Ministers’ Deputies
Notes on the Agenda

CM/Notes/1081/4.5 23 March 20101
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1081 Meeting, 31 March 2010
4 Human Rights


4.5 European Social Charter –

Governmental Committee of the European Social Charter
a. Abridged report concerning Conclusions XIX-1 (2008) of the European Social Charter

b. Abridged report concerning Conclusions 2008 of the European Social Charter (revised)

Item prepared by the GR-H at its meeting on 23 March 2010

Reference documents
CM/(2010)23, CM(2010)24

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Action – item proposed for adoption without debate

The Deputies, representatives of Contracting Parties to the Charter or the revised Charter, are invited to adopt:

a. the draft Resolution closing supervision cycle XIX-1 (2008) on the application of the European Social Charter (2005-2006 – provisions related to employment, training and equal opportunities);

b. the draft Resolution closing supervision cycle 2008 on the application of the European Social Charter (revised) (2005-2006 – provisions related to employment, training and equal opportunities).

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 XIX-1 (2008) of the European Social Charter

1. The Conclusions XIX-I (2008) concerns the following states: Austria, Croatia, the Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Latvia, Luxembourg, the Netherlands (Netherlands Antilles, Aruba), Poland, the Slovak Republic, Spain, “the former Yugoslav Republic of Macedonia”, Turkey and the United Kingdom.

2. States were required to submit reports on the following provisions of the Charter by 31 October 2007: Articles 1, 9, 10, 15, 18 of the Charter and Article 4 of the 1988 Additional Protocol covering the reference period 2005-2006. The reports arrived between October 2007 and June 2008.

3. Conclusions XIX-1 (2008) of the European Committee of Social Rights were adopted in October 2008 (Austria, Croatia, the Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Latvia, the Netherlands (Netherlands Antilles, Aruba), Poland, the Slovak Republic, Spain, “the former Yugoslav Republic of Macedonia”, Turkey and the United Kingdom). Conclusions XIX-1 (2008) are available on www.coe.int/socialcharter.

4. The Governmental Committee adopted its abridged report and transmitted it to the Committee of Ministers in February 2010. It appears in document CM(2010)23. The detailed report is available on www.coe.int/socialcharter.

5. Having examined the Conclusions XIX-1 (2008), the Governmental Committee proposed to the Committee of Ministers to adopt the Resolution on the implementation of the Charter during the period 2005-2006. It does not propose to the Committee of Ministers to address a Recommendation to any of the states concerned with regard to the articles in question.

6. The draft Resolution appears in Appendix I to these Notes on the Agenda.

b. Abridged report concerning Conclusions 2008 of the European Social Charter (revised)

7. Conclusions 2008 of the European Social Charter (revised) concern the following states: Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Ireland, Italy, Lithuania, Malta, Moldova, the Netherlands (Kingdom in Europe), Norway, Portugal, Romania, Slovenia and Sweden.

8. States were required to submit reports on the following provisions of the European Social Charter (revised) by 31 October 2007: Articles 1, 9, 10, 15, 18, 20, 24 and 25 covering the reference period 2005-2006. The reports arrived between October 2007 and October 2008. No report was submitted by Ireland.

9. Conclusions 2008 of the European Committee of Social Rights were adopted in October and December 2008 (Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Italy, Lithuania, Malta, Moldova, the Netherlands (Kingdom in Europe), Norway, Portugal, Romania, Slovenia and Sweden); without adoption of conclusions relating to Ireland. The Conclusions 2008 are available on www.coe.int/socialcharter.

10. The Governmental Committee adopted its abridged report and transmitted it to the Committee of Ministers in February 2010. It appears in document CM(2010)24. The detailed report is available on www.coe.int/socialcharter.

11. Having examined the Conclusions 2008, the Governmental Committee proposed to the Committee of Ministers to adopt the Resolution on the implementation of the Revised Charter during the period 2005-2006: It does not propose to the Committee of Ministers to address a Recommendation to any of the states concerned with regard to the articles in question.

12. The draft Resolution appears at Appendix II to these Notes on the Agenda.

Financing assured: YES

DRAFT DECISIONS

1081st meeting – 31 March 2010

Item 4.5a

European Social Charter – Governmental Committee of the European Social Charter

a. Abridged report concerning Conclusions XIX-1 (2008) of the European Social Charter
(CM(2010)23)

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 to 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 XIX-1 (2008) (CM(2010)23), adopted Resolution CM/ResChS(2010)... on the application of the European Social Charter during the period 2005-2006 (Conclusions XIX-1 (2008), provisions related to employment, training and equal opportunities) as it appears at Appendix … to the present volume of Decisions <<cf. Appendix I to the present Notes>>.

1081st meeting – 31 March 2010

Item 4.5b

European Social Charter –Governmental Committee of the European Social Charter

b. Abridged report concerning Conclusions 2008 of the European Social Charter (revised)
(CM(2010)24)

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 to the Revised Charter in the Committee of Ministers,2 on the basis of the abridged report of the Governmental Committee concerning Conclusions 2008 (European Social Charter (revised)) (CM(2010)24), adopted Resolution CM/ResChS(2010)… on the application of the European Social Charter (revised) during the period 2005-2006 (Conclusions 2008, provisions related to employment, training and equal opportunities), as it appears at Appendix … to the present volume of Decisions; <<cf. Appendix II to the present Notes>>.

* * *

Appendix I

Resolution CM/ResChS(2010)...
on the implementation of the European Social Charter during the period 2005-2006
(Conclusions XIX-1 (2008), provisions related to employment, training and equal opportunities)

(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, Croatia, Czech Republic, Denmark, Germany, Greece, Hungary, Iceland, Latvia, Luxembourg, Netherlands (Netherlands Antilles, Aruba), Poland, Slovakia, Spain, “the former Yugoslav Republic of Macedonia”, Turkey and the United Kingdom (concerning the reference period 2005-2006);

Considering Conclusions XIX-1 (2008) 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 Conclusions XIX-1 (2008) of the European Committee of Social Rights and in the report of the Governmental Committee.

* * *

Appendix II

Resolution CM/ResChS(2010)...
on the implementation of the European Social Charter (revised) during the period 2005-2006
(Conclusions 2008, provisions related to employment, training and equal opportunities)

(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 (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 Albania, Andorra, Armenia, Azerbaijan, Belgium, Bulgaria, Cyprus, Estonia, Finland, France, Georgia, Italy, Lithuania, Malta, Moldova, Netherlands (Kingdom in Europe), Norway, Portugal, Romania, Slovenia and Sweden (concerning the reference period 2005-2006); with the exception of Ireland, which did not submit a report;

Considering the Conclusions 2008 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 2008 of the European Committee of Social Rights and in the report of the Governmental Committee.

1 This document has been 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.

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, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.

3 At the 492nd meeting of Ministers' Deputies in April 1993, the Deputies "agreed unanimously to the introduction of the rule whereby only representatives of those states which have ratified the Charter vote in the Committee of Ministers when the latter acts as a control organ of the application of the Charter". The states having ratified the European Social Charter or the European Social Charter (revised) are: 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, Russian Federation, Serbia, Slovak Republic, Slovenia, Spain, Sweden, “the former Yugoslav Republic of Macedonia”, Turkey, Ukraine and United Kingdom.


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