PR 2004.10.01

The Executive board of the FICT (International Federation of Managerial staff and Executives in Transport) member of the CEC (European Confederation of Managerial staff and Executives) consisting of organisations of Managerial staff and Executives in transport in Europe, met in Brussels on September 24, 2004.

The FICT gives its support to the future European Constitution which was approved by the heads of state and of governments on June 18, 2004 at the meeting of Brussels.

Though this text does not present an important progress in social aspects with regard to the treaty of Nice, one can nevertheless be delighted at its adoption and greet some of its dispositions.

We only can praise to see that the social dialogue is reaffirmed in the article I-47 of the future Constitution.

The charter of fundamental rights resumes in a unique text the set of civic rights, economic and social policies of the European citizens, such as the freedom to join a union or the right of training and a consultation of the employees within the companies.

For the public services, the Constitution recognizes them, on one hand by the article II-36 of the Charter of the Fundamental rights and on the other hand, the article III-6 of the Constitution resumes the dispositions of the article 16 of the Treaty relative to the value and to the role of these services, stating that the Union and its member States take care of their functioning.

The FICT must entirely play its role as a responsible organization and warn his members against the temptation to reject this constitution because, if we want to go towards a more social Europe, we have to possess the tool which will give us these means. This tool is the future European Constitution.

Directive on services in internal market

COM (2004) 002

According to the communication on the internal market of services (COM (2002) 441 final), the Commission adopted on January 13, 2004 a project of Directive concerning services in internal market. This initiative aims to define general legal frame for the free traffic of services within internal market.

The FICT estimates that in the project of directive which aims to put into practice "the principle of the country of origin” art. 16-3 would facilitate excessive practices, such as the subtraction in the compulsory national rules by the new business start-up "POBs", to exploit wage disparities, fiscal regimes and to become established in all probability in the new states members.

As a consequence, this strongly potential risk must be forbidden by the law.

Directive on the detachment of the employees is a key element of the European legislation. The text proposed in its articles 24 and 25 will weaken the application of the Directive (96 / 71 / EC of 16/12/1996) by an abuse of the free traffic and to control the respect for it, what will aim to favour social dumping.

As a consequence, the FICT throws rejects all the elements of the project of Directive on the services which will contribute to weaken Directive on the detachment of the employees.

Conclusion:

In the current state, the project of directive has big chances to officialize the social dumping which risks to pull deep reactions on behalf of the European citizens.

The FICT will follow closely the evolutions of this proposition and will act also with the European Parliament, the national governments and the Commission.