Preliminary draft additional protocol to the European Social Charter
- Author(s):
- Parliamentary Assembly
- Origin
- Assembly debate on 26 January 1987 (21st Sitting) (see Doc. 5665, report of the Social and Health Affairs Committee). Text adopted by the Assembly on 26 January 1987 (21st Sitting).
- Thesaurus
The Assembly,
2. Recalling its
Recommendation 1022 (1986), on the European Social Charter : a political appraisal, in which it asked the Committee of Ministers, inter alia, to consult the Assembly before adopting the draft additional protocol ;
3. Accordingly welcoming the fact that the Committee of Ministers has done so ;
4. Noting that the four new rights envisaged in the preliminary draft protocol correspond to only some of the proposals made by the Assembly in its
Recommendation 839 ;
5. Realising that a protocol is not equivalent to full revision of the text of the charter, but is nonetheless a valid formula, having regard to the complications involved in reframing a legal instrument ;
6. Noting also with satisfaction that the preliminary draft protocol takes account to a large extent of changes in labour law, conceptions of social policy and even terminology, since the charter was drawn up ;
7. Considering that this first additional protocol should soon be followed by others, containing new rights which reflect the spirit of
Recommendation 839, but also other work done by the Assembly in the meantime,
8. Recommends that the Committee of Ministers amend the preliminary draft as follows :
Part II
Article 1, paragraph 4
To avoid arbitrary application and misinterpretation, this paragraph should be worded more precisely, possibly giving examples.
Article 2, paragraph 1.a
The words ‘‘in a detailed, comprehensible way'' should be inserted after the words ‘‘to be informed ...''.
Article 2, paragraph 2
This paragraph should include an affirmation of the principle that the consultation referred to in thearticle is in no sense a substitute for collective bargaining.
Article 3, paragraph 1
‘‘Participate in'' should be substituted for ‘‘contribute to''.
A new sub-paragraph d should be added, referring to : ‘‘social and socio-cultural services and facilities within firms''.
Part III
Article 5
Ratification should apply to all the four main articles in the protocol. Should this solution prove impossible, acceptance of Article 4 and two other articles should be compulsory.
Appendix Appendix to the protocol
Section 1 should be worded in such a way that protection of the four new rights is not restricted to nationals of contracting states.
The paragraph relating to Article 1 should be deleted.
Paragraph 4 relating to Articles 2 and 3 should be deleted.
