A Explanatory Memorandum
1. On 7th December, 1951, the
Consultative Assembly adopted a draft Recommendation for a Common Policy
in Social Matters, Recommendation 14 (1951).
2. After examining this Recommendation the Committee of Ministers
assured the Assembly that it realised the importance of harmonising
national activities in the social field (cf. Report of the Committee
of Ministers of 12th May, 1952, para. 60).
3. In the opinion of the Committee this statement seems to imply
approval in principle of all action directed towards:
- the harmonisation, to.the extent
feasible and desirable, of existing social legislation and practice;
- the abolition of discrimination on grounds of nationality
between nationals of the various Member States; and
- the joint consideration of new developments in the social
field with a view to the adoption of a common attitude.
4. It would, therefore, seem essential to adopt as a starting-point
certain measures by which this policy may gradually be put into
effect.
5. It is evident that the implementation of the long-term programme
implicit in the statement of the Committee of Ministers and in Recommendation
14 (1951) of the Assembly, requires the establishment of an "appropriate
organ".
6. In this respect it is important to note the paragraph of Recommendation
14, which declared that it was necessary to study methods of " ensurin
g regular contact between the social administrations of the Member States,
taking into account the experience of the Brussels Treaty powers
and of the Scandinavian countries in the establishment of such contacts
" and which also implied the need for an adequate organ to carry
out a social policy of this kind. In its Report referred to above
(para. 2) the Committee of Ministers itself, after instructing the
Secretary-General, inter alia, to prepare a Memorandum on the activities
which might properly be carried out by the Council of Europe in
the social sphere, proceeded to emphasise that particular attention
should be paid to this question.
7. Further, in its reply to the Report of the Committee of Ministers
(
Doc. 28), the Assembly took note of the statement of principle
of the Committee of Ministers, and announced that it intended to
consider ways and means of bringing about such harmonisation, and
would in due course recommend to the Committee of Ministers suitable
measures to be taken in this connection.
8. Before indicating the type of organ which would be most suited
to the Council of Europe, it should be borne in mind that the signatory
Powers of the Brussels Treaty and the Scandinavian countries have
already devised a system of co-operation and contacts for joint
social action. These methods are, however, applied to a small and
homogeneous group of States, and none of them appear to he directly
applicable to the Council of Europe. Nevertheless, a study of their
activities goes to show that no joint policy is possible without
first establishing an "appropriate organ" – that is an organ of
liaison and research – between the social administrations of the
States concerned.
9. The Committee on Social Questions therefore considers it advisable
to suggest to the Assembly that it recommend the Committee of Ministers
to establish within the orbit of the Council of Europe such an organ
of liaison and research between the social administrations of Member
States as may appear most suited to the activities and aims of the
Council of Europe in the social field. This organ would be semi-permanent
in character and authorised to deal with all social matters, and
should therefore be composed of persons who have a " bird's eye
view " of the social policy of Member States, which means that its
terms of reference should be much wider than those of the two Committees
of Experts on Social Security. Each State should appoint to this
body high-ranking officials, representing the Ministers concerned,
who might be assisted or replaced by other social experts, depending
on the particular problem under consideration When the question
of social security arose, for instance, the officials in question
would be assisted or replaced by members of the Committee of Experts on
Social Security. Among other things this Committee should, on behalf
of the Committee of Ministers, examine the social recommendations
of the Assembly and should work in close co-operation with the international
organisations concerned, such as the I.L.0., and, in particular,
with the Committee on Social Questions of the Assembly.
10. This organ of liaison and research, which might be known as
the "Social Committee", should have the terms of reference and the
functions defined in the Draft Recommendation.
11. The establishment of this "Social Committee" would establish
a permanent contact between the social administrations of the Member
States, and between these administrations and the Council of Europe,
thus enabling the latter to keep in close touch with social developments
in each Member State and to establish a common social policy.
