Ministers’ Deputies

Notes on the Agenda

CM/Notes/957/4.2    25 January 2006[1]

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957 Meeting, 1 March 2006
4 Human Rights

4.2 European Social Charter - Governmental Committee of the European Social Charter
a. Abridged report concerning Conclusions XVII-2 of the European Social Charter

b. Abridged report concerning Conclusions 2005 of the European Social Charter (revised)

Item to be prepared by the GR-H

Reference documents
CM(2006)10, CM(2006)11

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Action The Deputies, representatives of Contracting Parties to the Charter or the revised Charter, are invited to examine, with a view to their adoption: a.         the draft Resolution closing supervision cycle XVII-2 on the application of the European Social Charter (2001-2002 – “non-hard core” provisions); and b.         the draft Resolution closing supervision cycle 2005 on the application of the European Social Charter (revised) (2001-2002 – “non-hard core” provisions).

It is recalled that the supervisory machinery of the European Social Charter operates on the basis of reports on selected provisions which the Contracting Parties are required to submit at regular intervals. The procedure is the following:

- the European Committee of Social Rights, composed of fifteen independent experts elected by the Committee of Ministers, examines reports submitted by the Contracting Parties and makes a legal assessment of compliance of each national situation with the Charter. It publishes its “Conclusions” annually;

- the Committee of Ministers may issue recommendations to states which do not bring national situations into conformity with the Charter. The Committee of Ministers’ decisions are prepared by the Governmental Committee, composed of representatives of the Contracting Parties to the Charter and assisted by observers from European trade unions and employer organisations. The Governmental Committee examines how states follow up the Conclusions and in particular it selects, on the basis of social, economic and other policy considerations, the situations which should be the subject of recommendations to Contracting Parties.

a.         Abridged report concerning Conclusions XVII-2 of the European Social Charter

1.         The 17th supervision cycle (second part) concerns the following states: Austria, Belgium, Czech Republic, Denmark, Finland, Germany, Greece, Hungary, Iceland, Latvia, Luxembourg, Malta, the Netherlands (Kingdom in Europe, the Netherlands Antilles and Aruba), Poland, Portugal, Spain, Turkey and the United Kingdom.

2.         States were required to submit reports on the following provisions of the Charter by 31 March 2004: Articles 7, 8, 11, 14, 17, 18 and Articles 1 and 4 of the Additional Protocol covering the reference period 2001-2002; Hungary submitted its second report on all accepted provisions, and Latvia submitted its first report on all accepted provisions. The reports arrived between 31 March 2004 and 12 May 2005. Luxembourg did not present a report.

3.         The European Committee of Social Rights adopted its Conclusions XVII-2 in December 2004 for the following states: Denmark, Germany, Hungary, Latvia, Malta, Poland, Portugal, Spain and Turkey and in May 2005 for the following States: Austria, Belgium, Czech Republic, Finland, Greece, Iceland, the Netherlands (Kingdom in Europe, the Netherlands Antilles and Aruba) and the United Kingdom. Conclusions XVII-2 are available on www.coe.int/T/E/Human_Rights/Esc.

4.         The Governmental Committee adopted its abridged report and transmitted it to the Committee of Ministers in December 2005. It appears in document CM(2006)10. The detailed report is available on www.coe.int/T/E/Human_Rights/Esc.

5.         After examining Conclusions XVII-2, the Governmental Committee does not propose that the Committee of Ministers adopts a Recommendation to any of the states concerned with regard to the articles in question. The draft Resolution appears in Appendix I to these Notes on the Agenda.

b.         Abridged report concerning Conclusions 2005 of the European Social Charter (revised)

6.         Conclusions 2005 of the European Social Charter (revised) concern the following states: Bulgaria, Cyprus, Estonia, France, Ireland, Italy, Lithuania, Moldova, Norway, Romania, Slovenia and Sweden.

7.         States were required to submit reports on the following provisions of the European Social Charter (revised) by 31 March 2004: Articles 8, 11, 14, 17, 18, 23, 25, 27, 30 and 31 covering the reference period 2001-2002. The reports arrived between 24 March 2004 and 6 December 2004. Ireland and Italy did not present a report.

8.         The European Committee of Social Rights adopted its Conclusions 2005 in December 2005 for the following states: Estonia, France, Lithuania, Romania, Slovenia and Sweden, and in May 2005 for the following states: Bulgaria, Cyprus and Norway. The Conclusions 2005 are available on www.coe.int/T/E/Human_Rights/Esc.

