furthermore, the elections also pointed out the public desire for democratic legitimacy. Both Pro-European and Euroscepticism constituencies have argued that the current EU structure results in a democratically deficient configuration, meaning that European citizens are not represented equally. In order to fulfill those desires, the EU will have to find a way to balance equality among nations, as well as amongst its citizens.

Topic Rationales | 11

AGRI The Second Pillar of the CAP: The purpose of the Rural Development Policies' priorities and goals is to enhance the rural sector's crucial impact on the EU’s economy until 2020.

Considering the differences of extension and development of the rural areas across Europe, how can the EU ensure that these policies are homogeneously implemented by all Member States?

The Common Agricultural Policy (CAP) is one of the major EU policies due to both its allocated budget and its impact on the EU’s 500 million citizens. The CAP is composed by two pillars: a system of direct payments to farmers and the rural development policy respectively.

Since 2013, the rural development policy is to contribute to the implementation of Europe 2020 by promoting sustainable rural development. To achieve this, the European Agricultural Fund for Rural Development (EAFRD) was established to help developing a farming industry which is balanced in regional development, avoids damaging the climate, is resilient to climate change and is competitive and innovative.

The arrangements for implementing the second pillar vary greatly among Member States, and even inside their borders. In many cases, Member States have opted to continue with existing measures and not to try new innovatives measures in this programming period. This was especially due to the complexity of the administrative arrangements for implementing the second pillar.

Therefore, the challenge will be to strike the right balance between effectiveness and efficiency and aiming at all Member States being able to implement the second pillar of the CAP.

12 | Topic Rationales

CULT The power of languages: The linguistic diversity does not limit itself only to differences among Member States, but it is witnessed also within their borders. What measures should the EU take to ensure a common stance for national governments on second language learning in both formal and informal education?

Although most Member States do not longer have border controls, language barriers remain far more persistently. Even within their own borders, language differences are dominant, and often hinder communication. If more Europeans could learn a second language, this would reduce the negative effects of language barriers. This would improve, among other things, tourism, trade, employment and cultural understanding between different linguistic groups.

Moreover, second language learning may take place both in formal education, meaning the classic school setting, and informal education, which entails ways of education that escape this classic framework. Examples are attending conferences, eLearning courses, engaging in voluntary work or visiting an arts-and-crafts center.

However, education is a supportive competence of the EU, meaning the Member States cannot be legally forced to comply to the EU’s wishes. At the same time, the EU would still like to see a common stance for national governments on second language learning to have a more homogenous approach to it. In this scenario, the EU has already taken some actions in order to support the second language learning, such as conducting research on possible ways of improving language learning outcomes or setting up working groups. Even so, the EU should focus towards establishing a common approach to the matter and ensuring language proficiency throughout its borders.

Topic Rationales | 13

ECON A multi-speed Europe: While EU leaders are debating on the economic benefits of a flexible economic approach, countries with lower GDPs are still struggling to remain inside the Eurozone. How can the EU reach a sustainable economy for all Member States, without drastically reducing the use common currency within its borders?

The Euro is the official currency of 19 out of 28 EU Member States and is used by 338.6 million people every day, with these countries being collectively known as the Eurozone. Although shown multiple benefits, including no exchange rate fluctuations between currencies and the reduction of transaction costs. However, it can also present disadvantages, such as surrendering of monetary sovereignty to the European Central Bank (ECB) and the existence of only one interest rate. The aforementioned consequences can have negative impacts on struggling economies, overall hindering both consumption and investments.

The Annual Growth Survey 2017, launched by the European Commision, outlines that the Member States should heavily invest in fields such as youth, jobseekers, SMEs and start-ups to ensure a more inclusive and homogenous growth for EU countries both inside and outside the Eurozone.

Due to the inextricable link between Eurozone members and other EU economies, the future of the Eurozone hinges on the reassessment and overhaul of the monetary union structure. Only by addressing previous flaws the EU can achieve economic prosperity and prevent any further division between Member States on the basis of economic welfare.

14 | Topic Rationales

EMPL Fair labour mobility: A recent study of the European Commission has show that the Posting of Workers Directive is applied in different ways across the Member States. How can the EU improve its application within its borders and secure fair and equal rights for posted workers in all Member States?

One of the EU's founding principles is the creation of a Single Market (SM) featuring the free movement of workers and services and, therefore, a more friendly environment for cross-border employment relations.

In this scenario, the posting of workers, who are sent by their employees to carry out their services in another EU country, became a widespread phenomenon whose consequences lie at the very heart of the EU´s SM economic principles.

The number of posted workers in the EU has increased by 41.3% between 2010 and 2015, reaching the amount of 2.05 million. These data, alongside the change of the economy and labour market in the EU, has led the European Commission to revise the Posting of Workers Directive (PWD), whose main focus is to ensure that the rights and working conditions of the European posted workers are protected. Its revision has led to the implementation of the Enforcement Directive in 2014, strengthening the practical application of the PWD. Nevertheless, the PWD has left room for different interpretations resulting in significant national variations of its application amongst the Member States due to its flexibility in terms of regulations, scope of sectors covered, further provisions and lack of its sufficient enforcement.

As a specific form of temporary labour mobility, posting has been a prominent topic of public and political debate during previous decades. Therefore, the EU should strive towards ensuring that the workers’ rights are fair and respected, wherever the workers might be employed at any given time.

Topic Rationales | 15

ENVI Mens sana in corpore sano: In a world where workplaces tend to place unhealthy expectations on individuals, illnesses such as depression and anxiety quickly arouse. With an increasing number of EU citizens having mental health issues hindering them from performing their daily tasks, how can the EU act in order to provide appropriate treatment and counter stigmatization in the workplace?

Due to our modern and hectic lifestyle, the number of mental health patients in the EU has greatly increased during the past years. Even if policies and services addressing mental health are the responsibility of each Member State’s government, not all EU countries assigned the same importance to this matter.

Statistics and data showcase that up to 30% of all work-related illness is in correlation to stress. The amount of workload, as well as the constant pressure to succeed in this fast-pace environment has been linked to an ever-increasing risk of depression symptoms. The aforementioned results lead to the conclusion that individuals experiencing mental disorders lack treatment and the possibility of services to prevent mental illness and promote well-being. Aside from the obvious benefits for individuals, good mental health is important for the economic and social growth a in Europe. This work-related stress has become a pressing issue for the society and the workforce in general of the EU countries. It is linked to the development of mental disorders, such as anxiety and depression, is not only hindering employees to enjoy their job, but has dramatic consequences in a business’ productivity and efficiency.

The EU has adopted several policies such as the Joint Action (on) Mental Health and Well-being, launched in 2013, which lead to the European Framework for Action on Mental Health and Well-being. Even though the EU already took actions to ensure the mental well being for its citizens,, there is still a long road ahead in regards to improving how the situation is handled both in workplaces and within the EU society.

16 | Topic Rationales

ITRE Towards sustainability: The EU is working towards cutting its greenhouse gas emissions, encouraging all Member States to focus on a more sustainable energy production.

How can the EU ensure that all Member States will adhere to the guidelines proposed in the 2030 Policy Framework for Climate and Energy in order to make the EU’s economies and energy systems more competitive, secure and sustainable?

Since the creation of the 2020 Climate and Energy package, there has been a 22.8% reduction of greenhouse gas (GHG) emissions from the 1990 levels in the EU, through the creation of the EU emission trading system (ETS), and national targets for emission reduction and renewable energy consumption. In late 2014, with the approaching United Nations Climate Change Conference (COP21) and as the year 2020 drew closer, the EU presented the 2030 Climate and Energy Framework. Between 2020 and 2030, the EU aims at reducing GHG emissions, as well as increasing the share for renewable energy and improving energy efficiency by 7% each.

While some Member States are on their way to achieve the targets set out for 2020, there are many challenges that the EU as a whole is facing to achieve the goals set out for both 2020 and 2030. The reduction of emissions have been inconsistent across Member States. In order to continue its road towards clean and sustainable energy, policies must be reformed so that all Member States can reach the goals set out in 2020 and 2030.

Topic Rationales | 17

JURI Towards a faster and more efficient dialogue: With the Mediation Directive the EU encourages all Member States to use mediation to tackle cross-border disputes in civil and commercial matters. Considering that this method for alternative dispute resolution is at different stages of implementation in the different Member States, how can the EU promote a common approach to mediation within its borders?

With the freedom of movement of individuals and goods across European borders, comes for the EU the responsibility to ensure cross-border access to security and justice. In 2008, the European Commission put forward a Directive on Alternative Dispute Resolution (ADR) that makes use of out-of-court mediation to settle an agreement between two parties. Its aim is leading to solutions that both parties are likely willing to cooperate with on the long term. Compared to a court case, it is lower in costs, less time-consuming, and often results in friendlier relationships as well, helping sustain social cohesion within the European Union. In short, ADR is an ideal alternative for court cases for consumers that wish to express and solve an issue they have with a product, but not every EU Member State can provide the same access to and quality of mediation.

More importantly, EU Member States still differ greatly in the incorporation of mediation in their legislation. Their borders may physically separate EU citizens, but they should not stand in the way of a long-term solution when citizens clash on civil and commercial matters. Therefore, the EU still needs to ensure a balanced and homogenous implementation of dispute resolution approaches across its territory to boost economic, legislative and social cohesion.

18 | Topic Rationales

LIBE Communicating through diversity: The presence of different ethnical and cultural backgrounds is one of the EU’s main distinguishing traits. In the light of the conflicts that may arise when different cultural communities are treated differently in the various Member States, what should the EU do to ensure that the rights of national and ethnic minorities are equally respected within its borders?

The Lisbon Treaty is one of the most important documents of the European Union.

In its second article it is stated that the Union is founded on the values of respect for human dignity, equality, and respect for human rights, including the rights of persons belonging to minorities.

In the EU, there are still a lot of people that belong to ethnic and national minorities within their country of residence and that still face threats, discrimination and racism.

Religion, race, sexual orientation, country of origin, among many others are reasons why some people are confronted with the risk of being excluded from fully taking part in the economic, political, social and cultural life available to majorities in the countries where they live.

With such a variety of national minorities within the Member States and the increased difficulty in be compliant with the article 2 of the Lisbon Treaty, the EU countries should cooperate more actively and efficiently in order to defend the rights of all cultural communities across the EU’s territory.

Topic Rationales | 19

Topic Overviews

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Committee on Constitutional Affairs The Brexit aftermath: Opposite to the UK parting from the EU, recent elections’ results in different Member States highlighted the desire for improvement in European politics, with a focus on transparency and a equal democratic representation. Since those values are fundamental assets to debunk Euroscepticism, how can the EU enhance those democratic values within its borders?

By Erik Koeken (NL)

Constitutional Affairs | 21

Key terms • Degressive proportionality: An approach to the allocation (between regions, states

or other subdivisions) of seats in a legislative body, such as the European Parliament.

Degressive proportionality means that while the subdivisions do not each elect an equal number of members, smaller subdivisions are allocated more seats than in proportion to their population.

• Democratic deficit: The notion that not all citizens are represented equally. This is

currently the case in the European Parliament. where there is a set minimum number of six “base seats”1 for any Member State, no matter if it is too high in proportion with its population.

• Euroscepticism: Criticism and doubtfulness towards the EU and its principle as well as

its stability and the cooperation among Member States.

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Base seats: Every Member State, regardless of population size, gets a minimum of six seats in the European Parliament. Those seats are sometimes referred to as “base seats”.

22 | Constitutional Affairs

Social Relevance Increasing transparency and the democratic deficit, as central elements, have been recently debated in depth within society and politics, as a result of the renewed interest in the EU and its institutions. This trend has especially been seen in recent elections across Europe. In the aforementioned elections, many parties which aim for a more democratic and transparent EU, such as the Dutch D661 , French En Marche! 2, and Britain’s Labour3, managed to gain a higher number of seats in their respectives parliaments.

One of the reasons for the recent interest in the transparency of the EU was a EU-wide investigation on the General Expenditure Allowance (GEA)4. Emerging from the report, every month, the Members of the European Parliament (MEPs) receive €4,342 for renting national offices and other expenses. However, when asked about their expenses, 93% of the MEPs were unwilling to disclose the amount.5 Another prime example of lack of transparency are the negotiations concerning the Trans-Atlantic Trade and Investment Partnership (TTIP), that have already been criticised for remaining shielded from possible public scrutiny . In response to this criticism, the EU has published some of the material connected to the matter, blackening out large parts of this material as well, making it unreadable.6 Moreover, with Merkel and Macron in power, a new German-French axis seems to be emerging. They stated that they are open to “opening up treaties” and to further integrate the EU, making legislation process more transparent and homogenous. 7 Thus, European politics seems ready and desiring for changes in the construction of the EU, which highlights the importance of transparency and democratic representativeness.

