Wednesday, May 22nd
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Defense of economic and social rights
Conference : June 21, 2013 Berlin
Within the context of international social solidarity justice plays an important emancipatory role. The conference will discuss this role. Individual civic, economic, social and cultural rights must be preserved and protected. If need be, the judiciary system has to ensure that the citizens can enjoy these rights when globalisation and lowering standards endanger their implementation.
On the site of VER.DI (In German)
1.
The financial and economic crisis that since 2008 has been affecting Europe, has forced many European countries to seek financial assistance from international institutions such as the European Commission, the European Central Bank or the International Monetary Fund. These institutions have imposed a series of austerity measures that the countries assisted must implement, many of which are directed to the reduction of public expenditure. In accordance to those demands, many States like Greece, Portugal and Spain have implemented severe reductions in the budget of public services. However, those States did not properly consider the specific situation of the public service of justice and of judges and prosecutors, and the fact that the functions of the latter are essential to the guarantee of the rights and liberties of citizens specially in this situation in which the most essential rights are being put in risk. At the same time, those governments that refuse to accept the specific functions of judges and prosecutors, granted numerous exceptions to high public servants of central banks and regulators, arguing that due to their independence, they could not be affected by the same cuts.
It is in moments of crisis that citizens need the most an independent and reinforced power, to which they can appeal to discuss and defend all their rights.
Therefore, the magistrates associations have the duty to defend not only the independence but also the image of the independence of the judicial power, as well as to ensure the respect for the existing laws that protect it.
2. This question has already been analysed by the European Parliament, in the working document "on the situation of Fundamental Rights: standards and practices in Hungary" presented in September 2012 to the Committee on Civil Liberties, Justice and Home Affairs. It is clearly said in that report: "any doubts in the independence and impartiality of judges based on systematical flaws in the Constitution and national laws could have a significant impact on the on-going cooperation in the common area on freedom, security and justice based on the principle of mutual recognition as enshrined in Articles 81 TFEU (civil matters) and 82 TFEU (criminal matters). (...) Therefore, any problems with the appearance of the independence and impartiality of judges would endanger the whole existing structure based on mutual trust. At the same time any cross-border issue when implementing EU law could trigger directly Article 47(2) of the Charter in connection with Article 52(3) of the Charter on the harmonious understanding of rights guaranteed also by the ECHR".
3. The 8th of October, the Italian Constitutional Court has decided (in case 223/2012) that the cuts of salaries of judges and prosecutors are unconstitutional, stressing in its decision the clear difference between them and any other public servants. The Court said, inter alia, that the "relationship between the State and the magistrates, as a separate body within the State, cannot be reduced to a mere labour relation, where the contractor / beneficiary of the work force is at the same time regulator of that relation" and that one of the dimensions of the principle of independence of the judiciary – as stated in the Constitution – is the guarantee of economic independence and stability of judges and prosecutors, that "cannot be subjected to systematic and periodic negotiations and conflicts with the others powers of the State", situation that would create the general idea of the legislative and executive power's dominance over the judicial power.
The decision of the Italian Constitutional Court brings the discussion to its core aspect – the relations between the different powers of the State and the independence of the judiciary. And by doing so, it points to the fact that the States that have already cut the salaries of judges and prosecutors are acting against EU Law.
4. Article 47 of the Charter of Fundamental Rights of the European Union grants to all EU citizens the right to a fair hearing by an independent and impartial tribunal. As the Italian Constitutional Court stressed, the cuts carried out by some States (and that other States presumably also prepare to enforce) are an illegitimate interference in the judicial power by the legislative and executive powers, minimizing the role of judges and prosecutors, not considering the special role they play in society and in the structure of the State.
5. Article 53 of the CFREU establishes a "maximum standard" clause – if one of the Member States grants to its citizens a determined fundamental right, all the other European citizens must expect that right to be also granted to them. Therefore, the Italian Constitutional Court decision grants to all European citizens the right to have a judicial power that is not subject to interferences in the economic aspect of the independence of judges and prosecutors by the other powers of the State.