9.         The Governmental Committee adopted its abridged report and transmitted it to the Committee of Ministers in December 2005. It appears in document CM(2006)11. The detailed report is available on www.coe.int/T/E/Human_Rights/Esc.

10.        Having examined Conclusions 2005, the Governmental Committee does not propose that the Committee of Ministers adopts a Recommendation to any of the states concerned with regard to the articles in question. The draft Resolution appears in Appendix II to these Notes on the Agenda.

Financing assured: YES

DRAFT DECISIONS

957th meeting – 1 March 2006

Item 4.2a

European Social Charter - Governmental Committee of the European Social Charter

a.         Abridged report concerning Conclusions XVII-2 of the European Social Charter

(CM(2006)10)

Decision

In accordance with Article 29 of the European Social Charter and the decision adopted by the Committee of Ministers at the 541st meeting of the Deputies (June 1995, item 4.6), the Deputies, representatives of the Contracting Parties to the European Social Charter or the revised Charter in the Committee of Ministers,[2] on the basis of the abridged report of the Governmental Committee of the European Social Charter concerning Conclusions XVII-2 (CM(2006)10), adopted Resolution ResChS(2006)... on the application of the European Social Charter during the period 2001-2002 (17th supervision cycle – second part) as it appears at Appendix ... to the present volume of Decisions <cf. Appendix I to the present Notes>.

957th meeting – 1 March 2006

Item 4.2b

European Social Charter - Governmental Committee of the European Social Charter

b.         Abridged report concerning Conclusions 2005 of the European Social Charter (revised)

(CM(2006)11)

Decision

In accordance with Article 29 of the European Social Charter and the decision adopted by the Committee of Ministers at the 541st meeting of the Deputies (June 1995, item 4.6), the Deputies, representatives of the Contracting Parties to the European Social Charter or the revised Charter in the Committee of Ministers,² on the basis of the abridged report of the Governmental Committee concerning Conclusions 2005 (European Social Charter (revised)) (CM(2006)11) adopted Resolution ResChS(2006)... on the application of the European Social Charter (revised) during the period 2001-2002 (Conclusions 2005) as it appears at Appendix ... to the present volume of Decisions <cf. Appendix II to the present Notes>.

Appendix I

Resolution ResChS(2006)…

on the implementation of the European Social Charter during the period 2001-2002
(seventeenth supervision cycle – second part, “non-hard core” provisions of the Charter)

(Adopted by the Committee of Ministers on ....

at the .... meeting of the Ministers' Deputies)

The Committee of Ministers,[3]

Referring to the European Social Charter, in particular to the provisions of Part IV thereof;

Having regard to Article 29 of the Charter;

Considering the reports on the European Social Charter submitted by the Governments of Austria, Belgium, Czech Republic, Denmark, Finland, Germany, Greece, Hungary, Iceland, Latvia, Malta, the Netherlands (Kingdom in Europe, the Netherlands Antilles  and Aruba), Poland, Portugal, Spain, Turkey and the United Kingdom (concerning period of reference 2001 - 2002);

Considering Conclusions XVII-2 of the European Committee of Social Rights appointed under Article 25 of the Charter;

Following the proposal made by the Governmental Committee established under Article 27 of the Charter,

Recommends that governments take account, in an appropriate manner, of all the various observations made in the Conclusions XVII-2 of the European Committee of Social Rights and the report of the Governmental Committee.

Appendix II

Resolution ResChS(2006)…

on the implementation of the European Social Charter (revised) during the period 2001-2002

(“non-hard core” provisions)

(Adopted by the Committee of Ministers on ....

at the .... meeting of the Ministers' Deputies)

The Committee of Ministers,[4]

Referring to the European Social Charter (revised), in particular to the provisions of Part IV thereof;

Having regard to Article 29 of the Charter;

Considering the reports on the European Social Charter (revised) submitted by the Governments of Bulgaria, Cyprus, Estonia, France, Lithuania, Moldova, Norway, Romania, Slovenia and Sweden (concerning period of reference 2001-2002)[5];

Considering Conclusions 2005 of the European Committee of Social Rights appointed under Article 25 of the Charter;

Following the proposal made by the Governmental Committee established under Article 27 of the Charter,

Recommends that governments take account, in an appropriate manner, of all the various observations made in the Conclusions 2005 of the European Committee of Social Rights and in the report of the Governmental Committee.