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The Guardian, 2017. Dutch elections: Rutte starts coalition talks after beating Wilders into second – as it happened The Independent, 2017. French parliamentary elections: Emmanuel Macron's party En Marche! wins majority in National Assembly New York Times, 2017. How Britain Voted The General Expenditure Allowance (GEA) is intended to cover expenditure in the Member State of election, such as Members’ office management costs, telephone and postal charges, and the purchase, operation and maintenance of computer and telematics equipment. The allowance is halved in the case of Members who, without due justification, do not attend half the number of plenary sittings in one parliamentary year (September to August). (Source) EUobserver, 2017.Citizens pay for MEPs' ghost offices Corporate Europe, 2015. Black-out on tobacco's access to EU trade talks an eerie indication of TTIP threat Financial Times, 2017. Merkel and Macron promise to deepen EU integration

Constitutional Affairs | 23

Stakeholders • Lobbyists: With their active involvement in the European politics, they are an important

force in regards to European decision-making. However, their work remains mainly exclusive from the general public, and it is not always clear who are genuine lobbyists, and where their loyalties lie.1

• EU citizens: The EU citizens are divided when it comes to to their opinion towards the

EU. Even though many pro-EU countries gained votes in the recent elections, it is also noteworthy that Eurosceptic parties across Western Europe (such as the Dutch PVV2, Austria’s FPÖ3, and Marine Le Pen in the presidential election of France4) earned a significant amount of seats and influence. This shows the divide between EUenthusiasts and Euroscepticists, and further complicates the decisions which the EU has to take regarding transparency and democratic representativeness. Moreover, the EU citizens are the main beneficiaries of a more democratic and transparent EU, and thus a key stakeholder.

• European Parliament: The only institution in the EU whose members are directly voted

by the EU citizens. This is done through the principle of degressive proportionality, which means that the smaller Member States get relatively more seats than the larger ones. This makes the European Parliament affected by an unequal representation of the overall EU population, making some countries more represented per capita than others.

• Council of the European Union: Composed out of 28 members; one minister per

Member State. However, since the Council and the European Parliament both vote on law proposals from the European Commission, it strongly limits the power of the European Parliament. Moreover, meetings of the Council are usually conducted privately, which severely hinders the level of transparency.5

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The Guardian, 2016. Lobbying to face greater scrutiny in European commission proposals BBC, 2017. Dutch election: Voters return a new reality CNN, 2016. Austria election: Far-right nationalist Höfer admits defeat, The Guardian, 2017. French presidential election: first round results in charts and maps Theconversation.com, 2016. How democratic is the European Union

24 | Constitutional Affairs

Conflicts • Transparency and efficient negotiations: Even though transparency is considered an

important asset of democracy, many decision makers and lobbyists have argued against it, by stating that transparency obstructs efficient decision making, negotiations, and violates the rights of privacy of their clients.1

• Direct democracy: The recent Lisbon Treaty gave the European Parliament more

competences and importance in the legislative procedure, as well as in the different policy areas. Moreover, the EU introduced the European Citizens’ Initiative2, which allows European citizens to propose laws themselves. However, citizens have struggled to get enough funding to start an initiative, and verifying signatures is a tedious process which is different in every Member State. Moreover, Initiative organizers must build their own online platform in order to facilitate online signatures, further complicating the process.

As a result, only three European Citizens’ Initiatives have passed so far3. Furthermore, direct democracy has clear downsides as well, such as a possible lack of understanding by the public4. Moreover, in order to allow citizens to vote in a responsible manner, a high level of information and transparency is required by the European Union, to ensure a good understanding of the questions and possible legislation at hand.

• Democratic proportionality and state powers: When it comes to the democratic

outlines of the EU, it usually comes down to a trade-off between equality within Member States and between the European citizens. This struggle is apparent in the European Parliament as well, where Malta currently holds six seats, and Germany holds 96 seats. However, Germany has 200 times the inhabitants that Malta has (82 million over 430.000)5. In summary , a vote from a Maltese is thus worth roughly ten times to value of a German one. Moreover, Malta, just like Germany, has 1 commissioner in the European Commission.6 Nevertheless, there is a new voting system in the Council of the European Union, which requires 55% of the Member States and 65% of the population in order to make a decision. 7As such, the different institutions in the EU are a clear mix of voting systems based upon population and systems based upon equal Member States.

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CorporateEurope, 2007. Hired-gun lobbyists in last-ditch battle against EU transparency plans European Union, 2017. Basic Facts The Brussels Times, 2015. European Citizens’ Initiative: Failure or Success?

The Guardian, 2016. The Guardian view on democracy: an uncertain year StatisticTimes, 2015. List of European countries by Population European Union, 2017. European Commission Citizens Information, 2017. Council of the European Union

Constitutional Affairs | 25

Measures in place • Lisbon Treaty: It was put in effect in 2007 and introduced the European Citizen’s

Initiative, and it gave the European Parliament more power by giving it the ability to appoint the President of the European Commission. Moreover, the European Parliament was added to the “ordinary legislative procedure”, and was given more policy areas it is responsible for1. Furthermore, the Lisbon Treaty also contains clauses which further ensure the transparency of the European Constitutional treaties.2

• Treaty of the European Union: Ensures a direct representation of the citizens, and

states that citizens should be able to publicly exchange their views to the Union. Moreover, it asserts that the institutions of the EU should maintain an “open, transparent and regular dialogue”.3

• Transparency Register: A mandatory register for the lobbyists and organisations who

influence decision making in EU politics. Everyone in this register needs to register a set of information, such as contact details, affiliated organisations and the aims of this person or organisation.4

• European Citizen’s Initiative: Allows the European citizens to directly propose a

law to the European Commission. This initiative needs to be supported by at least one million people, from at least seven different Member States.5

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http://www.europarl.europa.eu/RegData/etudes/fiches_techniques/2013/010105/04A_FT(2013)010105_EN.pdf Treaty of Lisbon, 2007. Article 8b, Amendment 28d, Amendment 30 Treaty of the European Union, 2008. Article 11 European Union, 2017. Why a Transparency Register?

European Union, 2017. Basic Facts

26 | Constitutional Affairs

Summary The European Union has made several changes over the past few years, in an attempt to increase transparency and the democratic power of its citizens. Recent election results have shown that those changes are, however, not sufficient, and that there is more change needed within the EU. With several possible conflicts looming ahead, new developments should be carefully researched and thought through, in order to successfully meet the EU goals to increase transparency and have a more equal representation of all its Member States´ citizens.

Key questions • Should the EU further increase and enforce its laws regarding transparency?

• Should the EU create more transparency within its institutions? How can it do so, taking

into consideration the different stance of its Member States?

• Will increasing the powers of the European Parliament make the EU more democratic, while remaining effective?

• How can representation become more homogenous and equal across the EU borders?

Links for further research • • • • • •

Brief explanation of the European Parliament Brief explanation of the Council of the European Union Brief explanation of the European Commission Explanation of the European Citizen’s Initiative Treaty of Lisbon European Citizen’s Initiative

Constitutional Affairs | 27

Committee on Agriculture and Rural Development The Second Pillar of the CAP: The purpose of the Rural Development Policies' priorities and goals is to enhance the rural sector's crucial impact on the EU’s economy until 2020. Considering the differences of extension and development of the rural areas across Europe, how can the EU ensure that these policies are homogeneously implemented by all Member States?

By Kevin Boland (IE)

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Key terms • The Common Agricultural Policy (CAP)1 - The CAP is divided into two pillars, both

aimed at the development of the agricultural sector across the EU. Within its First Pillar, it establishes a system of subsidies and in its Second Pillar it supports rural development across the EU.The The CAP combines direct payments to farmers together with price/ market supports. The CAP accounts for 39% of the total EU budget or 0.4% of the Union’s GDP.2

• The Rural Development Programme (RDP) - It is the Second Pillar of the CAP and it

sets of objectives, principles and rules through which the EU co-ordinates support for European agriculture, to meet a wide range of economic, environmental and societal challenges of rural areas.

• Urbanisation - It is the process of making an area more urban and as a consequence

less rural and appealing to live in due to a reduced amount of facilities and services for the everyday life.

• Greening - A major innovation brought in under the 2013 CAP reform, which makes

the direct payments system more environment-friendly. Farmers who use farmland more sustainably and care for natural resources as part of their everyday work are more financially benefit from the subsidies.

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https://ec.europa.eu/agriculture/cap-overview_en https://ec.europa.eu/agriculture/sites/agriculture/files/cap-funding/pdf/cap-spending-09-2015_en.pdf

Agriculture and Rural Development | 29

Social Relevance The importance of agriculture to European society can not be underestimated and its improvement is expressed also in the goals set by Europe's 20201 .They consist of high employment through investment in research and development, reduction of carbon emissions, education and the reduction of poverty. Rural Development Policies are of utmost importance if there is to be any success in achieving smart, sustainable, and inclusive growth for the 5% of Europeans that work in the agricultural industries.2 Moreover, across the EU, the dimensions and ratio of the rural-urban territorial vary – from the Member States with an explicitly defined rural character such as Ireland, Sweden, Finland, to the Member States that tend to be more urbanised such as the Benelux countries.3 Therefore, policies must strike a balance between flexibility while maintaining a move towards the common goal.

However, the word agriculture is a broad term and encompasses a wide variety of activities. The rural development programmes strives not only to support general farming activities but also must maintain the countryside, contribute to the vitality of rural life, ensure that agricultural businesses can compete on a free market, and safeguard animal welfare if it is to be successful.

The vast scope of the industry means that individual Member States have differing approaches. The preliminary data available show many Member States have opted to continue with existing measures primarily focused on traditional areas of farming.4 Very little use has been made of the new features like the one presented in thematic subprogrammes and financial instruments such as the LIFE programme, resulting in a lack of innovative and creativity.

Criticism has often been levelled at the complexity of the administrative arrangements for implementing the Second Pillar as many initiatives restrict current practices.5 Equally a lack of cooperation between Member States in both traditional and dynamic sectors has been called into question in recent times.

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http://ec.europa.eu/europe2020/targets/eu-targets/index_en.htm How many people work in agriculture in the European Union?

Rural-urban territorial vary Rural development policy Water quality and Rural development

30 | Agriculture and Rural Development

Stakeholders • Member States-EU Budget - The share of the EU budget allocated for agricultural

spending has been steadily declining in recent years. Whereas the CAP represented 66% of the Community budget in the early 1980s, it accounts for just 37.8% of it in the period 2014-2020.1 There is also disparity between the benefit received amongst Member States making it more difficult for the EU to reach a balanced approach.

• Farmers - Family farms are by far the most common type of farm accounting for 93.7 %

of the total number of farms in the EU28 in 2013.They are generally small business and they often find it difficult to have proper infrastructure to be competitive with big farms.

The sector is also aging with only some 6.0 % of farm managers under the age of 35.2

• The European Food Safety Authority (EFSA) - The EFSA provides independent

scientific advice on food-related risks such as foot and mouth disease.3 This advice is related to policy makers on both European and Member State level helping to , helping to protect consumers from risks in the food chain.

• The Consumers - European consumers need to be assured that they continue to have

access to high quality but affordable food and that the level of protection and information that they enjoy at present will continue into the future.

• Directorate-General for Agriculture and Rural Development - The Commission

has a number of objectives such as identifying how European agriculture can be more energy efficient and can lower its carbon dioxide emissions, ensure that EU agricultural and rural development policies promote growth, investment and new jobs and review the effectiveness of EU spending on agriculture and rural development.

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History of the CAP budget Agriculture statistics - family farming in the EU Foot and Mouth Diesase

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Conflicts • Growing the industry in relation to damaging the environment - Traditional

industries within the agricultural sector are carbon intensive such as beef and dairy farming. In terms of greenhouse-gas emissions, livestock and fodder production each generate more than 3 billion tonnes of CO2 equivalent. Crops need suitable soil, water, sunlight, and heat to grow. Warmer air temperatures have already affected the length of the growing season over large parts of Europe and will continue to have adverse effects if not corrected. On the other hand, many farmers have not got the capital to invest in green infrastructure and in Member States such as Ireland the production of high quality beef and dairy products are essential to its agricultural sector.1

• Protecting rural communities while boosting innovation and development - The

older nature of the demographic of rural communities across Member States makes the implementation of new development difficult, resulting in the continued subsidization of traditional practices. It is common for young people to leave the rural areas in search of better opportunities, continuing the cycle.

