Ministers’ Deputies

Notes on the Agenda

CM/Notes/1073/4.6 20 November 20091
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1073 Meeting, 9 December 2009
4 Human rights


4.6 European Social Charter –

Collective Complaint No. 50/2008 by the Confédération française démocratique du travail (CFDT) against France

Reference document
Report from the European Committee of Social Rights to the Committee of Ministers

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Action

To examine, with a view to its adoption, the appended draft Resolution.

1. In application of Article 7 of the Protocol providing for a system of collective complaints, the European Committee of Social Rights transmitted to the Committee of Ministers on 29 September 2009 its report on complaint No. 50/2008, Confédération française démocratique du travail (CFDT) v. France, containing its decision on the merits of the complaint.

2. By letter of 13 October 2009, the Chair of the Deputies transmitted the report of the European Committee of Social Rights to the representatives of the Contracting Parties to the Charter and the Revised Charter.

3. Appendix I of these Notes contains information on the collective complaints procedure.

4. The complainant organisation, CFDT, is a national trade union.

5. The complainant organisation alleged alleges violations of Articles 4, 18 and 19 of the revised European Social Charter, read alone or in conjunction with Article E, on the ground that the situation of the civilian staff of the French forces stationed in Germany integrated into the French civil service following the dissolution of these forces is discriminatory because the services they performed in Germany cannot be validated in the same way as they would have been had they been performed in France.

6. In its decision, the European Committee of Social Rights concluded:

    by 12 votes to 2 that there is no violation of Article E read in conjunction with Articles 4, 12, 18 and 19.

7. The Deputies are invited to adopt the appended draft Resolution (Appendix II).

Financing assured: YES

* * *

DRAFT DECISION

1073rd meeting – 9 December 2009

Item 4.6

European Social Charter –
Collective Complaint No. 50/2008 by the Confédération française démocratique du travail (CFDT) against France
(Report from the European Committee of Social Rights to the Committee of Ministers)

Decision

In conformity with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints, the Deputies in their composition restricted to the Representatives of the Contracting Parties to the European Social Charter or to the Revised European Social Charter in the Committee of Ministers,2 adopt Resolution No. CM/ResChS(2009)… as it appears in Appendix .. to the present volume of Decisions. <see Appendix II to the present Notes>

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Appendix I

States participating in the procedure

1. Under the terms of the Protocol, only those states having ratified the European Social Charter are qualified to participate in this procedure. In the circumstances, the term “Social Charter” should be interpreted as the 1961 Charter and the 1996 Revised Charter. The following States would therefore be concerned (as of 1 December 2009): Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and the United Kingdom.

Procedure

2. According to Article 9 of the Protocol:

    “1. On the basis of the report of the [European Committee of Social Rights], the Committee of Ministers shall adopt a resolution by a majority of those voting. If the [European Committee of Social Rights] finds that the Charter has not been applied in a satisfactory manner, the Committee of Ministers shall adopt, by a majority of two-thirds of those voting, a recommendation addressed to the Contracting Party concerned. In both cases, entitlement to voting shall be limited to the Contracting Parties to the Charter.

    2. At the request of the Contracting Party concerned, the Committee of Ministers may decide, where the report of the [European Committee of Social Rights] raises new issues, by a two-thirds majority of the Contracting Parties to the Charter, to consult the Governmental Committee”.

3. It follows from this provision that the collective complaints procedure ends by the adoption of a resolution.

4. However, in the case where non-satisfactory application of the Charter has been found, the Committee of Ministers may adopt a recommendation by a majority of two-thirds of those voting. The aim is to recommend to the state concerned the measures to be taken with a view to bringing the situation into conformity with the Charter.

5. In accordance with Article 10 of the Protocol, the European Committee of Social Rights shall examine the situation again within the framework of the reporting system. The Contracting Parties shall, in their next reports, provide information on the measures taken to give effect to the Committee of Ministers’ recommendation.

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Appendix II

Drat Resolution CM/ResChS(2009)…
Collective complaint No. 50/2008
by the Confédération française démocratique du travail (CFDT) against France

(Adopted by the Committee of Ministers on … 2009
at the …th meeting of the Ministers' Deputies)

The Committee of Ministers,3

Having regard to Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints;

Taking into consideration the complaint lodged on 1st April 2008 by the Confédération française démocratique du travail (CFDT) against France,

Having regard to the report transmitted by the European Committee of Social Rights, in which the European Committee of Social Rights concluded by 12 votes to 2 that there is no violation of Article E read in conjunction with Articles 4, 12, 18 and 19 of the Revised Charter,

Takes note of the report.

Note 1 This document was classified restricted at the date of issue; it will be declassified in accordance with Resolution Res(2001)6 on access to Council of Europe documents.
Note 2 Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.
Note 3 In accordance with Article 9 of the Additional Protocol to the European Social Charter providing for a system of collective complaints the following Contracting Parties to the European Social Charter or the revised European Social Charter have participated in the vote: Albania, Andorra, Armenia, Austria, Azerbaijan, Belgium, Bosnia and Herzegovina, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Georgia, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, Moldova, Netherlands, Norway, Poland, Portugal, Romania, Russia, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.


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