eu network of independent experts on fundamental rights (cfr-cdf)

48EU NETWORK OF INDEPENDANT EXPERTS ON FUNDAMENTAL RIGHTSTo ensure a minimal level <strong>of</strong> protection <strong>of</strong> the right guaranteed in Article 15 <strong>of</strong> the EUCharter <strong>of</strong> Fundamental Rights throughout the Union, all Member States are encouraged toaccept to be bound by Article 1(2) in the framework <strong>of</strong> their undertakings under the EuropeanSocial Charter, or to explain their reasons for not doing so and examine whether theseexplanations are still valid.Areas <strong>of</strong> concernUpon examination <strong>of</strong> the reports submitted by its members on the situation <strong>of</strong> fundamentalrights in the 25 Member States <strong>of</strong> the Union and on the activities <strong>of</strong> the institutions <strong>of</strong> theUnion, the EU Network <strong>of</strong> Independent Experts on Fundamental Rights concludes that thefollowing situations should be the source <strong>of</strong> particular concern to the institutions <strong>of</strong> the Union:In 2002, in its conclusions relating to the United Kingdom and to Belgium, theEuropean Committee on Social Rights considered that sanctions imposed uponunemployed persons for refusing to take up certain employment that does notcorrespond to their educational qualifications would be in violation <strong>of</strong> Article 1(2) <strong>of</strong>the European Social Charter (Concl. XVI-1 (2002), p. 11 and p. 98). The Networkconsiders that the Decree <strong>of</strong> 4 June 2003 on the Flemish policy <strong>of</strong> integration by work(M.B., 30 June 2003) adopted in Belgium by the Flemish Region should be carefullyevaluated in the light <strong>of</strong> these conclusions and the interpretation they <strong>of</strong>fer <strong>of</strong> Article1(2) <strong>of</strong> the European Social Charter. Indeed, if this decree organizes for the benefit <strong>of</strong>“long-term immigrants” (residing since a long period in Belgium) and “newly arrivedin Belgium” (with the exception <strong>of</strong> EU citizens) who have insufficient knowledge <strong>of</strong>Dutch or a weak socio-economic position, a specific training and accompanyingmeasures, in the form <strong>of</strong> a “integration by work” programme, with a view <strong>of</strong> obtaininga durable employment, the person concerned who refuses to take part in theprogramme <strong>of</strong> integration by “appropriate employment” or whose negative attitudeleads to the interruption <strong>of</strong> the programme, may be sanctioned, as this information willbe transmitted to the competent service for the allocation <strong>of</strong> unemployment benefits or<strong>of</strong> social integration income. This tendency to “activate” social benefits to encourageparticipation in the labor market is widespread. In Poland however, the amendment tothe Law <strong>of</strong> 20 December 2002 on employment and the fight against unemployment,which came into force on 6 February 2003, imposes on the State the duty to supportpersons who remain unemployed not only by means <strong>of</strong> unemployment benefits butalso by directing certain persons to intervention. However any person, who for noapparent reason refuses to participate in intervention works or public works, loses thestatus <strong>of</strong> an unemployed person for six months (Dz.U. z 2003 r. nr 6, poz. 65 [TheOfficial Journal <strong>of</strong> 2003, No. 6 item 65]). In Austria also, the criteria for a “reasonablejob” may soon be tightened following a basic agreement <strong>of</strong> the social partnerspresented to the Government this year. The period in which the unemployed personhas the right not to accept an <strong>of</strong>fered job which is different from the one last practisedshall be reduced from one year to the first 100 days <strong>of</strong> unemployment. After thatperiod the refusal to take up an employment that the placement service considers to beadequate regularly entails cut backs <strong>of</strong> unemployment benefits. In the SlovakRepublic, according to the Employment Act, the right to unemployment benefitsdepends on the co-operation with the Labour Office and the acceptance <strong>of</strong> the <strong>of</strong>feredemployment or training courses. The failure <strong>of</strong> the job seeker to satisfy aforesaidrequirements may result into the loss <strong>of</strong> unemployment benefits. Apart from thequestion <strong>of</strong> the compatibility <strong>of</strong> this system with Article 1(2) <strong>of</strong> the European SocialCharter, this leads to a risk <strong>of</strong> abuse : according to certain reports, some employers inthe Slovak Republic request payments for their written confirmation that th<strong>eu</strong>nemployed person has visited their premises and asked for a job. The Networkencourages the public authorities to take initiatives to eliminate these practices.CFR-CDF.Conclusions.2003.en