Treaty of Lisbon reinforces the EU’s social and human rights goals

Under the Treaty of Lisbon the European Union has to give an increasing focus to the values and aims of social protection and human rights. The treaty has strengthened the EU's decision making capacity and increased democracy and the transparency of decision making. "Social policy, health care and public service policy lines are still carried out nationally, but over time the impact on them has multiplied," says Merja Huovinen, Ministerial Advisor at the MSAH's International Affairs Unit.

The Treaty of Lisbon came into force in the beginning of December 2009, by when all 27 EU member states had ratified it. The Treaty of Lisbon reinforces the core values of the EU Treaty and clarifies the aims that the Union promotes throughout its activities. The Union must pay attention in its work to adequate social protection, ending social exclusion and safeguarding a high standard of health for people. The EU is also furthering these basic values in its external activities.

"The Union has defined itself as a value-driven community. This is not simply rhetoric, because the values exert a legal influence. They may constitute the condition for joining the EU, or there may be consequences if a member state seriously breaches the Union's fundamental values," says Huovinen.

"Gender equality is also one of the Union's underlying values. Also, the Charter of Fundamental Rights has now become legally binding. Under the Charter, gender equality must be ensured in all areas of working life, including in matters of pay."

The Treaty of Lisbon does not enlarge EU jurisdiction in social policy. Member states decide themselves on their social security system and health care. However, the treaty does increase each country's opportunities to cooperate in social policy and health care. The methods of this cooperation are reminiscent of the existing open methods of coordination: exchanging best practices, requesting opinions and the development of common EU indicators.

The treaty also provides new instruments for public health protection. These give the Union the authority to respond to cross-border health threats. It can prescribe support measures in the event of cross-border health threats using monitoring, alerts and prevention.

Member states can agree joint measures for public health protection by encouraging cutting alcohol and tobacco use that do not require changes to be made to national legislation. Already during Finland's EU Presidency in 2006 an alcohol strategy was created for the EU that dealt with alcohol as a public health issue. Earlier alcohol has been dealt with on a collaborative level mainly in the areas of agriculture, taxation, the internal market or trade.
Statutes concerning pharmaceuticals and medical equipment can now be enacted on the basis of public health, whereas previously they were only done in the framework of the internal market.

Huovinen points out that the European Court of Justice is an important body when it comes to social and health matters. Its decisions have been based on the rights of free movement in the EU internal market, if there has not been any forthcoming legislation on social and health affairs. Because of this it may in some situations make sense to create EU level legislation concerning the social and health sector.

For instance, the European Council of Health Ministers is currently considering whether or not it is better to have a directive defining the rights of patients to seek treatment from a second country and to receive compensation for treatment than for the ECJ to rule on each case on the basis of the rights to free movement within the internal market.

The Treaty of Lisbon has strengthened EU powers of decision-making, and decision-making itself has become more transparent, for example with the strengthening of the position of the European Parliament. The division of powers among member states and the Union was scrutinised. The European Council, which comprises the conferences of heads of state, has a permanent president, has become the body mentioned in the Treaty Establishing the European Community and it can take legally binding decisions. The EU also became a more efficient actor in external affairs when the Treaty of Lisbon expanded the role of the High Representative of the Union for Foreign and Security Policy. At present a foreign relations administration is being created for the EU.

The EU can now take more decisions by qualified majority voting.

Merja Huovinen points to Finland's residence-based social protection. Finland would be unable any longer to prevent alone the adoption of a directive that would enlarge the spheres of entitlement to residence-based social protection.

"We should creatively seek out new allies in pushing through, together with our citizens, issues that are important to us. We should also have the know-how to exert an influence at the right time and in the right place.

"The number of EU actors is increasing, collaboration is intensifying and the importance of having an influence is growing, and this requires that Finns are better acquainted with EU processes, following them and have better EU skills. In particular collaboration with the European Parliament is more important in light of its strengthened position. We need more resources for EU work," says Huovinen.

"For instance, the foreign relations administration is a new kind of actor with which all sectors should have good links. It could be that it will also deal with issues concerning social and health care."

Merja Moilanen