• Cooperation amongst Member States and generalisation of goals - Cooperation

amongst Member States is ideal as standardisation would lower costs for all. However, the diverse nature of the agricultural landscape across Europe means that rigid programmes may not meet the needs of individual Member States. From countries such as the Netherlands that has seen biodiversity decline due to the close nature of urbanisation to the compact nature of rural life in Ireland and England where urbanisation is never more than a half an hour away to the other extreme of Italy that has vast rural areas, producing programmes that accommodate this diverse spectrum of topography has proved difficult.2

• Quality over Quantity - Since a number of food related scandals in the late 1990’s,

the EU has strived to provide the highest quality food to it consumers.This increase in oversight has made it more costly to produce food. Food demand, on the other hand is expected to increase anywhere between 59% to 98% by 2050.3

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The environment and agriculture Rural Areas In The European Union The future of food demand: understanding differences in global economic models

32 | Agriculture and Rural Development

Measures in place • The Common Agricultural Policy (CAP)1 was first introduced in Europe over 50

years ago and has undergone several changes over the past five decades. It was most recently reformed in 2014 after the Irish Presidency of the Council of the European Union agreed a number of significant changes. The latest CAP will drive agriculture and the agri-food sector forward to 2020 and it includes important provisions such as making direct payments fairer and ‘greener’, ending the EU milk and sugar quota regimes and making the CAP more efficient and more transparent. Preservation of the countryside is assisted through the CAP’s Rural Development Programmes and young farmers are being supported by CAP to ensure the brightest and best are attracted to careers in agriculture.

CAP financing comes from the European Agricultural Guidance and Guarantee Fund, (EAGGF or FEOGA)2, which is an integral part of the EU Budget and programme are put in place for an average duration of six years such as the current 2014-2020 programme.

• The European Agricultural Fund for Rural Development (EAFRD) aims at

strengthening the EU’s RDP and simplifying its implementation through financing of rural development programmes.There are 118 RDP’s in the 28 Member States between 2014-2020, with 20 single national programmes and 8 Member States opting to have two or more (regional) programmes.3

• "Liaison Entre Actions de Développement de l'Économique Rurale" which

means, ‘Links between the rural economy and development actions' (LEADER)4 is an initiative to support rural development projects initiated at local level in order to revitalise rural areas and create jobs. LEADER+ projects are managed by local action groups (LAGs).

• Europe 20205 is the European Union’s ten-year jobs and growth strategy. It was launched

in 2010 to create the conditions for smart, sustainable and inclusive growth.

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https://ec.europa.eu/agriculture/sites/agriculture/files/cap-funding/pdf/cap-spending-09-2015_en.pdf CAP budget breakdown Rural development 2014-2020: Country files http://enrd.ec.europa.eu/enrd-static/leader/leader/leader-tool-kit/the-leader-approach/en/the-leader-approach_en.html https://ec.europa.eu/info/strategy/european-semester/framework/europe-2020-strategy_en

Agriculture and Rural Development | 33

Summary Rural development is an area that needs to be dealt with on many levels. Politically, Member States must reach a consensus on rural communities as society becomes more urbanised.

Cooperation is vital if farmers are to continue to maintain and grow food production, creating employment and bringing purpose to rural Europe. However, this can not be achieved at any cost and the high standards of information and protection that consumers currently hold must not be diminished. The future must also be greener, and Member States must be helped through investment and guidances to move away from carbon-intensive sectors while taking into account local practices. Overall to achieve the 2020 goals a consensus must be struck that balances the interest of all affected parties.

Key questions • How can the EU ensure that rural development policies are homogeneous across • • • • •

Member States?

How can the cooperation between Member States be made more straightforward?

How can Member States be encouraged to utilise all funding available to them?

How can the EU ensure that environmental commitments are maintained while continuing to increase crop production?

How can EU rural areas be encouraged to engage with innovative and dynamic technology and farming practices ?

How can the EU maintain high food standards while simultaneously lowering costs for both farmers and consumers?

Links for further research • • • • • • •

Global Demand for Food Is Rising. Can We Meet It? Section on Measures on the ‘European menu’ only The environmental cost of farming The history of the common agricultural policy Rural Areas In The European Union Q&A: Horsemeat scandal What is "Greening"?

34 | Agriculture and Rural Development

Committee on Culture and Education The power of languages: The linguistic diversity does not limit itself only to differences among Member States, but it is witnessed also within their borders. What measures should the EU take to ensure a common stance for national governments on second language learning in both formal and informal education?

By Zofia Sznajder (PL) & Arne van Rooijen (NL )

Culture and Education | 35

Key terms • Linguistic diversity - It refers to a multitude of languages being used in a particular

area. Linguistic diversity takes place both across and within Member States.

• Multilingualism - It denotes the ability to speak more than one language.

• Formal language education - This term refers to language education in a regular

school or university setting, being part of educational curricula as mandatory or optional activity.

• Informal language education - It refers to other means of language learning, such as

eLearning courses, free or chargeable mobile phone applications, or attending youth conferences.

36 | Culture and Education

Social Relevance In the European Union, linguistic diversity is a fact of life. The EU maintains 24 official languages1, and around 60 regional languages2 and dialects are spoken by Europeans every day. This linguistic diversity is considered valuable, as enshrined in several treaties3, and in the EU’s motto ‘United in Diversity’. Despite the appreciation for linguistic diversity, it also brings forward certain problems in society.

Language barriers often frustrate business negotiations, leading to missed opportunities for European companies and thus reduced welfare. On an individual level, it also has an impact. Young people who know more than one language are able to study abroad or in a different linguistic region in their own country. Multilingual employees are able to work in another country and their language skills are often highly appreciated by employers, thus giving them higher chances and opportunities in the labour market.4 Apart from its economic implications, multilingualism also allows for more cultural and personal interactions between people with different mother tongues, both within and across Member States. “Contexts of Accommodation: Developments in Applied Sociolinguistics”5 research has indicated that the ability to communicate in the same language allows for a stronger expression of solidarity and sympathy. This is also illustrated by a famous quote by Nelson Mandela: “If you talk to a man in a language he understands, that goes to his head. If you talk to him in his language, that goes to his heart.”6

1 2 3

4 5 6

Official langauges of the EU Regional and minority languagegs in the EU For example, it is mentioned in Article 3 of the Treaty on European Union: “It shall respect its rich cultural and linguistic diversity, and shall ensure that Europe’s cultural heritage is safeguarded and enhanced."

European Commission: “Languages for Growth and Jobs” H. Giles et al: “Contexts of Accommodation: Developments in Applied Sociolinguistics” Itziar Laka: “Mandela was right: the Foreign Language Effect”

Culture and Education | 37

Stakeholders • National Governments - They are the primary actors in language education. They

establish the language curriculum, fund schools and projects, and set teaching standard.

• The European Union - It has supporting competence1 in education, meaning they

work together with Member States and local stakeholders to stimulate multilingualism.2 This also means the EU cannot legally oblige Member States to enact certain policies with regards to education, but only support and coordinate the Member States in their activities. The European Commission, the main executive body of the EU and the only one holding the legislative initiative has been working on the development of multilingualism in the EU. One of its goals is to ensure that every citizen should speak at least one foreign languages. The Council of the European Union has also been active in the field, for instance through releasing resolutions calling upon the Commission to take supportive actions such as the Resolution on Language Learning and Teaching3 in EU countries and the Resolution on Early Teaching of European Languages.4

• Non-governmental organisations (NGOs) and companies - They aim to facilitate

multilingualism, by for example organising eLearning courses, study trips abroad or conferences. Examples would be the the education company Education First5, which organises trips abroad where its participants take language courses, or the online application Duolingo6, which offers online language courses for free. NGOs often incorporate multilingualism in their institutional work, which is rarely related to other subject than intergovernmental organisations such as the EU or the UN. A good example of such NGO operating in this field can be seen in Amnesty International.7

• Semi-governmental organisations8 - They are also involved in facilitating language

learning and language awareness. Examples would be the German Goethe Institut9, French Académie Français10 or European universities offering language courses.

1 2 3 4 5 6 7 8

9 10

EU competences’ knowledge bank Summary of EU actions regarding multilingualism and language learning policies Resolution on Language Learning and Teaching in EU countries Resolution on Early Teaching of European Languages https://www.ef.com https://www.duolingo.com Wine Tesseur: “Institutional Multilingualism in NGOs: Amnesty International’s Strategic Understanding of Multilingualism” Semi-governmental organisations are organisations that are in part governmental, but retain a great degree of autonomy and a separate identity. https://www.goethe.de/en/index.html http://www.academie-francaise.fr

38 | Culture and Education

Conflicts • Disparities of language education between Member States - There are big disparities

in the degree of multilingualism between Member States. For example, in Latvia 95% and in the Netherlands 94% of the population are multilingual. At the same time, in Hungary only 65% and in Portugal 61% speak more than one language.1 This is in part due to the different education systems Member States use;on average, 78% of European citizens study a foreign language in primary school, ranging from 100% in Malta to 2% in Ireland.2

• Declining multilingualism - Throughout Europe, the number of bilingual and

multilingual European citizens has been on the decline. Just above half of the European citizens (54%) (-2% since 2006) is able to have a conversation in at least one other language, one quarter (-3% since 2006) speaks at least two additional languages and one out of ten citizens can express him- or herself in at least three languages.3

• Economic drawbacks - On an individual level, multilingualism leads to economic

benefits, as it it is an attractive skill for employers and may lead to better paying jobs. On a broader scale, multilingualism also offers benefits for Member States’ economies. For example, it has been estimated that the Dutch economy suffers an 8 billion euro loss per year due to a lack of multilinguals able to speak both Dutch and German.4

• Social drawbacks - Multilingualism allows for a more effective exchange of culture by

means such as books and music or the ability to travel to different regions. On a cultural level, multilingualism may open doors that would otherwise remain closed. Last but not least, multilingualism and its associated cultural understanding is an effective way to prevent cultural or ethnic conflicts.

• Cultural identity - Multilingualism is also a way of preserving national or regional

identity, since language is a very important factor shaping one’s bonds with their origins.

It is worth noting that countries where there is a higher rate of national minorities, such as Latvia with their high Russian minority, do have a significant percentage of multilingual citizens.

1 European Commission: “Special Eurobarometer 386” 2 Eurostat: “Proportion of pupils in primary education learning foreign languages, by language, 2014“ 3 European Commission: “Special Eurobarometer 386” 4 NOS: “Hoge prijs voor gebrekkig Duits”

Culture and Education | 39

Measures in place • Treaty on the European Union (TEU) Article 3 - It states that the EU ‘shall respect its

rich cultural and linguistic diversity’ in all its territory.1

• Treaty on the Functioning of the European Union (TFEU) - It states that ‘Union

action shall be aimed at developing the European dimension in education, particularly through the teaching and dissemination of the languages of the Member States’, whilst fully respecting cultural and linguistic diversity (Article 165(1) TFEU).

• ‘Education and Training 2020’- It is a programme providing a strategic framework

for European cooperation in education and training up to 2020. It builds upon the achievements of the earlier “Education and Training 2010” initiative and sets out four strategic objectives, which are introduction of real lifelong learning and mobility, improvement of quality and efficiency of education and training, promotion of Equity, social cohesion and active citizenship and encouragement of Creativity and innovation, including entrepreneurship, to help every citizen realise their potential. It considers language as a basic and most important aspect of education.2 The programme provides a forum for Member States to share expertise and ideas about education policy reform, primarily by using working groups with experts from the participating states.3

• Poliglotti4.eu Language Observatory - This website is managed by the European

Union National Institutes for Culture (EUNIC)4 that encourages multilingualism in the EU while working also as a educational observatory, being updated on daily basis with a selection of news regarding language policy and research, and organised conferences.

1 2 3 4

Treaty on the EU - Article 3 Education and Training - briefing European Commission: Strategic framework – Education & Training 2020 Poliglotti4.eu Language Observatory

40 | Culture and Education

• European Centre for Modern Languages (ECML) and the European Research Centre

on Multilingualism and Language Learning (Mercator)1- They are both educational centers; the first encourages the innovation in education and helps in efficient learning whereas the latter is rather helping Member States in the implementation of effective education.

• The European Master’s in Translation (EMT)2 - It is a great example of unifying the

EU’s education. It is a quality label for university translation programmes that assure to meet market demands. The main goal of EMT is to improve the quality of translator training and to get highly skilled people to work as translators in the EU.

• Erasmus+ Programme3 - It is a widely known programme for students all around

Europe, especially stressing the promotion of language learning.

• European Day of Languages4 - Since 2001 this day celebrates language learning and it

is a popular initiative among Europeans.

• Competitions such as Juvenes Translatores5 or European Language Label6 - they

encourage people from all around the EU to master their language abilities.

1 2 3 4 5 6

http://www.ecml.at The European Master’s in Translation (EMT) Erasmus + Programme and its benefits to learning languages http://edl.ecml.at https://ec.europa.eu/info/education/juvenes-translatores_en http://ec.europa.eu/education/initiatives/language-label_en

Culture and Education | 41

Summary On an individual level, being multilingual can be of great benefit. Not only can it be useful for the summer holidays or so, but also and even more primarily for the job market and one´s own future. As a matter of facts, nowadays it is rare to be able to find a well-paid job without at least one foreign language on your CV. Although multilingualism and linguistic diversity are fundamental principles in the EU, there is no clear assurance that all citizens will be required to speak a foreign language. The outcome can be seen in the decreasing number of bilingual and multilingual European citizens in comparison to 2006. Despite the recent and slow decline of multilingualism, almost all citizens are still aware of the importance of multilingualism and are willing to learn.

