Recommendation 1992/442 - 92/442/EEC: Council Recommendation of 27 July 1992 on the convergence of social protection objectives and policies - Main contents

official title

 

Legal instrument	Recommendation
Number legal act	Recommendation 1992/442
Original proposal	COM(1991)228
CELEX number i	31992H0442

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92/442/EEC: Council Recommendation of 27 July 1992 on the convergence of social protection objectives and policies

Official Journal L 245 , 26/08/1992 P. 0049 - 0052

COUNCIL RECOMMENDATION of 27 July 1992 on the convergence of social protection objectives and policies (92/442/EEC)

THE COUNCIL OF THE EUROPEAN COMMUNITIES,

Having regard to the treaty establishing the European Economic Community, and in particular Article 235 thereof,

Having regard to the proposal from the Commission (1),

Having regard to the opinion of the European Parliament (2),

Having regard to the opinion of the Economic and Social Committee (3),

Whereas, under the terms of Article 118 of the Treaty, the Commission has as its task the promotion of close cooperation between Member States in the social field;

Whereas the Community Charter of the Fundamental Social Rights of Workers, adopted at the Strasbourg European Council on 9 December 1989 by the Heads of State or Government of 11 Member States, states in the 7th, 13 th and 16th recitals and in points 10, 24 and 25:

'Whereas the completion of the internal market must offer improvements in the social field for workers of the European Community, especially in terms of (. . .) social protection (. . .);'

'Whereas (the) aim (of this Charter) is (. . .) to declare solemnly that the implementation of the Single European Act must take full account of the social dimension of the Community and that it is necessary in this context to ensure at appropriate levels the development of the social rights of workers of the European Community, especially employed workers and self-employed persons;'

'Whereas the solemn proclamation of fundamental social rights at European Community level may not, when implemented, provide grounds for any retrogression compared with the situation currently existing in each Member State;'

'According to the arrangements applying in each country:

• 10. 

  Every worker of the European Community shall have a right to adequate social protection and shall, whatever his status and whatever the size of the undertaking in which he is employed, enjoy an adequate level of social security benefits.

Persons who have been unable either to enter or to re-enter the labour market and have no means of subsistence must be able to receive sufficient resources and social assistance in keeping with their particular situation.'

'According to the arrangements applying in each country:

• 24. 

  Every worker of the European Community must, at the time of retirement, be able to enjoy resources affording him or her a decent standard of living.

• 25. 

  Every person who has reached retirement age but who is not entitled to a pension or who does not have other means of subsistence must be entitled to sufficient resources and to medical and social assistance specifically suited to his needs.';

Whereas social protection is an essential instrument of solidarity among the inhabitants of each Member State, in the context of the general right of all to social protection;

Whereas the Commission in its action programme relating to the implementation of the Community Charter of the Fundamental Social Rights of Workers noted that differences in social security cover might act as a serious brake on the free movement of workers and exacerbate regional imbalances, particularly between the north and the south of the Community; whereas, based on this, it has been proposed that a strategy be promoted for the convergence of Member States' policies in this field, underpinned by objectives established in common, making it possible to overcome such disadvantages;

Whereas, having noted that comparable trends in most of the Member States may lead to common problems (in particular the ageing of the population, changing family situations, a persistently high level of unemployment and the spread of poverty and forms of poverty), the Council...

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