12. In order to enable the Council of Europe to follow with greater
ease events in the social field and to adopt a common policy in
particular with regard to " new developments ", it should also be
recommended that the Committee of Ministers request all Member Governments
to keep the Secretary-General informed of new developments in their
social legislation or practice. This information would be forwarded
to the Social Committee and to the Committee on Social Questions
of the Assembly, which would thus be in a position to consider the
great majority of new social laws contemplated by Member States.
There can be no doubt that the Committee on Social Questions of
the Assembly will always retain the initiative in the social sphere
: the Social Committee will draw upon the work of the Committee
on Social Questions in order to achieve the social policy which
it advocates.
13. When the new social laws referred to are intended to introduce
measures calculated to raise the standard of living, which it is
considered desirable to apply within the framework of the Council
of Europe, the Committee might propose that the Assembly recommend
to the Committee of Ministers that all Member States be invited
to introduce similar measures so as to secure identical advantages
for their own nationals and to extend them to the nationals of other
Member States.
14. In this way, the national laws might be brought into line,
thereby leading to the maximum possible uniformity in social conditions
and securing for nationals of other Member States the conditions
enjoyed by the citizens of those States. This effort of harmonisation
arising from the so-called "new social developments" would certainly
meet with fewer difficulties than one which was directed towards
harmonising long-standing legislation and practice. This co-ordination
by means of direct and virtually permanent contacts would create
a certain unity of policy which would certainly have its effect
on national legislation and practice. It would lead to a growing
concordance in the texts of future laws and would pave the way for
the conclusion of new Conventions.
15. This Social Committee would in effect complete the work of
the Committee on Social Questions – in the sense that it would act
as a Standing Committee responsible for dealing with social questions
on behalf of the Committee of Ministers. It would supply the Committee
on Social Questions of the Assembly with reports in as detailed
a form as possible on the progress of its activities.
16. In the light of these considerations the Committee on Social
Questions submits to the Assembly the following draft Recommendation
and Order of the Assembly, which were adopted unanimously by the Committee.
1 Draft Recommendation
The Assembly,
Mindful of the need expressed in Recommendation 14 (1951)
for the adoption of a common policy in social matters;
Welcoming the statement of the Committee of Ministers in its
Report to the Assembly of 12th May, 1952, which recognised the advantage
of harmonising national practice in social matters;
Considering that existing social legislation and practice
should be harmonised, that discrimination on grounds of nationality
between nationals of Member States should be abolished and that
new developments in the social sphere should be the subject of joint
examination;
Being of opinion that such harmonisation requires the establishment
of an appropriate organ for liaison and joint discussion between
the Council of Europe and the departments for social administration
of the Member States.
Recommends to the Committee of Ministers,
1. That a Social Committee should
be established composed of high-ranking officials of the social administrations
of Member States, representing the Ministers concerned. These officials
should be authorised to call in the assistance of other social experts
or to be replaced by them. The Social Committee should work in close
liaison with the Committee on Social Questions of the Assembly and
its functions should be as follows:
i To
consider, from the technical point of view, any Recommendation in
the social field emanating from the Consultative Assembly which
may be referred to the Social Committee by the Committee of Ministers;
ii To consider the practicability of abolishing any discrimination
on grounds of nationality between nationals of the Member States
with regard to social rights and benefits;
iii To suggest the means by which existing social legislation
and practice could be harmonised;
iv To meet before international conferences on social questions,
in order, as far as possible, to reach agreement on a common policy;
v To constitute a permanent link between the social administrations
of the Member States and between these administrations and the Council
of Europe, with a view, inter alia, to aiding Member Governments in
the interpretation and application of Resolutions on social matters
adopted by the Committee of Ministers and of Conventions concluded
by the Member States, such as the Interim Agreements on Social Security
and the Convention on Social and Medical Assistance;
vi To keep the Committee on Social Questions of the Consultative
Assembly as fully informed as possible of the progress of its work.
2. That all Member Governments should be requested to keep the
Secretary-General of the Council of Europe informed of any new developments
which they may be contemplating in their social legislation or practice.
2 Draft Order
The Assembly,
Instructs its Committee on Social Questions to continue the
study of any related questions which might with advantage be included
later in the programme for a common policy in social matters.