Key questions • How can formal education be reformed in order to assure more multilingualism in the

EU? • What measures can be taken to encourage people over the obligatory educational age to develop their language skills?

• Is there a possibility to have a common educational system that would fit all the Member States´ needs stressing the importance of language learning? Would this be a counterproductive approach instead?

Links for further research • • • • • •

Fact Sheet on the European Union’s Language Policy A study on lingustic diversity and mulitilingualism in Europe Foreign languages learning statistics for Europe Facts and figures about learning languages in Europe Comparative study on learning languages in Europe versus America Council of Europe - Common European Framework of Reference for Languages: Learning, Teaching, Assesment

42 | Culture and Education

Committee on Economic and Monetary Affairs While EU leaders are debating on the economic benefits of a flexible economic approach, countries with lower GDPs are still struggling to remain inside the Eurozone. How can the EU reach a sustainable economy for all Member States, without drastically reducing the use common currency within its borders?

By Denis Dodoiu (RO) & Małgorzata Braszka (PL)

Economic and Monetary Affairs | 43

Key terms • Monetary policy - It encompasses all the actions taken by a certain country’s central

banks to support economic growth. It also refers to the rate of growth of money supply which is directly linked to interest rates and inflation;

• Fiscal policy - Governing spending policies influencing macroeconomic conditions.

The latter are used by regulators to improve employment rates, controlling inflation and stabilizing business cycle. Fiscal policy influences mostly interest rates in an effort to control the economy;1

• Business cycle - A pattern of expansion, contraction and recovery in economy. It is

tracked thanks to Gross Domestic Product (GDP)2 and unemployment. The cycle serves as a tool for analysis of an economy. There are two main stages of the cycle: downturn and upturn which represent recession and economic growth respectively;

• Optimum Currency Area (OCA) - The geographic area in which a single currency would

create the greatest economic benefit. For being an optimum currency it has to meet the following requirements: a capital mobility and price and wage flexibility, a currency risksharing system across Member States and similar business cycles;3

• Inflation - It is a rate at which the general level of prices for goods and services is rising.

In order to stabilize the economy, central banks aim at limiting inflation and preventing deflation4;

• Interest rates - The amount charged, expressed as a percentage of principal, by a

lender to a borrower for the use of assets, essentially being a rental, or leasing charge to the borrower, for the asset's use. The European Central Bank is in charge of lowering or rising interest rates which can indirectly influence over the interest levels implemented by banks in case of interbank transactions, consumer loans;5

1 Investopedia, “Fiscal Policy”, http://www.investopedia.com/terms/f/fiscalpolicy.asp 2 Gross domestic product - It is the monetary value of all the finished goods and services produced within a country's borders in a

specific time period. It is commonly used as an indicator of the economic health of a country, as well as a gauge of a

country's standard of living.

3 Incestpedia, “Optimum Currency Area” http://www.investopedia.com/terms/o/optimal-currency-area.asp 4 Deflation is a contraction in the supply of circulated money within an economy, it is the opposite of inflation. The purchasing power

of currency and wages are higher than in times of inflation.

5 ECB refi rate - European Central Bank’s interest rate http://www.global-rates.com/interest-rates/central-banks/european-central-bank/ecb-interest-rate.aspx

44 | Economic and Monetary Affairs

Social Relevance “Being European, for most of us, also means the Euro.�- Jean-Claude Juncker, Speech on the State of the Union European Parliament, 14 September 2016 The Euro is the official currency of 19 out of 28 EU Member States, the so called Eurozone, and is used by 338.6 million people every day. Although relatively new to the world stage, the Euro has quickly become the second most traded currency behind only the U.S. dollar and the world's second largest reserve currency.1 When referring specifically to the Eurozone citizens, it provides several economic advantages: working, living and traveling are made easier by eliminating the need to exchange money, greater security and more opportunities for businesses and stable prices since currency-related risks2 are removed from trade. Therefore, the Euro reduces uncertainty and encourages companies to invest and in turn, benefits citizens who see more employment and better-quality jobs. But was the idea of the euro bringing more stability, trade and employment to Europe economically overemphasized for political and commercial reasons?

The Global Financial Crisis (GFC) that started in the United States in 2007-08 led to the worst recession in the European Union's six-decade history. Member States and EU institutions took strong political decisions to preserve the integrity of the Euro, issuing continuous reforms to contain the crisis. However, many claim that the latter is not over as long as unemployment remains so high and that the governance of the Euro needs further improvement in order to maintain the citizens´ and the EU welfare. .

Although the tough times the Euro area has endured over recent years may damage its perception of being advantageous, the public support for the common currency is back at its highest level since 2004 (at 72 % of Euro citizens). Despite the pain in the South of the Eurozone and the anger in the North, the majority of the people still are in favour of the Euro3, its popularity stemming greatly from its status of a tangible sign of a European identity and a potent symbol of European integration.

1

2 3

A reserve currency (or anchor currency) is held in significant quantities by governments and institutions as part of their foreign exchange reserves, commonly used in international transactions, international investments and all aspects of the global economy, and often considered a hard currency or safe-haven currency.

Currency risk, commonly referred to as exchange-rate risk, arises from the change in price of one currency in relation to another.

The euro as a social bond: why do Eurozone citizens still back the single currency?, 2017

Economic and Monetary Affairs | 45

Stakeholders • The European Central Bank (ECB) - As an official EU body that is independent of

national and community political authorities, it sets monetary policy aiming towards price stability. It also supervises all financial institutions1 within the Eurozone such as credit institutions, financial and mixed financial holding companies and branches of credit institutions established in non-participating Member States.

• EU Member States - The European Monetary Union (EMU)2 bonds all Member States

since they coordinate their economic policy to support the general well being of the EU economy.

• Eurozone Member States - Eurozone links 19 Member States by having the same

currency. Even though their economies differ from each other in case of growth rate, trade balances, they are affected by all decisions made by ECB and their coexistence is strictly dependent. Recent Eurostat data have shown that, despite sharing a single currency, there is a stark difference between the welfare of Northern and Southern Eurozone countries.3 Southern members – and Greece in particular – have fallen behind on key outcomes since the GFC.

• Eurozone citizens - The state and progress of the Eurozone do not only affect economies,

but they also heavily weight on the well-being of citizens. Although the financial crisis has significantly diminished trust in European institutions and in the European idea of equality, the majority of people remain in favour of the Euro.4

1 2 3 4

European Central Bank - List of supervised entities European Commission: Economic and monerary union Hard Evidence: how has the eurozone affected the welfare of its citizens?, 2015 Has the financial crisis shattered citizens’ trust in national and European governmental institutions?

46 | Economic and Monetary Affairs

Conflicts • Budgetary constraints - The Eurozone throughout its existence has proved its inability

to address structural asymmetry and many negative shocks across the union. Even the 2008 crisis did not open the eyes of European leaders who seem to ignore the need of loosening the budgetary constraints and objectives imposed on individual governments.

Nowadays, regulatory policies do not serve to lower interest rates in countries affected by recession or stagnation, and to tighten standards in the booming economies. Since the Eurozone Member States find themselves at different point of business cycle their inflation rates differ.Asymmetry of shocks1 -The lack of preventive measures causes the weaker countries such as Greece, Ireland, Portugal and Spain2 to be hit by slow growth, low labour productivity and lack of competitiveness. At the same time, economies of countries like Germany or France have relatively much higher labor productivity3 and are much more competitive. The conditions set in the Maastricht Treaty are not compatible with the criteria required to form an optimum currency area, such as different fiscal stances, capital markets, labour laws and rates of inflation.4 Meanwhile, what has been indicated as vital elements of OCA is the existence of coordinated fiscal policy which ensures that capital is transferred from booming countries to stagnating countries.5 However, the lack of a community-wide system of taxes magnifies its need and its possible influence on the economy of Eurozone.6

• ECB Monetary Policy - The decisions made by the ECB affect all Member States, even

though each one of them has divergent economies with different characteristics.This approach does not emphasise as it should on the individual needs of the states as it focuses on a rather global perspective. Therefore, Eurozone Member States that struggle with recession or with a slow growth are not able to use fiscal stimulus to counteract the negative effects of higher real interest rates7.

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3

4

5

6

7

Within the Eurozone, shocks are asymmetric in the sense that weaker countries such as Greece, Ireland, Portugal, and Spain are hit by slow growth, low labour productivity and lack of competitiveness while German or French economies do not suffer from these problems, but have experience the opposite.

Causes and measures for preventing future crisis in EU http://webcache.googleusercontent.com/search?q=cache:3L-FrohldI4J:hr cak.srce.hr/file/229387+&cd=2&hl=pl&ct=clnk&gl=pl&client=safari LeMonde.fr, “Of productivity in France in Germany” http://piketty.blog.lemonde.fr/2017/01/09/of-productivity-in-france-and-in-ger many/ The eurozone financial crisis: debt, credit ratings and monetary and fiscal policy https://link.springer.com/article/10.1007/s10663- 016-9335-5 Asymmetric Shocks And Other Woes Of The Eurozone http://www.gfintegrity.org/asymmetric-shocks-and-other-woes-of-the-euro zone Rising inequality in the Eurozone underlines the need for a fiscal union http://blogs.lse.ac.uk/europpblog/2015/08/03/rising-ine quality-in-the-eurozone-underlines-the-need-for-a-fiscal-union/ A real interest rate is an interest rate adjusted to remove the effects of inflation in order to reflect the real cost of funds to the borrower and at the same time the real yield, (which represents a return from an investment adjusted for the effects of inflation) to the lender or to an investor.

Economic and Monetary Affairs | 47

• Requirements of the Stability and Growth Pact (SGP)1 - It was introduced in the

mid 1990s with a purpose of safeguarding fiscal discipline in the EMU. Its three most important components are that countries are allowed to have their budget deficit at most 3% of their Gross Domestic Product (GDP)2 and an outstanding debt-to-GDP3 on no more than 60%. These requirements do not account for business cycles; a country can be punished because its government decides to boost the economy and temporary run a larger deficit in the time in an economic slump. Even though the first countries to disrespect the rules were Germany and France, which were the ones drafting the SGP, there were no consequences.

1

2 3

European Commission: stability and Growth Pact https://ec.europa.eu/info/business-economy-euro/economic-and-fiscal-policy-co ordination/eu-economic-governance-monitoring-prevention-correction/stability-and-growth-pact_en The difference between what a government spends and what it receives (tax revenues) should be no more than 3% of GDP Debt-to-GDP refers to the ratio between a country's government debt (a cumulative amount) and its GPD.

48 | Economic and Monetary Affairs

Measures in place • The Maastricht Treaty1 - It entered into force in 1993 aiming at creating an economic

and monetary union by 1999 for nearly all EU states. Establishing the Euro as a common currency made travelling easier and eliminated currency-related exposure within the Eurozone. At the same time, the document led to the Member States being deprived of their fiscal autonomy taking away their power to issue money and by imposing strict limits on government deficit spending2 levels through the SGP. It also take care of the EU citizens´ welfare, granting them employment and social protection. 3

• The Five Presidents' Report4 sets out three different stages for turning their vision

into reality. Stage 1 or "Deepening by Doing" (1 July 2015 - 30 June 2017) aims at the use of existing instruments and current Treaties to boost competitiveness and structural convergence, achieving responsible fiscal policies at national and Euro area level, completing the Financial Union and enhancing democratic accountability.5 Stage 2, or "completing EMU” envisions more far-reaching actions to make the convergence process more binding, through a set of commonly agreed benchmarks for convergence which would be of legal nature, as well as a euro area treasury. The Final Stage (at the latest by 2025) in which the EMU would provide a stable and prosperous place for all citizens of the EU Member States, would make the Euro attractive for other non Eurozone EU countries .

• The White Paper on the future of Europe: Avenues for unity for the EU at 276 - It

sets out five scenarios, each offering a glimpse into the potential state of the Union by 2025 depending on the choices Europe will make.

• The Treaty on Stability, Coordination and Governance in the Economic and

Monetary Union, containing the Fiscal Compact7 and including provisions to foster economic policy coordination and convergence and to strengthen the governance of the Euro area. The fiscal compact is a step towards a true “fiscal stability union”, as it aims to improve the fiscal governance framework in the Euro area and addresses some of the shortcomings of the recently reinforced SGP.

1 2

3

4

5 6 7

Treaty on European Union https://europa.eu/european-union/sites/europaeu/files/docs/body/treaty_on_european_union_en.pdf Deficit spending occurs when a government’s expenditures have higher value than its revenues collected by taxation over a fiscal period, contributing to a government debt balance.

The Maastricht Treaty promotes a high level of employment and social protection and it includes the Agreement on Social Policy as well as Protocol No 14, in which 11 Member States agreed to continue along the path laid down in the 1989 Social Charter.

