The Union acquis (Principle 13)
Description
a) The Charter of Fundamental Rights of the European Union
Article 29 of the Charter guarantees everyone the right of access to a free placement service. Article 34 of the Charter affirms respect for the entitlement to social security benefits and social services providing protection inter alia in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices. It recognises the entitlement to social security and social assistance for everyone residing and moving legally within the European Union in accordance with Union law and national laws and practices.
b) The legislative powers and their limits
Article 147 of the Treaty on the Functioning of the European Union (TFEU) provides that the European Union shall contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. According to Article 153(2) TFEU, the Union is empowered to adopt measures inter alia in the field of the integration of persons excluded from the labour market. These measures can include directives setting minimum requirements. Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right of Member States to define the fundamental principles of their social security system and must not significantly affect the financial equilibrium thereof. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.
c) Existing measures
Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems(103) provides the right to retain the entitlement to unemployment benefits in cash for a period of up to three months, with a possibility of extension up to six months, for a wholly unemployed person who satisfies the conditions for entitlement to unemployment benefits and who goes to another Member State to seek work.
Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (104) calls for an integrated comprehensive strategy for the active inclusion of people excluded from the labour market, combining adequate income support, inclusive labour markets and access to quality services.
The European Network of Public Employment Services (PES) established through the Decision No 573/2014/EU(105) of the European Parliament and Council, provides a platform to compare PES performance at European level, identify good practice and foster mutual learning in order to strengthen the active support services.
Article 29 of the Charter guarantees everyone the right of access to a free placement service. Article 34 of the Charter affirms respect for the entitlement to social security benefits and social services providing protection inter alia in the case of loss of employment, in accordance with the rules laid down by Union law and national laws and practices. It recognises the entitlement to social security and social assistance for everyone residing and moving legally within the European Union in accordance with Union law and national laws and practices.
b) The legislative powers and their limits
Article 147 of the Treaty on the Functioning of the European Union (TFEU) provides that the European Union shall contribute to a high level of employment by encouraging cooperation between Member States and by supporting and, if necessary, complementing their action. According to Article 153(2) TFEU, the Union is empowered to adopt measures inter alia in the field of the integration of persons excluded from the labour market. These measures can include directives setting minimum requirements. Article 153(4) provides that provisions adopted pursuant to Article 153 TFEU shall not affect the right of Member States to define the fundamental principles of their social security system and must not significantly affect the financial equilibrium thereof. Directives adopted on the basis of Article 153 TFEU shall avoid imposing administrative, financial and legal constraints in a way which would hold back the creation and development of small and medium-sized undertakings.
c) Existing measures
Regulation (EC) No 883/2004 of the European Parliament and of the Council on the coordination of social security systems(103) provides the right to retain the entitlement to unemployment benefits in cash for a period of up to three months, with a possibility of extension up to six months, for a wholly unemployed person who satisfies the conditions for entitlement to unemployment benefits and who goes to another Member State to seek work.
Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market (104) calls for an integrated comprehensive strategy for the active inclusion of people excluded from the labour market, combining adequate income support, inclusive labour markets and access to quality services.
The European Network of Public Employment Services (PES) established through the Decision No 573/2014/EU(105) of the European Parliament and Council, provides a platform to compare PES performance at European level, identify good practice and foster mutual learning in order to strengthen the active support services.
Importance
High
Additional information
(103) Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems OJ L 166, 30.4.2004, p.1.
(104) Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market, OJ L 307, 18.11.2008, p. 11.
(105) http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.159.01.0032.01.ENG
(104) Commission Recommendation of 3 October 2008 on the active inclusion of people excluded from the labour market, OJ L 307, 18.11.2008, p. 11.
(105) http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=uriserv:OJ.L_.2014.159.01.0032.01.ENG