Ratification of the European Code of Social Security

Doc. 9929

26 September 2003

Ratification of the European Code of Social Security
Recommendation 1573 (2002)

Reply from the Committee of Ministers

adopted at the 853^rd meeting of the Ministers’ Deputies (24 September 2003)

1. The Committee of Ministers has studied, with great interest, Parliamentary Assembly Recommendation 1573 (2002) on the ratification of the European Code of Social Security. It supports the commitment and determination of the Parliamentary Assembly of the Council of Europe to work towards ratification of the European Code of Social Security, a treaty intended to guarantee better social protection in Europe towards a society based on common values and the equal dignity of all human beings.

2. In this context, the Committee of Ministers recalls that the Heads of State and Government of member states undertook, at the Second Summit, “to promote social standards as embodied in the Social Charter and in other Council of Europe instruments, and call for the widest possible adherence to these instruments”. The Committee of Ministers has clearly expressed the importance of social security for the promotion of social cohesion. In its Strategy for Social Cohesion, approved on 13 July 2000, paragraph 14 lays down that “Social security systems are one of the most powerful institutional expressions of social solidarity. Any social cohesion strategy must therefore have as a main aim the strengthening of social security systems, especially at a time when many questions are posed about their future development and financing.”

3. More recently, the European Ministers responsible for Social Security, in their final communiqué adopted in Bratislava in May 2002, recommended that the Committee of Ministers promote the ratification of the Council of Europe legal instruments intended to set common European standards for social security, namely the European Code of Social Security, the Protocol thereto and the revised Code. The Committee of Ministers welcomes the intention of the Parliamentary Assembly to encourage the process of ratification of all these instruments, by holding periodical debates on the application of the code in member states. For its part, the Committee of Ministers will hold regular exchanges of views on the state of ratification of these instruments, as suggested by the Assembly.

4. The Committee of Ministers already supports an ambitious programme to promote the European Code of Social Security. Through bilateral and regional activities, the European Committee for Social Cohesion (CDCS) provides technical assistance to those member states which wish to ratify the Code, with a view to preparing and introducing a national social security framework in line with European standards.

5. The Committee of Experts on Standard-Setting Instruments in the Field of Social Security (CS-CO) also plays a very significant role in promoting the Code. The CS-CO is responsible for supervising application of the Code in the Contracting Parties (Article 74 of the Code), and, in this context, it already fulfils several of the functions advocated by the Parliamentary Assembly. In practice, when it examines the conclusions relating to the Code, the CS-CO holds an exchange of views both on the state of ratification of the legal instruments for which it is responsible and on the measures taken by the Contracting Parties to put into effect the resolutions addressed to them by the Committee of Ministers. The CS-CO reports on its findings in its meeting report, and, at regular intervals, examines the conclusions of the Group of Consultants responsible for examining national reports on the provisions of the Code which have not been accepted (Article 76 of the Code).

6. The Committee of Ministers also points out that the CS-CO’s terms of reference require it to observe developments and pan-European tendencies in the social sphere, and to prepare information about topical issues and good practice. In this respect, the CS-CO has held several debates, the latest of which focused on “the consequences for social cohesion of the development of statutory defined contribution pension schemes”.

7. Lastly, the Committee of Ministers supports the Assembly’s proposal to undertake an in-depth examination of the instruments to ensure that they are adapted to contemporary needs. For this purpose, the CDCS has recently set up a reflection group on social security. This group has been asked to consider current trends in the social security field, particularly the universality of social protection, the privatisation of social security and its impact on retirement pensions, and gender equality.