European Commission: Completing Europe’s Economic and Monetary Union https://ec.europa.eu/commission/sites/beta-political/ files/5-presidents-report_en.pdf Completing the economic and financial union https://ec.europa.eu/commission/sites/beta-political/files/2-years-on-emu_en_0.pdf European Commission: White Paper on the future of Europe: Avenues for unity for the EU at 27 Economic and monetary Developments

Economic and Monetary Affairs | 49

• The Europe 2020 long term reform agenda1 - It was agreed upon in 2010, it is the

current EU reform mechanism for raising the level of growth and employment. It aims at fighting the crisis and transforming Europe into a smart, sustainable and inclusive economy with higher levels of employment, productivity and social cohesion.

• The Targeted Longer-term Refinancing Operations (TLTROs)2 - They are Eurosystem

operations that provide financing to credit institutions for periods of up to four years.

They offer long-term funding at attractive conditions to banks in order to further ease private sector credit conditions and stimulate bank lending to the real economy.

1 2

Europe 2020: Europe’s Growth Strategy http://ec.europa.eu/europe2020/pdf/europe_2020_explained.pdf European Central Bank, Eurosystem https://www.ecb.europa.eu/mopo/implement/omo/tltro/html/index.en.html

50 | Economic and Monetary Affairs

Summary The policymakers see the need of a policy tool which would enable managing aggregate demand1 and stabilisation policies during large Eurozone recessions but at the same time would bear the primary responsibility for cyclical stabilisation.2 Eurozone Member States in recession should be supported in order to use fiscal stimulus to counteract the negative effects of higher interest rates. Gaps like those of Germany and Spain should not happen anymore since they not only lead to weakening of separate countries but they affect the monetary union in its entirety.

Key questions • How can the gap between Southern and Northern Eurozone countries be bridged and

thus achieve sustainable growth all across the area?

• Should the monetary policy of the ECB be more flexible in order to allow growth for all of the Euro area members?

• What systems should be implemented to better prevent and deal with future crises?

• What should be the requirements for countries wanting to enter the Eurozone given that, in the aftermath of the recession, there was criticism about Greece being admitted to the area in the first place? What could the possible outcome of building a common fiscal policy be? What are some of the key elements it should include achieve desirable results?

Links for further research • • • • •

1

2

Completing the economic and monetary union The eurozone financial crisis: debt, credit ratings and monetary and fiscal policy Causes of Eurozone Crisis The Eurozone’s real interest rate problem The Eurozone financial crisis: debt, credit ratings and monetary and fiscal policy

The sum of all final goods and services produced in an economy, expressed as the total amount of money exchanged for those goods and services.

Cyclical stabilisation refers to demand management by monetary and fiscal policy with a view to reduce normal fluctuations and output, as a way to “even out” the economy.

Economic and Monetary Affairs | 51

Committee on Employment and Social Affairs Fair labour mobility: A recent study of the European Commission has shown that the Posting of Workers Directive is applied in different ways across the Member States. How can the EU improve its application within its borders and secure fair and equal rights for posted workers in all Member States?

By Julia Kułakowska (PL) & Nikola Milenković (RS)

52 | Employment and Social Affairs

Key terms • Posted worker1 - This is an employee who is sent by his employer to carry out a service

in another EU Member State on a temporary basis.

• Social dumping2 - It defines unfair competition due to the application of different wages

and social protection rules to different categories of workers.

• Remuneration3 - The reward for employment that is given in the form of pay, salary, or

wage, including allowances and benefits.

• Letter-box companies4 - An enterprise that establishes its domicile in a tax friendly

country with just a mailing address while conducting its commercial activities in other countries for minimizing its tax liability.

• Collective bargaining agreement (CBA)5 - It is a commercial agreement, usually

negotiated collectively between management (on behalf of the company) and trade unions (on behalf of employees). More specifically the modes of regulation define whether a decision should be based on a legislation or CBAs.

• Single Market - It refers to the EU as one territory without any internal borders or other

regulatory obstacles to the free movement of goods, people and services.

• Undeclared work6 - It defines any paid activity that is not or insufficiently declared

declared to public authorities such as tax offices or labour inspectorates.

• Temporary Agency Work - It is a "three-way" or "triangular" relationship involving a

worker, a company acting as a temporary work agency and a user company, where the agency employs the worker but places him or her at the disposition of the user company.7

1 2 3 4 5 6 7

European Commission, Posted Workers Eurofound, EurWORK - Social Dumping Business Dictionary - renumeration Business Dictionary - letter-box companies Wikipedia - collective agreement European Parliament News, European Platform to tackle undeclared work Eurofound, EurWORK - Temporary agency work in Europe

Employment and Social Affairs | 53

Social Relevance A posted worker is legally employed in a given Member State and is sent by their employer to work temporarily in another EU Member State where the employer is providing a service.

Posting of workers plays an important role in the EU internal market in terms of providing cross-border services, construction work, manufacturing1 etc. While the number of posted workers continues to increase significantly (41.3% between 2010 and 2015)2, problems such as unfair practices and unequal remunerations continue. For example, the employer is not obliged to pay a posted worker more than the minimum rate of pay set by the host country, even while offering home country workers a different pay scale or benefits.

The correct balance between the freedom to provide cross-border services and the social rights of workers needs to be adapted to today's situation.

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2

Manufacturing is the process of converting raw materials, components, or parts into finished goods that meet a customer's expecta tions or specifications.

Posting of workers in the EU, European Commission

54 | Employment and Social Affairs

Stakeholders • Posted workers - Due to the poor application of the Posting of Workers Directive, posted

workers have their rights compromised. They are victims of social dumping even though the EU guarantees protection of their equal rights and working conditions. Moreover, posting workers’ foreign service providers can undercut local ones because their labour standards are lower, which leads to unfair treatment of posted workers and unequal remuneration.1

• Businesses that post workers - In order to stay strong competitors within the Single

Market, businesses often post workers to achieve a cheaper production process. However, because there is no common legislation that strictly secures that these workers are not subject to injustices, businesses often sacrifice the equal opportunities and payment of these workers in order to achieve a better profit for the business itself.

• Member States - A total of 11 of Member States’ national parliaments have declared

their opposition towards the proposal for amending the Posting of Workers Directive of the European Commission.2 On the basis of this review, the Commission may decide to maintain, amend or withdraw the proposal. A directive specifies aims, the implementation of which is up to the individual Member States through whatever actions they see fit. In Poland in 2007 there were almost 230,000 certificates for employees with postings not exceeding 12 months, compared to around 133,000 in 2005 (an increase of 72%). Almost half of the temporary workers posted abroad goes to Germany (49%), with France (12%), Belgium (8%), the Netherlands (7%) and Norway (6%) receiving significant proportions of the total.3

1 2 3

Posted workers - European Commission Briefing, EU Legislation in Progress - Posting of Workers Directive, page 7, National Parliaments Posted workers in the European Union, Eurofound, page 12

Employment and Social Affairs | 55

• The European Commission - As the executive body of the EU, the Commission is the

body competent to propose and enforce legislation as well as implement policies. After deciding that the Posting of Workers Directive needed an update, the Commissino handed in a proposal for revision. The existing version of the directive still leaves room for different interpretation by different Member States. The goal for the revision is to create a legal framework that is clear, fair, easy to enforce, and further creates fair conditions for both workers and businesses.1

• NGOs - They focus on protecting the rights of the employees in the Single Market,

creating better condition for the function of companies, and achieving an overall more stable employment environment in the EU. One of the best examples of this is the fact that the ETUC2, BusinessEurope3, UEAPME4 and CEEP5 jointly asked the EC for a social partner consultation regarding the proposed targeted revision of the directive to focus on problematic issues and ‘various options that exist to deal with the Posting of Workers Directive’ 6 before the proposal gets adopted.

1 2

3

4

5

6

The Commission presents reform of posting of workers – towards a fair and truly European Labour Market United action for Social Europe (ETUC) aims to ensure that the EU is not just a single market for goods and services, but is also a Social Europe, where improving the wellbeing of workers and their families is an equally important priority.

BusinessEurope is the leading advocate for growth and competitiveness at European level, standing up for companies across the continent and campaigning on the issues that most influence their performance.

UEAPME is the employers’ organisation representing the interests of European crafts, trades and Small and medium-sized enterprises (SMEs) at EU level.

European Centre of Employers and Enterprises providing Public Services and Services of general interest (CEEP), represents employers and enterprises providing services of general interest since 1961.

Briefing, EU Legislation in Progress - Posting of Workers Directive, page 8, Stakeholders’ views

56 | Employment and Social Affairs

Conflicts • Differences among Member States - Current legislations on posted workers are still

prone to significant national variations, allowing for flexibility in terms of modes of regulation, sectors in which they function and their further provisions. They also do not include appropriate definition of temporariness of posted workers, specific minimum wages which should be provided and the relations that need to be established between the workers and their sending country in order for posting to occur. Moreover, no financial analysis of the directive’s impact1 nor appropriate framework is provided for ensuring equal treatment and payment for workers in host and sending countries.2

• Competitiveness of business - The drive of businesses to stay competitive and

differences in economic situations of labour markets among the Member States, such as wage rates, have in the past led some employers to commit fraud, such as social dumping or letter-box companies3. Furthermore, these differences encourage entrepreneurs to lower their costs of production by employing cheaper workforce from lower-wage countries (posting from lower to higher wage countries amounts to 34.4% of the entire posting in the EU4). On one hand, this may have a positive effect on the economy and employment of both high-wage host and low- wage sending countries, whose crossborder service providers would fully benefit from efficiency gains and their posted workers would receive higher incomes when being sent to a country with higher-wages, but on the other, it might result in exclusion of the host country’s workforce whose higherwages make it uncompetitive. it makes them an easy target group towards exploitation.5 What is more, since the current legislations on posted workers are still lacking, it makes them a vulnerable labour group towards unfair treatment and exploitation and might hinder their ability to fully use economic benefits of posting.

• Rule avoidance - All of the above have contributed to the phenomenon of rule avoidance

such as undeclared work, resulting in lower production costs but highly violates basic labour laws, mainly towards posted workers, who are said to be earning up to 50% less than domestic labour.6 On the contrary, imposing businesses new regulations and standardising the current ones might limit their flexibility and discourage them from performing transnational operations within the EU, which is the exact opposite of what the Single Market aims to achieve.

1 2 3 4 5 6

Briefing, EU Legislation in Progress - Posting of Workers Directive, page 7, National Parliaments European Commission, Posted Workers “Social Dumping” and posted workers: a new clash within the EU Posting of workers directive - current situation and challenges, p.18 “Social Dumping” and posted workers: a new clash within the EU Revision of the Posting of Workers Directive - frequently asked questions

Employment and Social Affairs | 57

Measures in place • Through the issuing of Posting of Workers Directive1 in 1996, EU law defines a set of

mandatory rules concerning posted workers, which guarantee that posted workers are entitled to minimum conditions common in all Member States on top of being subject to rules and social security according to the law of the sending Member State.

• In order to practically improve the directive and further avoid issues such as fraud, rule

evasion and lack of information exchange between Member States, the EC has adopted Enforcement Directive2 in 2014.3

• On the 8th of March 2016, the EC has also declared to conduct a revision of the rules

on posting of workers in order to ensure their clarification and accountability in the rapidly changing European market. In addition, it also aims at reaching coherence with other pieces of EU legislation such as the regulation on social security systems4, and preventing any social dumping within the EU.5 This aims to set a level-playing field and fair competition between posting and domestic companies, and ensure protection of posted workers.6

1 2 3 4 5 6

Directive 96/71/EC of the European parliament and of the Council Directive 2014/67/EU of the European parliament and of the Council European Commission, Posted Workers Regulation on Social Security Systems lays down common rules to protect social security rights when moving within the EU Revision of th Posting of Workers Directive - frequently asked questions Revision of th Posting of Workers Directive - frequently asked questions

58 | Employment and Social Affairs

Employment and Social Affairs | 59

Summary Although the EU has noticed the rapidly increasing number of posted workers in recent times, it was not able to adequately address the lack of legislative regulation within its borders. The Posting of Workers Directive is a strong base for regulating the occurring issues, however it does not fully tackle the complexity of the overall problem. There is no proper qualitative and quantitative data that would enable to thoroughly assess the proposed revision, looking at the problem from a broader and long-term perspective.1 Amongst other things, fighting illegal practices and addressing the lack of competitiveness of domestic enterprises, must be taken into account alongside respecting the fundamental values of the EU. Proper legislative measures must be taken in order to ensure this solid balance of respecting the Single Market, employer liberty and workers’ rights.

Key questions • Why and in which of its parts does the Posting of Workers Directive require amendments?

What are its gaps, limitations, and what leaves space for misinterpretation?

• How are rights of posted workers to be protected without harming the liberty of businesses within the Single Market?

• Taking into account different economic situations among the Member States, how can they ensure fair treatment of posted workers in all countries?

• How should the existing legislation be altered in order to allow the posting companies to fully benefit from posted workers without taking advantage of them?

Links for further research •

• • • • •

1

Posted of Workers Directive - Current Situation and Challenges Posting of Workers Directive - Briefing (Introduction and Views) Video on the problem with posted workers: free movement of free labour?

