The Section for Employment, Social Affairs and Citizenship of the EESC

On the agenda i.a. ageing of the population and its impacts on health and welfare systems and a common European asylum system

The Section for Employment, Social Affairs and Citizenship of the European Economic and Social Committee discussed and adopted the following opinions at its meeting held in Brussels on 16 June:

• SOC/367 The impact of the ageing population on health and welfare systems
  Society in the European Union is ageing because of increasing life expectancy. Eurostat forecasts suggest that the proportion of people aged 65 or over in the population will rise from 17.1 % in 2008 to 30 % in 2060. The average ratio between people of working age (15‑64) and people aged 65 and over will change from 4:1 now to 2:1 in 2050.
  A large proportion of the economically active population will exit the labour market between 2026 and 2030. This means that, at a time of lower birth rates, the proportion of people not working will increase in relation to the working population.
  A recent Commission Communication states that governments have only a short window of opportunity to implement measures to address the issues relating to the ageing population before the baby-boom cohorts enter retirement. In this context, the Commission asked the EESC on 18 September 2009 for an exploratory opinion to look at how the efforts of the Member States to tackle this problem could be supported by Community initiatives in the area of health. This opinion is based on a number of EESC opinions.
  The Council Presidencies held by the Czech Republic (first half of 2009), Sweden (second half of 2009) and Spain (first half of 2010) have included healthy, dignified and active ageing as a priority in their work programmes.
  Society and leaders in healthcare need to develop a new image of ageing that is appropriate to demographic change and is conducive to the dignity of older people.
  It is not the ageing of the population per se that causes greater expense, but unhealthy ageing. For this reason, the main recommendations in this opinion relate to measures to promote healthy ageing.
  Demographic change requires healthcare and welfare systems, healthcare services and other related services be developed as regards their organisation and capacity, a) to meet the needs of older people, b) to ensure that all those in need of care receive those services that are necessary to uphold their autonomy and dignity, and c) to ensure that all sections of the population, regardless of age, gender, financial situation or place of residence, have equal access to high-quality health services (including health promotion, preventive healthcare, treatment, rehabilitation and palliative care).
  
  
• SOC/375 FRONTEX
  The European Economic and Social Committee welcomes and endorses the Commission's work to adapt and update Regulation (EC) No 2007/2004.
  Member States having abolished internal border controls in compliance with the Schengen Convention are entitled to entrust external border control to the authority of their choice.
  Nevertheless, following the enlargement of the EU and the gradual extension of the Schengen area to almost all Member States, together with the diversity of national legal systems, differences have been noted between Member States in terms of responsibilities for controlling the European Union's external borders.
  As a result, at the conclusion of the Laeken European Council of December 2001, Member States committed themselves to establishing a common operational consultation and cooperation mechanism, in order to coordinate the action of national services responsible for controlling the EU's external borders.
  For this reason, in keeping with the "Schengen Borders Code" and the powers of national authorities, and in order to develop a common policy in the area of fixed and mobile infrastructure, the abovementioned Corps should be given responsibility for the "surveillance", and subsequently the "integrated control", of border crossings.
  This means being able to check identification documents and question foreign nationals concerning the reason for their stay, and to board ships within the territorial waters of a Member State.
  The EESC believes that the Corps should be given the financial and transportation resources (ships, aircraft, helicopters) it needs to carry out its activities responsibly.
  We nevertheless need to give some thought to the risk of "militarising" the surveillance and control of external borders. As a result, any "overlap" with the investigative and military functions that individual Member States entrust to their own police and land, maritime and air forces needs to be appropriately coordinated.
  