6. In conclusion, the measures implemented by European States that have severely reduced the budget of the public service of justice, including the salaries of judges and prosecutors directly affect the principle of independence the judiciary and are therefore contrary to EU Law.
According to the EU Treaty, it is the role of the European Commission to protect and defend EU Law and prevent Member States of breaking it. The European Parliament, on the other hand, must control the activity of the Commission.
Based on the above mentioned, the CA of MEDEL, in this situation of crisis in which the fundamental rights are put in question by the destruction of public services:
- restates the special role of fundamental rights in the construction of European Union and the specific mission of the judicial power in protecting those rights;
- recalls that the independence of the judicial power as essential principle of the Rule of Law and also directly protects the fundamental rights of the citizens;
- decides to mandate the Bureau:
i. to present a formal complaint in the European Commission, based on the breach of EU Law, against the Member States that have adopted measures severely reducing the budget of the public service of justice to an extent that the proper functioning of the judicial system is endangered, including the economic statute of judges and prosecutors, disregarding the minimum standard of their remuneration;
- present a report to the European Parliament, denouncing the breach of EU Law by those same States.
Bucharest, 10/11/2012.
VILAMOURA MANIFESTO
1. Medel's ambition is inspired by a civil society model: the principle goals of this association are to defend the independence of the judiciary power both with respect to any other power and to any particular interest, to ensure an unconditional respect for the values of democracy and the Rule of Law, to defend minority rights and divergent groups in perspective of social emancipation of the weakest.
Defend the independence of justice for the equality of citizens before the law.
2. The effectiveness of these rights depends on the people and institutions responsible for their application.
It is the role of the judiciary in particular to ensure fundamental rights and to prosecute criminal activity. In a crisis, the action of the administrative and financial courts is essential to ensure the legality and regularity of public resource allocation.
Brussels, December 9-10th, 2010
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Program
Paper of Antonio Cluny : what has been happening around the financial measures decreed by states and imposed by the EU financial orthodoxy on the expenditure with salaries and social rights envisaged in European treaties, in national Constitutions and laws, cannot be seen in any other way than as a radical rupture of rather evident principles and concepts within the legal order in existence until today.
Labor law, the fight against discrimination, new forms of labor relations, the role of unions, the flexibility and challenges of law, the appearance of a massive subcontracting...
All these topics were treated during two days of "Labor law in the XXI century", held in Palma de Mallorca, 22 and 23 January 2009.
Medel has responded to the consultation about the Green Book Modernising labour law to meet the challenges of the 21Green Book Modernising labour law to meet the challenges of the 21st century with a critical text.
Medel's response draws attention to a context in which the Green Book is proposed for reflexion. It criticizes the philosophy of the Commission's project: the modernization of the Labour law can not be limited to the issue of employment and even less to the question of “Flexisecurity”.
It demonstrates that other approaches are possible by providing concrete examples. The responses to the questions of the Commission often betray the often deceitful character of their formulation.
Medel's comments namely make reference to the report " Beyond Employment", facilitated by Mr. Supiot and presented to the Commission in 1999. They also draw on the works of the Council of Europe, which have brought to light the dangers of Flexisecurity for social cohesion.
Barcelona conference on the future of labour law (november 8 and 9th, 2007)
Medel took the initiative of a Seminar in Florence (IT), on the Draft Green Book pertaining to the Acquis Communautaire in the area of consumer law on March 31st, 2007.
Today, more than ever, to confront insecurities in a more realistic manner, means to tackle the factors of social disassociation that are at the root of civil insecurity, as well as social insecurity.
This was the subject of a symposium held in Lisbon in January 2002, on the topic: "The Right of Employment in Europe in a Time of Globalization and the Information Society"
Texts of the colloquium :