The ETUC proposes to add a Social Progress Protocol to the Treaties. Such a Protocol would unambiguously clarify and establish the relation between fundamental social rights and economic market freedoms. This clause must take the form of a protocol to be attached to the European Treaties so as to be binding at the highest level to ensure that it influences the decisions of the ECJ.

It should contain the following key elements:

a) it should confirm that the single market is not an end in itself, but is established to achieve social progress for the peoples of the Union;

b) it should clarify that economic freedoms and competition rules cannot have priority over fundamental social rights and social progress, and that in case of conflict social rights shall take precedence;

c) it should clarify that economic freedoms cannot be interpreted as granting undertakings the right to exercise them to evade or circumvent national social and employment laws and practices or for unfair competition on wages and working conditions.

 ETUC proposal for a Social Progress Protocol