European Commission - Fact Sheet on Posted of Workers Directive Video explaining the concept of Posted Workers in EU Country factsheet about posted workers

Briefing, EU Legislation in Progress - Posting of Workers Directive, page 5

60 | Employment and Social Affairs

Committee on Environment, Public Health and Food Safety Mens sana in corpore sano: In a world where workplaces tend to place unhealthy expectations on individuals, illnesses such as depression and anxiety quickly arouse.

With an increasing number of EU citizens having mental health issues hindering them from performing their daily tasks, how can the EU act in order to provide appropriate treatment and counter stigmatization in the workplace?

By Eliza Badesku (RS)

Environment, Public Health and Food Safety | 61

Key terms • Mental Health - It includes a person's psychological and social health. It is connected

to how an individual feels, his behavior and how he handles stress and makes choice. By not dealing with this, individuals are driven away, thus it impacts their work ethic.

• Anxiety disorders - Disorders of this type are characterized by long-lasting anxiety

that is not focused on a single object or situation. Overanalyzing and fear are constant, overwhelming, and can be disabling if not treated properly.

• Stigmatization - The act of shaming, bullying or discriminating, based on preconceived

judgments of their appearance, disabilities or lifestyles.

• Social inclusion - It gives an opportunity to individuals to feel included in society, by

active participation of the disadvantaged.

62 | Environment, Public Health and Food Safety

Social Relevance At the workplace a substantial amount of young adults and adults will come in contact with systems, processes and environments that will either enhance or threaten their health and well-being. Employment is one of the key pillars for good quality of life and well-being, the main source of income for the majority of people, a major influence on the networking tactics, and a defining feature of social status.1 Up to 30% of all work-related illness is in some connection related to stress.2 In addition, the constant pressure to succeed in this fast-pace environment has been linked to depression symptoms.3 European Institutions such as the European Commission have in the recent years published legislation in this sphere and are actively giving guideline and working with a number of NGOs’ to establish an environment where mental health is not portrait as something of less importance than general health. However, little impact has been accomplished, since Member States are prioritising other issues. Therefore, it is of vital importance to take action now in order to resolve this growing issue. The World Health Organization (WHO) has stated that if nothing changes by 2030, mental illness will be the most common illness with depression being the frontrunner. If this prediction is any indication on how the society will look in the future, it is high time employers of any professional sphere start taking mental health more seriously and provide support to their workforce. This would consequently, lead to a workforce becoming happier, fulfilled, healthy, as well as to a business which is efficient and has a higher probability of flourishing and progressing.4

1 Mental Health in Workplace Settings 2 Evaluation of Policy and Practice to promote Mental Health in the workplace in Europe 3 Ibid.

4 Mental Health Foundation, Managing Mental Health in the Workplace

Environment, Public Health and Food Safety | 63

Stakeholders • Employers - Good mental health should be a priority for any business, and implementing

measures to achieve this, would help alleviate the pressure to cut costs and optimise return on investment. Long work hours, “work emergencies” and constant job strain and pressure are some examples of how employers can cause their employees to feeling anxious and stressed.1 Construction workers are a good example of individuals who are likely to have a stressful job, since they are placed at constant risk.2

• Non-governmental organizations (NGOs) - Organizations such as the European

Psychiatric Association (EPA)3 and Mental Health Europe (MHE)4 are instrumental in regards to the promotion of mental health wellbeing across Europe. They provide individuals who have mental health issues get the support they need.

• The EU Member States - They play a crucial role in generally promoting mental health

and in ensuring that mental health problems are recognized early and treated effectively. This is mostly established with policy and legislation in key areas, such as prevention of discrimination, income protection, safety and health at work, mental health policy and services, and reduction of unemployment. In the last couple of years, Scandinavian countries have started to change up their policy by implementing shorter work hours. The frontrunners are Denmark and Norway with 33 work hours per week and recently Sweden decided to change up their policy by introducing a 36 work hours per week.5

• The European Commission - It is responsible for proposing legislation and proposal,

which would help improve working conditions and not overwork individuals. However, without the approval of the Member States it cannot be put into motion. One example would be The European Alliance for Mental Health Employment & Work6, initially formed by European NGO’s organizations. They are reporting to the Commission while in return they are giving recommendations for the establishment of future projects.

• World Health Organization (WHO)7 - Its main goal is to improve mental health of

European citizens, by supporting its Member States and giving out policy advices, with regards to the encouragement of respecting human rights.

1 2 3 4 5 6 7

Rise in psychosocial risk factors at the workplace Construction workers struggle with pain, stress from injuries The European Psychiatric Association Mental Health Europe World’s Shortest Work Weeks European Alliance for Mental Health World Health Organization, Mental Health

64 | Environment, Public Health and Food Safety

Conflicts • Workers´ performance - Given the high prevalence of mental health problems in the

general population - between one in four and one in six workers1 at any time may be affected by mental health problems. This is a cause of great concern, thus workplaces need to be able to provide a healthy environment that is supportive to all workers.

Behaviour such as being absent, reduced productivity while at work and premature withdrawal from the labour force are consequences of mental illness that are not allowing an individual to perform. Evaluating the fact that this behavior has a significantly negative impact on the European productivity and competitiveness it is a matter that requires our attention. It is a fact that 50–60% of the lost working days a business in the EU experiences is connected to work-related stress. Upon further evaluation we can see that work leaves because of mental health are longer than other work leaves caused by other factors. Therefore, EU business should start acknowledging the problem and implement measures to lower this number.2

• National Governments´ attitude - Both the perspective of a national government of

a country and employers shows that there is incentive on both sides to work on this matter. The Lisbon Treaty calls for high level of productivity and competitiveness as a key source to the fulfilment of the set objectives. This is why the average work hours in Europe are 37 hours per week.3 Yet workers from some EU countries are indeed overworked, with Greece being the frontrunner with 42 hours per week and Portugal with 39 hours.4 Working for this amount of hours causes stress, which can lead to a number of mental health problems, consequently leading to early retirement and exclusion from the labour force. Furthermore this now accounts for an ever greater share of long term social welfare benefits, and indeed may even challenge their long term sustainability.

Additionally, the efficiency can be established if the right environment is created. Putting up adequate framework will boost productivity, because the workers are going to be more rested, thus accomplishing objectives faster. 5

1 2 3 4 5

Managing Mental Health in the Workplace Stress and psychosocial risks: Facts and figures Assessing the economic impact and the case for intervention The European Workers who work the longest hours Mental health in workplace settings

Environment, Public Health and Food Safety | 65

• Employees´ distress - Research demonstrates that work increases self-esteem and

quality of life. Providing a healthy and inclusive working environment can prevent mental health problems and make possible to enter and remain at work when experiencing such problems.1

• Social exclusion - The prevention of social exclusion is necessary to promote labour

market participation for people with mental health problems. At the same time, it contributes to the EU´s goals of sustained economic growth, more and better jobs and greater social cohesion. At this moment in time there are nearly 6 million people in Europe that are unemployed and under the age of 25, this will only increase if stigmatization of mental health also occurs.2

1 2

Employment Most Linked to Being Depression-Free Working together for Europe's young people

66 | Environment, Public Health and Food Safety

Measures in place • Directive 2003/88/EC- EU Directive1 - It focuses on the minimum safety and health

requirements in regards to the timeframe of workload through a fair spread of daily rest, annual leave and weekly working time.

• Health 20202 - It is the European health policy framework established through the World

Health Organization - Regional Committee for Europe. Its’ main focus is to improve the health and well-being of the population by reducing stigmas, inequalities, while improving public health.

• The European Framework for Action on Mental Health and Wellbeing3 - A joint

EU action, which was put into motion in 2013 to emphasize the importance of mental health and establish monitoring mechanisms, in order for the prevention and diagnosis techniques to be applied more efficiently.

• Luxembourg Declaration on Workplace Health Promotion in the European

Union4 - It represents the combined efforts of employers, employees and society to improve the health and wellbeing of people at work. This can be achieved through a combination of improving the work organisation and the working environment, promoting active participation and encouraging personal development.

• “Time to change5 programme”- This initiative is only one of many that emerged in the

last couple of years and is solely focusing on ending the stigmatization of mental health issues. Its’ model is focusing on three key elements: knowledge, attitude and behavior. It is led by numerous health charities, which are helping this programme expand.

1 2 3 4 5

Directive 2003/88/EC World Health Organization European Framework for Action on Mental Health and Wellbeing Luxembourg Declaration on Workplace Health Promotion in the European Union Time to change initiative

Environment, Public Health and Food Safety | 67

Summary The perception and relevance of work in the modern society is rapidly changing. Factors such as the globalisation of markets, urbanisation and migration are some of key factors which changed the perception of the workplace in a quick and consistent way.. In addition, in the last couple of years the advances in information technology have had an impact on the nature of work and on the health, including the mental one, of both employees and employers. The constant need for innovation has started to put intense pressure on individuals, to carry out a given task in the shortest timeframe as possible. Nowadays, one in four people are affected by a certain form of mental issues and 70 million working day jobs are lost because of it, therefore it is essential that employers know to notice the indicators of mental distress. 1 When it comes to developing certain mechanisms for prevention, employers, together with organizations and legislators should come together and forge a strategy for enhancing and maintain mental health and well-being in the workplace in a proper manner.

1

Mental Health Foundation, Managing Mental Health in the Workplace

68 | Environment, Public Health and Food Safety

Key questions • What factors are the main causes of stress regarding the workforce within the European

Union?

• What preventive measures could be applied in order to create a more stable environment and workplace?

• What steps should be taken to reduce stigmatization and take action for individuals, who are dealing with mental issues?

• Why are mental health issues tackled differently in the EU Member States?

Links for further research • • • • • • • •

The Guardian, Mental health in the workplace: 'You've got to be blind not to take this seriously' Edinburg News, Project Aims to Reduce the Stigma on Mental Illness European Youth Forum European Commission, EU-Compass for Action on Mental Health and Well-being Mental Health in the Workplace Good practices in Mental Health and Wellbeing Sangu Delle: There's no shame in taking care of your mental health OCD and Anxiety Disorders

Environment, Public Health and Food Safety | 69

Committee on Industry, Research and Energy Towards sustainability: The EU is working towards cutting its greenhouse gas emissions, encouraging all Member States to focus on a more sustainable energy production.

How can the EU ensure that all Member States will adhere to the guidelines proposed in the 2030 Policy Framework for Climate and Energy in order to make the EU’s economies and energy systems more competitive, secure and sustainable?

By Heidi Park (SE)

70 | Industry, Research and Energy

Key terms • Greenhouse effect - It is a natural process that warms the surface of the Earth. When

the sun’s energy reaches the Earth’s atmosphere, some is reflected back into space, while the rest is absorbed and reradiated by GHG. Due to human activities there are increased concentrations of GHG, contributing to global warming.1

• Greenhouse gases (GHG) - These gases trap heat in the atmosphere. The main GHG

are carbon dioxide, methane, nitrous oxide, and fluorinated gases. They are released into the atmosphere through the production and transport of fossil fuels, burning fossil fuels, trees and wood products, and the decay of organic waste.2

• Renewable energy - It is the energy collected or obtained from renewable resources

which naturally replenishes itself, such as sunlight, wind, waves, heat, etc.

• Non-renewable energy - It is the energy collected from non-renewable resources that

do not replenish itself at a sufficient rate to its consumption. Examples of these are coal, gas and oil.

1

2

European Environment Agency, “How do human activities contribute to climate change and how do they compare with natural influences?” [Online]. Accessed 30/06/2017.

Environmental Protection Agency (2015), “Overview of Greenhouse Gases” [Online] Accessed 30/06/2017.

Industry, Research and Energy | 71

Social Relevance Human activities are changing the natural greenhouse effect, as our global society becomes more and more dependent on industrial activities. Excess of GHG are released into the air, causing climate change affecting us all on a global scale. Extreme weather events has caused rising damage costs across Europe, such as heat waves, floods and droughts.1 The health effects of climate change are also important to discuss. The pollen season is longer and arrives earlier than 50 years ago, the warmer temperature allows for disease-carrying mosquitos and sandflies to thrive in Europe, and air pollution can cause respiratory diseases.2 In the last 150 years alone, there has been an increase of 120 parts per million carbon dioxide levels.3 Aiming at reducing greenhouse gas emissions, and create a more sustainable energy system, the EU created the 2020 Climate and Energy Package. In order for the EU to become a world leader on using renewable energy and prioritise energy efficiency in new technologies, they have created a set of goals to be reached by the year 2020. As the United Nations Climate Change Conference (COP21) in Paris approached, they targeted for a new set of goals by the year 2030, called the 2030 Climate and Energy Framework. The framework not only focuses on environment, but also on the energy market and how to make it more efficient, both for consumers and energy suppliers.

If the EU is successful in attaining the goals set out, they will be able to greatly reduce GHG emissions, reduce the EU’s dependence on energy imports from politically unstable areas, and lower the energy prices and halt the EU economy’s vulnerability to future price rises, just to mention a few.

