Nadradený pojem:
The Union acquis (Principle 19)
Description
a) The Charter of Fundamental Rights of the European Union
Article 34(3) of the Charter affirms recognition and respect of the right, inter alia, to housing assistance to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices.
b) The legislative powers and their limits
According to Article 153 (2) of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to adopt measures to support and complement the activities of the Member States in the fields of social security and social protection of workers, combating social exclusion and the modernisation of social protection systems. Pursuant to Article 156 TFEU, the Commission is tasked to encourage cooperation between the Member States and facilitate coordination of their action in all social policy fields in Title X of the TFEU.
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.
c) Existing measures
Commission Recommendation 2008/867/EC on the active inclusion of people excluded from the labour market (134) lays down that Member States should provide services that are essential for supporting social inclusion policies, such as housing support and social housing. Commission Recommendation 2013/112/EU on investing in children: breaking the cycle of disadvantage(135) addresses the housing and living conditions of poor children. The Union Framework for National Roma Integration Strategies(136) recognises housing as a key area of intervention for the inclusion of disadvantaged Roma people. The UN Convention on the Rights of Persons with Disabilities recognises the right to an adequate standard of living for people with disabilities and their families, including adequate housing, and to access to public housing programmes. The Convention also calls for its parties to take appropriate measures to ensure accessibility of housing.
As regards access to shelter, Union legislation lays down specific protection for particularly vulnerable people such as unaccompanied children, asylum-seekers and refugees. Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime(137) provides for the provision of shelter or any other appropriate interim accommodation.
Article 34(3) of the Charter affirms recognition and respect of the right, inter alia, to housing assistance to ensure a decent existence for all those who lack sufficient resources, in accordance with the rules laid down by Union law and national laws and practices.
b) The legislative powers and their limits
According to Article 153 (2) of the Treaty on the Functioning of the European Union (TFEU), the Union is empowered to adopt measures to support and complement the activities of the Member States in the fields of social security and social protection of workers, combating social exclusion and the modernisation of social protection systems. Pursuant to Article 156 TFEU, the Commission is tasked to encourage cooperation between the Member States and facilitate coordination of their action in all social policy fields in Title X of the TFEU.
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.
c) Existing measures
Commission Recommendation 2008/867/EC on the active inclusion of people excluded from the labour market (134) lays down that Member States should provide services that are essential for supporting social inclusion policies, such as housing support and social housing. Commission Recommendation 2013/112/EU on investing in children: breaking the cycle of disadvantage(135) addresses the housing and living conditions of poor children. The Union Framework for National Roma Integration Strategies(136) recognises housing as a key area of intervention for the inclusion of disadvantaged Roma people. The UN Convention on the Rights of Persons with Disabilities recognises the right to an adequate standard of living for people with disabilities and their families, including adequate housing, and to access to public housing programmes. The Convention also calls for its parties to take appropriate measures to ensure accessibility of housing.
As regards access to shelter, Union legislation lays down specific protection for particularly vulnerable people such as unaccompanied children, asylum-seekers and refugees. Directive 2012/29/EU of the European Parliament and of the Council establishing minimum standards on the rights, support and protection of victims of crime(137) provides for the provision of shelter or any other appropriate interim accommodation.
Importance
High
Additional information
(134) OJ L307, 18.11.2008, p.11.
(135) Commission Recommendation 2013/112/EU of 20 February 2013 Investing in children: breaking the cycle of disadvantage OJ L 59, 2.3.2013, p. 5–16
(136) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, An EU Framework for National Roma Integration Strategies up to 2020 , COM/2011/0173 final.
(137) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57.
(135) Commission Recommendation 2013/112/EU of 20 February 2013 Investing in children: breaking the cycle of disadvantage OJ L 59, 2.3.2013, p. 5–16
(136) Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, An EU Framework for National Roma Integration Strategies up to 2020 , COM/2011/0173 final.
(137) Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA, OJ L 315, 14.11.2012, p. 57.