Regional Integration: Social Policy and
Culture
Article of Focus: “European
Social Policy: National or Regional?”
by James A. Caporaso
Audra Harbert
I. Problem: EU did not include a social policy, designed primarily for economic purposes; therefore:
1. It is centrally directed—joining only for economic purposes.
2. Those in power had the fear that the mention of social policy would be associated with a welfare state system (favorable at the time). Elites did not want to give up power to this system yet and therefore did not plant the idea for voters to incorporate into decisions.
3. The beginning of social policy within the EU had a lack of legitimacy among the voters which led to a lack of support, therefore shifting the focus to health, trade, and safety. Those in power wanted to lean away from redistribution policies.
II. History
A. The European Economic Community-ECC: Created in 1958. Primary goal was to open a common market.
· With the increasing support of a common market came the increase in the options of consumer products.
· With increased mobility among member states comes:
1. Shifts in requirements (i.e. qualifications, benefits, etc)
2. Rise in social security issues (how to transfer capital and what are the standards under which one can receive such benefits?)
B. 1987- Single European Act-SEA:
· This time creating a “truly unified market”
· Found that markets need to be set in a society to in order to function. Markets are social institutions for the exchange of goods.
Variables that affects this market: Job loss, old age, injury, health, maternity, etc.
=> who takes care of these? These are the catalysts to social policy.
III. Problems
A. First Dilemma: National or Regional (Supranational) social policy?
· Issue of sovereignty: The states ultimate right to decide and not be interfered with by external forces.
B. Second Dilemma:
Tension between a market based social policy and a citizenship based policy.
IV. Solutions:
A. 1974- Social Action Program (SAP)
Addressed: Unemployment, living and working, and equal treatment.
1. It produced some legislature: 1975- Equal Pay Directive
1976- Equal Treatment Directive
2. Raised awareness of gender equality issues.
B. The EJC
Never intended to have social policy power. However, when they consitutionalized the Rome Treaty they took on the responsibility of social issues. Three main areas:
1. Equal pay for equal treatment
·
Based on Article 119 of the
·
Case: Defrenne v. Sabena II: Ms. Defrenne of
· Opposition came from questions about how to define terms like “pay” and “equality”, and what is discrimination?
2. Pregnancy
· Case: Dekker v. Vormingcentrum: Ms. Dekker was turned down for a job at a daycare center, even though she was declared the most qualified, upon the grounds that she was 3 months pregnant and therefore it could be predicted that she would be ill within the next 6 months.
· The EJC found this to be sex discrimination, as women could become pregnant but men could not, and pregnancy could not be dertemined an “illness”
3. Social Security
Main question: Who has the power? (Sovereignty is carefully guarded by a states elites which can cause problems when is comes to creating a European social policy).
· Three variables:
- Aggregation of Benefits:
o The EJC has created a series of pensions and benefits
o Movement between countries cannot be limited because it would lead to discrimination.
- Residence Pensions:
o Some States require residency in order for an individual to receive money from that state—The EJC says NO! Discrimination.
- Territoriality and Unemployment Benefits:
o Questions of who gets benefits and how much.
o Many states offer more benefits to those who have dependents; however, this is not uniform for all states.
Conclusion:
The EU Social policy is weak. Some argue that it is making progress. According to Caporaso the EJC has been fundamental in creating legislature to support this.