  
• SOC/374  The added value of a common European asylum system
  The EESC welcomes the EU institutions' proactive approach to the issue of asylum and the interest shown by certain Member States in moving forward in this policy area.
  Although EU immigration and asylum policy is under pressure from a range of risks and uncertain factors at global level, the Committee believes that the various budgetary constraints ensuing from the economic crisis should not lead to a reduction in the level and quality of protection received by beneficiaries. The EU's political identity is closely bound up with safeguarding human rights. Failure to do so would greatly damage the EU's internal and external credibility as a political and democratic body.
  Following the entry into force of the Treaty on the Functioning of the European Union, the expansion of the EU's remit in this area and the new decision-making mechanisms established provide real opportunities to create a common European asylum area. There are also risks here, however. The expectations created may be too great for the existing political and administrative capacities.
  The Committee believes that a truly functional common European asylum policy is the most effective and sustainable response to both the need to protect persons at risk and its impact on the Member States. The Committee does not see international protection beneficiaries as an economic and administrative burden, but rather as valuable partners of their host countries and communities. In their countries of origin, beneficiaries of protection can become agents of change in terms of strengthening democracy and the rule of law and safeguarding human rights. The skills acquired could make them key players in the socio-economic development of both their host country and country of origin.
  The success or failure of the Common European Asylum System (CEAS) hinges on a number of key variables: effective safeguarding of human rights, solidarity between Member States, harmonising legislation and policies in this field, enhancing the content of protection granted and proper funding for the competent EU institutions. A key priority, in the Committee's view, is to build the trust of the general public, civil society and Member State governments in a common European asylum policy. This can be achieved by swiftly making the policy operational and producing tangible results, especially in test cases.
  
  
• SOC/376 New challenges for the integration of third-country nationals
  In 2002, at a conference held jointly by the EESC and the Commission, the drawing-up of a European programme for integration and the setting-up of a Community fund were proposed for the first time. The national contact points were also established that year.
  In 2003 the Thessaloniki Council was held; in 2004 the Hague Programme was drawn up and the common basic principles (CBPs) for immigrant integration policy were adopted; in 2005 the integration agenda was drawn up; in 2006 the European Integration Fund was established for the period 2007-2013; in 2007 the Potsdam Ministerial Conference was held; in 2008 there was the Vichy Ministerial Conference and the European Pact on Immigration and Asylum was concluded; in 2009 the European Integration Forum was established and the Stockholm Programme adopted. And in 2010, with the Lisbon Treaty in force, the legal basis for integration has been strengthened and the Zaragoza Ministerial Conference has been held. A website on integration has been established, the third edition of the handbook of best practice has been drawn up and indicators are being developed.
  Eight years have passed since the European Union began to establish a common framework for the integration of third-country nationals as part of a common immigration policy. The EU now has various instruments for the coordination of national integration policies based on the adoption and implementation of common basic principles and the exchange of information and practices. There are also assessment mechanisms and a common financial framework.
  The European Union is facing a new phase in immigration and integration policies. The Conclusions of the Ministerial Conference on integration held in Zaragoza on 15 and 16 April 2010 call on the Commission to draw up a new agenda for integration and stresses the role of civil society and of the European Integration Forum.
  At its meeting on 28 January the bureau of the European Integration Forum decided that, at the Forum's plenary session to be held on 24 and 25 June 2010, a debate would take place on the objectives of the new integration agenda so that the views of civil society could be made available to the Commission through the Forum.
  
  
• SOC/379 Divorce and legal separation
  Rules on the law applicable to divorce and legal separation are not yet part of Community law on matrimonial matters. The first Community instrument adopted in the area of family law, Council Regulation (EC) No 1347/2000, set out rules on jurisdiction, recognition and enforcement of judgments in matrimonial matters as well as judgments on parental responsibility for children of both spouses given in the context of a matrimonial proceeding. It did not, however, include rules on applicable law.
  The entry into force of Council Regulation (EC) No 2201/2003, which repealed and replaced Council Regulation (EC) No 1347/2000 as of 1 March 2005, did not entail any change in this respect.
  Council Regulation (EC) No 2201/2003 allows spouses to choose between several alternative grounds of jurisdiction. Once a matrimonial proceeding is brought before the courts of a Member State, the applicable law is determined on the basis of the national conflict-of-law rules of that State, which are based on different criteria. The majority of Member States determine the applicable law on the basis of a scale of connecting factors that seek to ensure that the proceeding is governed by the legal order with which it has the closest connection. Other Member States apply systematically their domestic laws (lex fori) to matrimonial proceedings.

Vladimíra Drbalová
International Organisations and EU Affairs
EESC Member