New constitution strengthens employee status in Europe

Finnish employee confederations SAK, STTK and Akava adopt common position

The new constitution approved at last week's European Union summit conference is a step in the right direction. It also represents progress from the point of view of Finnish employees, and promotes the achievement of a citizens' Europe.

The constitution enshrines several positive principles, such as recognition of the status of labour market organisations complete with collective bargaining rights at European Union level. One of the most important reforms is the inclusion of a charter of fundamental rights as a mandatory element of the constitution. Another significant point for the Finns is constitutional recognition for the country's employment pension system and for the special status of the sparsely populated regions of Northern Europe. The special position of public services is also acknowledged and the role of public welfare services in trade policy is clarified. The new constitution represents an overall clarification and simplification of the operations of the European Union.

The Finnish employee confederations, SAK, STTK and Akava disapprove of the weaknesses that remain in the section of the constitution covering fundamental rights. A clause was added to the article on interpretation and application of fundamental rights, which vests ultimate authority to interpret the charter of rights in the national courts. This means that collective bargaining and the right of employees to engage in industrial action may be limited by national legislation. This may partially jeopardise the objective sought by the European Trade Union Confederation &#;8211 ETUC, to which the Finnish confederations are affiliated, of securing a binding legislative basis for improving the situation of employees.

The Finnish employee confederations feel that retention of the unanimity requirement in such matters as taxation and some aspects of employment policy remains another weakness in the new constitution. They would also have preferred to see a clear reinforcement of economic policy co-operation. Employee organisations both in Finland and elsewhere in Europe have stressed the need for more effective harmonisation of economic policy within the framework of the common monetary policy and currency. Enlargement of the European Union also imposes major challenges on the Union's current economic systems.

The draft constitution prepared by the Convention was broadly superior to the final document approved by the intergovernmental process at last week's summit conference. The constitution as a whole also remains an inadequate reform to ensure the operating capacity of an expanding Union, which will require the ability to amend the constitution at some point in the future. The operating capacity of the European Union will ultimately depend on the quality of mutual co-operation by the Member States to foster economic development and employment.

Lauri Ihalainen
President
Central Organisation of Finnish Trade Unions – SAK

Mikko Mäenpää
President
Finnish Confederation of Salaried Employees – STTK

Risto Piekka
President
Confederation of Unions for Academic Professionals in Finland – AKAVA