News Analysis - Effects of the Services Directive
WORKERS, APR 2007 ISSUE
Workers are constantly told that it doesn't matter what legislation is proposed by the EU because – subsidiarity in the ghastly jargon – member states have the right to uphold their own social laws. The way it works is this: a Directive (which has legal force) is passed to a member state for implementation in that country after parliamentary scrutiny and amendment (where a state already has laws providing for higher standards than in the EU politicians call this "gold-plating").
That should be the end of that, but governments have to send amended legislation back to the EU – in fact to the European Court of Justice (ECJ) – for permission to implement. And if the law still protects the national interest, it is rejected as contravening the Treaty of Rome.
Although many Labour MPs and trade unions have tried to reassure members that, thanks to their efforts, the Services Directive is no longer a threat, and although governments have until November 2007 to tell the ECJ how they will apply it nationally, this is precisely what will happen with the Services Directive and associated directives purporting to uphold professional standards. The ECJ will rule, on behalf of employers.
Surrender
Some governments have already surrendered in the face of pressure from the ECJ to remove all protection for citizens. In Italy in March 2007 tourist guides demonstrated and marched through Rome in protest against the deregulation of their profession by the Italian government. They said it was the death of their profession and a sad day for tourists, who could no longer be guaranteed a qualified guide.
Deregulation was of course welcomed by the employers' body, the European Tour Operators Association, citing London as one of the places where there is a "flourishing local guiding scene within a deregulated market". London guides know better, and on the contrary are seeking enhanced protection for their profession. At European level, too, the tourist guides of 25 countries (largely unregulated) are campaigning for Europe-wide protection.