The new EU Constitution

In October 2004 heads of state and of government signed a treaty establishing a Constitution for Europe in Rome. The ratification process was planned to be completed by the end of 2006. Ratification has been completed in 15 EU countries, including Malta, with a population of more than 50 per cent of the whole EU population. However, the treaty was rejected in referendums held in France and the Netherlands. This led EU institutions, governments and other interested bodies, including the EU trade union movement, to a period of reflection.

Faced with this complex situation, the Union Haddiema Maghqudin (UHM) together with other trade unions all over the EU representing millions of workers are deeply concerned and alarmed with the proposal that the new EU Constitution will relegate the importance of the Charter of Fundamental Rights.

The UHM has learned from the European Trade Union Confederation (ETUC) that new proposals are being drawn up in secretive intergovernmental discussions to relegate the importance of the Charter of Fundamental Rights in the new EU Constitution. The UHM, a prime mover in favour of Malta joining the EU, will not take this lightly.

The Charter of Fundamental Rights specifically guarantees the right to information and consultation, the right to negotiate and to take collective action including strike. It guarantees protection against unfair dismissals, social security rights and the principle of fair working conditions. It also guarantees access to public services. It is the most progressive charter achieved by the trade union movement in the world. It puts economic and social rights on an equal footing with human rights.

With this information in hand, we are in duty bound to ask whether our government has participated in any secretive meeting or meetings on the new Constitution and whether our government has accepted the relegation of the fundamental rights in the new Constitution.

In the absence of straight and unequivocal replies we would be left with no option but to doubt the intentions of the government in this regard. Unfortunately, for reasons the UHM fails to comprehend, since Malta joined the EU the Maltese government has opted to act on its own without the necessary process of consultation and information with the social partners on sensitive EU related issues. This a case in point.

At this stage the UHM would like to stress that if there is the abolishment of the said charter from the new Constitution with the participation and cooperation of our Government, the union would have to seek other avenues of redress. The UHM will not shed any of responsibilities it is in duty bound to carry at all times.

The sanctioned and approved version of the EU Constitution by the Maltese parliamentarians should not be carried forward and applied to the new Constitution without the necessary process of consultation with the public. In the event we are presented with a new Constitution the public should be called in to debate the pros and cons of this sensitive issue. Let people air their views and let the people decide by casting their vote.

Over the years the trade union movement all over the EU worked hard and managed successfully to build a social European Union. This is a model that no other economy in the world has managed to put in place. It has the necessary checks and balances that ensure it will be successful in a humane manner, bringing together both the economic and social aspects.

The UHM unequivocally and strongly urges the government to refrain from entering into any sort of negotiations on the new Constitution at any level which has the intention of diminishing what had already been achieved.

The UHM will not concur to any new treaty that does not give the charter unambiguous legally binding status. It will endeavour to strive for a social Europe without frontiers. May I once again reiterate that the EU is not a politicians' union but a peoples' union. This is the UHM's strong belief.

Mr Vella is secretary general of the UHM.

gvella@uhm.org.mt