1 European Environment Agency (2012), “Climate change evident across Europe, confirming urgent need for adaptation”[Online].

Accessed 30/06/2017.

2 ibid.

3 NASA (2015), “A Blanket Around the Earth” [Online]. 14/06/2017.

72 | Industry, Research and Energy

Stakeholders • The European Commission’s Directorate-General (DG) for Energy - It is a branch

within the administration of the EU, which is responsible for a specific area of expertise. In this case, the aforementioned authority is responsible for energy policies within the EU. The DG focuses on developing and implementing the EU’s energy policy, which should provide secure, sustainable and competitive energy to Europe. The DG develops and implements policies aimed at setting up an energy market which provides citizens and businesses with affordable energy at competitive prices, promoting sustainable energy production, and enhancing a safe and secure energy supply. Its tasks are numerous. For example, it monitors the energy market, enables markets to deliver agreed objectives in efficient and renewable energies, facilitates energy technology innovation, and more.1

• Transport, Telecommunications and Energy Council configuration (TTE) - It is a

branch within the European Council, which works towards fulfilling EU objectives within transport, telecommunications and energy. These objectives are to establish a modern, competitive and efficient markets and infrastructure, and create a trans-European transport, communications and energy networks. The energy ministers meet three to four times annually, and the council is responsible for adopting legislation with the European Parliament on the functioning of energy markets, ensuring energy supplies are secure, and promoting renewable energies and energy efficiency.2

1 2

European Commission (2017), “About Us” [Online]. Accessed 14/06/2017.

European Council (2017), “Transport, Telecommunications and Energy Council configuration (TTE)” [Online]. Accessed 14/06/2017.

Industry, Research and Energy | 73

• Energy suppliers - They are companies that supply and harness natural resources.

They can have a large impact on trade, energy prices and how the energy market can evolve. Larger companies can make it more difficult for smaller businesses to enter the market or make it difficult for consumers to choose a cheaper energy option, creating an oligopoly.1

• Member States - Each Member State is responsible for implementing the package

and framework of 2020 and 2030 respectively. The package and the framework are directives, meaning that they must achieve the target goals set up, but can achieve them through any means.

• With knowledgeable citizens, comes smarter energy consumerism. Without energy

consumers, there would be no energy market. The European Commission has even aimed at helping consumers save money and energy through a three-pillar strategy, to protect consumers, help the environment, and conserve energy supplies.

1

Oligopoly: a state of limited competition, in which a market is shared by a small number of producers or sellers.

74 | Industry, Research and Energy

Conflicts • Differences between Member States - There are many that finds the reduction of

GHG emissions by at least 40% to be too ambitious, especially considering how inconsistent the emission of GHG have been across Member States. In 2014, Lithuania, Romania and Latvia has decreased their GHG emissions compared to 1990 statistics, by 59%, 56% and 55% respectively, whereas Malta, Cyprus and Spain have increased their emissions by 48%, 36% and 16% respectively.1 Not to mention, many eastern European Member States are worried about the economic costs of the 2030 targets, as Member States such as Poland and Czech Republic rely heavily on coal for electricity.2 However, there have been discussions of policy reforms and improving the current systems in place from the 2020 package in order to make the targets attainable.

• Energy dependency - Many countries are heavily reliant on a single supplier, such

as Russia for their energy. Since the gas dispute between Russia and Ukraine in 2009 left many EU countries with shortages, there have been many concerns about EU’s heavy dependency for energy on countries that may be politically unstable. The EU imports almost 90% of its crude oil and 66% of its natural gas consumption. With this in mind, there are some Member States that are proposing a greater exploitation of domestic resources such as coal or shale gas. However, others propose to formulate an even more ambitious clean energy targets for 2030 in order to become independent of any other states outside of Europe.3

• Legislation across Member States - In order to create a sustainable and manageable

energy union, one must look at the differing taxation systems and legislation within each Member State. Thus, a common energy policy and an internal energy market can be extremely difficult, because of the differing economic development and availability of natural resources of each Member State. In order to upgrade Europe’s infrastructure, such as the transmission grids and gas pipelines, an estimate of EUR 200 billion is needed.4

1 2

3 4

Eurostat (2016), “Greenhouse gas emission statistics” [Online]. Accessed 30/05/2017.

Meltzer, J., Boersma, T. (2014), “Challenges to the European Union’s Post-2020 Climate and Energy Framework”, Brookings.edu [Online]. Accessed 30/05/2017.

European Commission (2017), “Energy Security Strategy” [Online]. Accessed 15/06/2017.

Meltzer, J., Boersma, T. (2014), “Challenges to the European Union’s Post-2020 Climate and Energy Framework”, Brookings.edu [Online]. Accessed 30/05/2017.

Industry, Research and Energy | 75

Measures in place • Paris Agreement: A universal, legally binding global climate agreement, ratified by the

EU on October 5th 2016, coming into force beginning of November that same year. Its key targets are to reduce emissions, ensure progress through transparency and progress reports, and support each other amongst others.

• 2020 Climate and Energy Package: A set of binding legislation for EU Member States

to meet the set out climate and energy targets by 2020. These goals include cutting GHG emissions by 20% from the 1990 levels, making 20% of EU’s energy from renewable sources, and a 20% improvement in energy efficiency.

• 2030 Climate and Energy Framework: This framework sets three key targets to meet

by 2030, which are cutting 40% of GHG emissions from 1990 levels, 27% share for renewable energy, and 27% improvement in energy efficiency.1

• EU Emission Trading System (ETS): Works on a ‘cap and trade’ principle. The cap is

the total amount of GHG that can be emitted, and is reduced each year. Within this, companies can buy or receive emission allowances and trade with one another. The ETS covers approximately 11 000 power stations and manufacturing plants in all Member States, as well as Iceland, Liechtenstein and Norway. Through this system, 45% of the total EU GHG emissions is regulated.2

• EU Energy Union: The EU has launched plans for an energy union. It will ensure secure,

affordable and clean energy for EU citizens and businesses, through a free flow of energy across national borders within the EU, and bring new technologies and renewed infrastructure in order to cut household bills, create jobs and boost growth.

1 2

European Commission (2017), “Paris Agreement” [Online]. Accessed 24/05/2017.

European Commission (2017), “The EU Emission Trading System (EU ETS)” [Online]. Accessed 15/06/2017.

76 | Industry, Research and Energy

• Energy Security Strategy: Released in 2014, this strategy aims to ensure a stable and

abundant supply of energy to European citizens and its economy, as the EU imports more than half of all the energy it consumes. This strategy would also address the problem as some countries are reliant on a single energy supplier, leaving them vulnerable to disruptions. The strategy proposes actions in 5 key areas, such as increasing energy efficiency, increasing energy production in the EU and diversifying supplier countries and routes, completing the internal energy market and build missing infrastructure, speak with one voice in external energy policies, and strengthening emergency and solidarity mechanisms and protect critical infrastructure.1

• Consumer Rights and Protection: All consumers are protected by EU legislation,

but since the introduction of the energy market, a set of rights all EU citizens should have as energy consumers have been defined. The legislation must be set out in the national laws the citizens reside in, and must reflect EU legislation as well. The national legislation must ensure citizens’ rights to a choice of supplier, the availability to easily switch suppliers, be able to easily resolve any complaints and disputes, receive a clear contract information and the right to withdraw.2

1 2

European Commission (2017), “Energy Security Strategy” [Online]. Accessed 15/06/2017 European Commission (2017), “Consumer rights and protection” [Online]. Accessed 24/06/2017.

Industry, Research and Energy | 77

Summary The EU continues to strive to become a world leader on using renewable energy and prioritise energy efficiency and sustainability. However it does not come easily, and there are many hardships on the horizon that the EU must overcome in order to be successful.

Differing infrastructure and legislation across Member States, heterogeneous levels of development, and dependency on imported energy are just few of the problems the EU must tackle to achieve its goals. In a globalised world, as societies become more and more industrialised and living standards improve, energy is needed now more than ever for it to function.

Key questions • What are the different reasons why not all Member States can achieve the targets goals • • • •

set out in the 2030 Climate and Energy Framework?

How can the EU ensure that all Member States can achieve the above-mentioned goals?

What different type of measures can be taken?

How can the EU implement an energy union without interfering with national sovereignty and different infrastructure among Member States?

In what ways can competition in the energy market be enhanced and encourage more energy companies to enter the market?

How can the EU ensure energy security, especially taking into account that certain Member States are dependent on a single state for its energy?

Links for further research • • • • • •

European Commission - The EU's 2030 goals for climate and energy (video) Brookings - Challenges to the European Union’s Post-2020 Climate and Energy Framework European Commission - International cooperation/international energy partners European Commission - Trans-European Networks for Energy European Commission - Factsheet on Energy Markets European Commission - Factsheet on Electricity Interconnections

78 | Industry, Research and Energy

Committee on Legal Affairs Towards a faster and more efficient dialogue: With the Mediation Directive the EU encourages all Member States to use mediation to tackle cross-border disputes in civil and commercial matters. Considering that this method for alternative dispute resolution is at different stages of implementation in the different Member States, how can the EU promote a common approach to mediation within its borders?

By Laura JoĂŤl (NL)

Legal Affairs | 79

Key terms • Alternative dispute resolution (ADR): A procedure that aims to solve a problem

outside of court, by means of e.g. mediation, conciliation, ombudsmen, arbitration, or complaints boards.

• Mediation: It is a structured process in which two or more parties attempt to reach

an agreement voluntarily with the assistance of a mediator, any third person who is asked to conduct mediation in an impartial and competent way. This process can be suggested by the involved parties or ordered by a court or by law. It is relatively lower in costs compared to a court case and usually also more time-efficient.1

• The Online dispute resolution (ODR) platform: This is an online platform, developed

by the European Commission and put online in February 2016 to allow dissatisfied customers to resolve their issues with producers of their online purchases in a timely and low-cost manner. Each Member State has a contact point to help national users of the ODR platform.2

• E-commerce: It stands for electronic commerce and means the selling of products

on electronic platforms. Especially for cross-border purchases, trust in e-commerce has remained fairly low due to issues of unreliability and lower quality than expected concerning products coming from abroad. Since the implementation of consumer rights in the e-commerce sector, trust in it has grown in the EU, judging by the increase in intraEU sales through e-commerce. 3

1 2 3

Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters, Art. 3: Consumers’ web page concerning Alternative and Online dispute Resolution E-commerce statistics explained

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Social Relevance With the freedom of movement of people and goods across European borders comes the responsibility to ensure access to cross-border security and justice as well. The European Commission intends for the internal market to function properly and efficiently for every EU citizen, but it does not always happen for consumers purchasing goods from other Member States. Especially when it comes to e-commerce, consumers experience a low level of trust and a high amount of complaints that are difficult to solve when the consumer and the producer are not in the same country. Though consumer rights have been harmonised to a large extent within the EU, the legislation concerning a potentially very efficient solution, namely mediation, has not been fully harmonised or implemented across Member States. Mediation is a very specific aspect of ADR and the EU does not have an exclusive competence on it; Member States themselves carry the responsibility of implementing it and offering qualitative facilities for it. However, this has resulted in an uneven implementation and as such, EU citizens experience different levels of access to justice. Especially citizens of Member States that experience a large backlog of pending court cases could greatly benefit from a more efficient and even implementation of mediation as an alternative. It is worth noting that, though the commercial side of this issue seems more vital to the functioning of the internal market, it also has a civil side: crossborder family disputes are often long drawn-out, difficult court cases that could benefit from mediation.

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Stakeholders • The European Commission: It is the organ of the EU responsible for drawing up

legislation and maintaining the optimal functioning of the internal market. The availability of quality ADR entities, such as mediation facilities, across the EU is a precondition for the civil and commercial dispute settlement and proper functioning of the ODR platform. It is thus an important factor in the improvement of the internal market.

• Consumers: The group of citizens purchasing products transnationally. They could

potentially find their products to be flawed and subsequently file a complaint.

• Traders: Those citizens who create and/or sell products across borders, and could as

such be subject to formal complaints from dissatisfied consumers.

• National governments: As the bodies in charge of protecting their citizens’ security

and ensuring their access to justice within and outside of national borders, it is in the national government's’ best interest to implement mediation legislation. However, as each Member State has a different system, it is also in their interest to consider national legislation and protect producers that reside within their territories. Slovakia and Estonia, for instance, offer reimbursements for any court fees previously paid by parties in a dispute if they come to an agreement through mediation. Czech Republic and Italy require parties to have at least one mediation session before they bring the case to court, whereas the majority of Member States, amongst which the Netherlands, Sweden, and Spain, do not offer any incentives or have any requirements.1

• Citizens in civil disputes: Although this is a very all-encompassing group, it has to be

noted that citizens stuck in civil disputes are stakeholders in this situation as well.

