Depuis 1958, le droit social communautaire se forge. Mais avec la réalisation du grand marché intérieur en 1992 se trouve posées de nouvelles problématiques sociales qui peuvent être rapprochées de celles qui résulteront de l'ouverture économique entre les USA et le Canada avec l'Accord de libre-échange. Elles s'articulent autour de la nécessaire mobilité des travailleurs et de la recherche d'un statut social pour le travailleur communautaire.
Social communal rights have been forging since 1958. New social problematics concerning the 1992 Common Market which can be compared from those resulting from the Free Trade Agreement between the U.S.A. and Canada are being questioned. These concerns focus on the necessity of workers mobility and their pursuit for a social status.
I. The workers mobility should be increased to permit growth of economie trade and competitivity. The "liberty of circulation" principle for workers is based on community standards which permit and assure wage earners personal and family rights and of its protection. But the new stake is one of qualifications; so it is therefore necessary to acknowledge qualifications to increase the workers mobility; this can only be achieved through a true European negotiation, and in all professional branches.
Without of such a negotiation, European groups would form their own mobility rules.
II. The social status of European workers represents the genuine challenge for social Europe. Directives of key subjects on the economie (economie layoffs, company transfers) or social evolutions (equality M/W) have already been elaborated. Through the unique European Act, elaboration of restrictive norms in matters of hygiene and security and also by implementing a base for directive principles, a new movement model appears.
1. Regarding wage earners health and safety, technical and main directives have been issued, but the effectiveness of a true health protection community policy for workers is very difficult to control.
2. The recognition of fundamental social rights has been acquired since 1989 through adoption of the Charter, but its impact remains disputed: So the manifestation of social Europe depends either on the Commission's actions or on the development of a European negotiation.
Standards that are susceptible of being harmonized are very delicate at the Commission's level (example: salary matters, precarious labour contracts). With a lack of institutional setting and adapted structures, European negotiation does not exist.
Only a "social dialogue" would permit a concerted effort of social partners. Normative construction is therefore considerable and at the same time limited; it would seem that if a social European space exists, social Europe is not yet built.
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