1

The Implementation of the Mediation Directive Workshop, 29 November 2016

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Conflicts • Differences between Member States - The most important conflict in this issue is the

discrepancy between national legislation and EU legislation. Member States are still in different stages of implementation of the Mediation Directive, due to the fact that they were given a large margin of freedom in the implementation.1 A difference in performance can be observed between Member States that already had a mediation system in place and those that had little to no facilities previously set up. Even within Member States, alternative dispute resolution facilities are not sufficiently and consistently developed across different regions. Linked to this is the inconsistent enforceability of agreements, which has also proven to be a problem. Not every Member State has legislation that fully supports and facilitates the enforcing of agreements settled by civil parties. Due to this lack of harmonisation and uneven performances across the EU, traders in Member States that have well-developed ADR possibilities are at an advantage compared to their counterparts that do not have qualitative and consistent access to ADR facilities. They can save money and time by making use of mediation and perhaps maintain a better reputation with their clients.2

• Mediation effectiveness - Furthermore, mediation does not guarantee low costs or

a more timely outcome. Qualitative mediation is led by a competent, trained mediator, who often does not come at a low price. However, most judges and lawyers deem themselves competent enough in mediation without having had the proper training, which can lead them to wrongly assess the solutions mediation can offer for a specific case. This way, fewer cases are referred to mediation when they could be solved that way.3

1

2 3

A European Assessment Report on the Directive on certain aspects of mediation in civil and commercial matters, looking at the outcomes and pitfalls of the Directive Directive 2013/11/EU on ADR for consumer disputes and amending regulation (EC) No 2006/2004 and Directive 2009/22/EC A report on why mediation is not used more often as an alternative to court cases, from the perspective of a professional mediator

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• Cross-border communication - Seeing as cross-border disputes often involve two

parties that have different native languages, communication and language barriers also pose a problem. Translations are often not provided for free and due to the language barriers, most of the communication has to be in the written form. This takes more time and obstructs the mediation procedures. Additionally, most information concerning ADR and explaining how it works it written in legal jargon, which is often hard to understand for laymen who are just looking for a way to solve their disputes.1

• Knowledge of ADR legislation - Even when ADR and mediation facilities are strong

and well-developed in a Member State and the average court knows when to refer a case to a mediator, there is still a low level of knowledge concerning ADR legislation— consumers and traders alike do not always know what the out-of-court alternatives are and how to formally file a complaint at an ADR body.2 Not only legal knowledge, but also basic knowledge of mediation and the ability to sympathise and use their words effectively can enhance the procedure greatly.3

1 2 3

Idem. footnote 4 Idem. footnote 3 Idem. footnote 3

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Measures in place • The European Commission’s Green Paper on alternative dispute resolution in

civil and commercial law: It introduces ADR to be used instead of court cases and the reasons for implementing legislation on it on an EU-wide level. Moreover, it explores what ADR measures were already in place in Member States and what the possibilities of further improvements could be. It resulted in several Directives, elaborated upon below.1

• Directive on alternative dispute resolution on consumer disputes: The purpose

of this Directive is to attain a high level of consumer protection and to contribute to the functioning of the internal market by ensuring that consumers can voluntarily submit complaints against traders to entities offering “independent, impartial, transparent, effective, fast and fair alternative dispute resolution procedures.”2 This includes quality harmonisation and is not meant to tarnish existing national legislation.3

• Directive on certain aspects of mediation in civil and commercial matters:

This Directive sets out conditions to enhance the access to ADR facilities, specifically mediation. It defines “mediation” and the scope of the disputes mediation can be used as a solution. It also touches upon the quality of mediation and referral to it by courts, and the enforceability of agreements.4

• Regulation on online dispute resolution for consumer disputes: This regulation is

a complementary legislative instrument that is interlinked with the Directive on ADR, in that it has the same aims but adds the ODR platform to the range of ADR instruments.

It establishes, defines, and elaborates upon the workings of the ODR platform and the complaints filed on it.5

1 2

3 4 5

Green Paper on alternative dispute resolution in civil and commercial law Directive 2013/11/EU on ADR for consumer disputes and amending regulation (EC) No 2006/2004 and Directive 2009/22/EC, Ch.1, Art. 1 Directive 2013/11/EU on ADR for consumer disputes and amending regulation (EC) No 2006/2004 and Directive 2009/22/EC Directive 2008/53/EC on certain aspects of mediation in civil and commercial matters Regulation (EU) No 524/2013 on online dispute resolution for consumer disputes

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Summary Mediation, if done properly, can take place in a timely and cost-efficient manner, resulting in better relations on the long term. In brief, mediation is a potential but ideal alternative to court cases. However, it has its limitations and risks. For instance, the lack of harmonisation of mediation facilities within the EU means that certain citizens have advantages over others—this is a risk the Commission wants to remove. It is interesting to note that most of these issues have in part arisen due to Member States having a large amount of freedom with the implementation of the Directives. On the other hand, good mediation does not come for free and not every Member State offers financial support for it. Lastly, as is the case with many issues the EU tackles, not every EU citizen is aware of their rights. After all, if you do not know where to file your complaint, how could you file it at all? And if you do not know you have access to mediation facilities, how do you become aware of the possibility of it?

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Key questions • Quantity versus quality: should the EU focus on increasing mediation facilities or improve • • • •

the existing mediation access across the EU? Can the EU more specifically help individual Member States implement the mediation directive? If so, what needs to be done on the specific level?

How can the EU improve the quality of mediation and mediation training without meddling with national legislation?

What actions can the EU undertake to ensure citizens become more aware of their consumer rights and access to ADR/mediation? ● Should the EU leave the responsibility of publicly promoting mediation and ADR in general to national governments?

Links for further research • •

• • • •

An article that briefly introduces ADR and ODR and elaborates upon the workings of the ODR platform.

Website of the Ecommerce Europe Trustmark, representing the label that marks an online shop that abides by the European laws and regulations and is simultaneously a platform consumers can file complaints on.

Article about the first-ever summit organised in June concerning specific policies relating to Global Ecommerce.

Study commissioned by the Committee on the Internal Market and Consumer Protection into the current (2011) situation of cross-border ADR in the EU. A guide to cross-border dispute resolution written for EU citizens.

An overview of legal documents relating to cross-border civil justice.

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Committee on Civil Liberties, Justice and Home Affairs Communicating through diversity: The presence of different ethnical and cultural backgrounds is one of the EU’s main distinguishing traits. In the light of the conflicts that may arise when different cultural communities are treated differently in the various Member States, what should the EU do to ensure that the rights of national and ethnic minorities are equally respected within its borders?

By David Teixeira (PT)

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Key terms • National and ethnic minorities - Groups within a community that feel to be different

from the majority of the society due to differences in language, religion, culture, and others.

• Discrimination - Different treatment which may be given to minorities, regarding their

role in society and fundamental rights.

• Roma People - Europe’s largest ethnic minority with an estimated 10-12 million people

across Europe.1

• Charter of Fundamental Rights of the EU - A document that contains all the

fundamental rights that are protected within the EU.2

1 2

European Commission on EU and Roma European Commission’s webpage on the EU Charter of Fundamental Rights

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Social Relevance Equality amongst all citizens of our society as well as respect for human dignity and rights are some of the core values defended by the EU. In fact, Article 2 of the Lisbon Treaty states that “the Union is founded on the values of respect for human dignity, equality, and respect for human rights, including the rights of those belonging to minorities.�1 However, many people belonging to social and ethnic minorities still face discrimination. the European Union Minorities and Discrimination Survey, a study conducted by the EU Agency for Fundamental Rights in 2008, showed that from the people who were interviewed, 30% had faced discrimination in the previous twelve months. This study covered aspects such as discrimination when trying to find a job, getting education or buying a house, among others.2 Not all grounds and areas of discrimination are covered by EU legislation, as the EU does not have the competence to intervene in social affairs. This means that the ultimate decisions regarding legislation when it comes to minorities can only be decided by the Member States.

Due to the importance that equal treatment and Human Rights play in the EU, it is extremely relevant in our society to discuss what can be done to minimize discrimination amongst individuals that come from a different ethnical and cultural background .

1 2

Article 2 of the Lisbon Treaty European Union Minorities and Discrimination Survey

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Stakeholders • European Commission - The institution responsible for initiating legislation in the

EU. It has proposed directives aimed at protecting minorities from different types of discrimination, such as the anti-discrimination directive.1

• Member States - The EU does not have the competence to get involved in social affairs,

legislation regarding anti-discrimination measures and inclusion of minorities is decided on a national level.

• Court Justice of the European Union - Examines the compatibility of fundamental

rights with current legislations, both within Member States on a national level and on the EU as a whole.2

• Civil Society - Public opinion can push for Human Rights legislation and is often divided

on such issues. While some citizens believe that creating laws to ensure the protection of minority rights should be a priority for governments, others disagree.

• Non-governmental Organizations (NGOs) - Organisations that act which regularly

campaign and lobby to raise awareness, changing public opinion and improving social acceptance of minorities. They also provide support to victims of discrimination. Some examples are the European Center for Minority Issues3 and the Institute for Minority Rights.4

• European Union’s Agency for Fundamental Rights - It aims to provide the EU

institutions and Member States with assistance and knowledge in the field of fundamental rights5, so that these entities can make informed decisions on what to do regarding Human Rights.

1 2 3 4 5

Anti-discrimination directive EU institutions and other bodies: European Union’s Court Justice European Center for Minority Issues Institute for Minority Rights Official webpage about the European Union’s Fundamental Rights Agency

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Conflicts • Discrimination towards minorities - It continues to exist inside the EU, despite going

against its core values. Many Member States still have high levels of discrimination, as was shown by the study conducted by the EU Agency for Fundamental Rights in 2008. 47% of all Roma people and 41% of Sub-Saharan Africans that answered the aforementioned study, answered positively when asked if they had been victims of an act of discrimination in the last 12 months.1

• Public opinion’s impact - It is argued that the EU lacks specific mechanisms to enforce

Human Rights norms, let alone bring reforms to ensure the full spectrum of Human Rights to national and ethnic minorities. Public opinion is crucial for legislation; pressure from the citizens to their National Governments is often the cause for changes in legislation.

The different cultural settings across the EU are also reflected on the public opinion inside each country. According to a survey, 56% of UK citizens felt that local culture is threatened by ethnic minorities, but only 45% of German citizens felt the same way.2

• Cultural clash - An issue that causes a lot of controversy is the cultural clash between

minority communities that may occur if they are to be fully included in our society, worrying a lot of citizens. It is also often difficult to recognize and detect discrimination, making it hard to ensure that the proposed laws are being accepted and achieving their goal in the society.

1 2

European Union Minorities and Discrimination Survey 2017 Aurora Humanitarian Index

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Measures in place • The Charter of Fundamental Rights of the EU - It is now legally binding, meaning

that it is a part of the legislation of the Union, just like all the EU treaties. This Charter prohibits discrimination on the basis of belonging to a national minority. Therefore, it has become legally binding and Member States must respect the principle of nondiscrimination. Member States are not allowed to create legislation that goes against equal treatment between citizens. It is the European Commission’s job to ensure that when the EU countries, are implementing EU laws, they follow these rules.

• Directive of anti-discrimination - It is proposed by the European Commission, but

it was not approved by the Council, as it was argued that the EU does not have the competence to intervene in social affairs. Member States are then the ones with the powers to make decision when it comes to minorities, meaning that legislation may vary from one Member State to another. For example, the scope of Portuguese1 and Irish2 law against discrimination is wider than obliged by EU law.

• The EU may still create legal framework for the Member States to work in a certain

direction. For example, the European Commission has issued the “EU Framework for National Roma Integration Strategies 2020”3 for all Member States, whose national governments have compromised to.

• In different Member States, there is different legislation. For example, in The Netherlands,

an Equal Treatment Commission was set up to give preliminary non-binding opinions on discrimination cases before these go to court.4

1 2 3 4

Minority Rights Group on Porugal Minority Rights Group on Ireland EU Framework for National Roma Integration Strategies 2020 Minority Rights Group on The Netherlands

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Summary Member States are taking action to solve these problems, as the EU legal documents and institution recognize the importance of tackling discrimination and guarantee all the citizens to be active part of the EU society no matter what the cultural and ethnical background.

However, while most National Governments agree on the goal of respecting the Human Rights of minorities, there is a fragmented response to this issue, as they act individually.

The EU faces controversial issues and needs to take into account that it has limited competences when legislating and taking action regarding minorities, while bearing in mind that its fundamental values are being questioned.

Key questions • How can the EU stop discrimination and enhance further inclusion of members of

national and ethnic minorities in its society?

• Which forms of discrimination should the EU focus on tackling first?

• To what extent should the inclusion of minorities in our society be promoted?

• What can the EU do to create a homogeneous response to this issue across all Member States, taking into account its legal restrictions?

Links for further research • • • • • • •

European Commission on the Fundamental Rights of Minorities Council of Europe in Discrimination and Intolerance Fact Sheet on the Respect for Fundamental Rights in the European Union Infographic on Minorities in the European Union PDF about Minorities in the European Union List of Legislative Actions Concerning Minorities in the European Union Equinet on Discrimination in the EU in 2015:

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