European directives, regulation, treaty and/or laws.

'The fact that we cant work is really bad because we cant build our own future. We are dependents. For a human being this
situation is the worst.

Laws used within Europe

Resource: Arsenjeva, J., Waddington L., (2012) Annotated review of European Union law and policy with reference to disability.
Academic Network of European Disability experts (ANED).
Directive/regulation/treaty/law
Summary
Link
01.02 Treaty of Amsterdam, amending the
Treaty governing the EU. Article allowing the
Treaty on European Union, the Treaties
Council to take measures to combat
establishing the European Communities and
discrimination on a number of grounds, incl.
related acts
disability.
01.06 Council Regulation No 723/2004 of 22
To adopt staff regulations for EU officials.
http://eurMarch 2004 amending the Staff Regulations
Prohibits disability-based discrimination in
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of officials of the European Communities and
recruitment and employment and provides for UriServ.do?
the Conditions of Employment of other
reasonable accommodation measures.
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servants of the European Communities
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01.07 European Parliament Bureau Decision
To provide a clear statement of the
http://eurof 22 June 2005 'Code of Good Practice for the Parliament's policy in relation to the
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Employment of People with Disabilities'
employment of people with disabilities. Has
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served as the basis for a number of equal
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treatment projects at the EP, including
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positive action in relation to the recruitment of
disabled staff and adaptations of the
workplace.
01.17 Report from the Commission to the
To present the first annual report monitoring
http://eurEuropean Parliament, the Council, the
progress on the enforcement of the Charter in lex.europa.eu/LexUriServ/Lex
European Economic and Social Committee
the areas where the Union has powers to act.
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and the Committee of the Regions 2010
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Report on the Application of the EU Charter of
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Fundamental Rights COM(2011)160
05.01 83/516/EEC: Council Decision of 17
Specifying the aims and tasks of the European http://eur-

October 1983 on the tasks of the European

Social Fund

Social Fund. The promotion of employment of

people with disabilities is laid down as an
objective that can be financed by the fund.

05.02 Council Directive 89/654/EEC of 30

November 1989 concerning the minimum
safety and health requirements for the
workplace (first individual directive within the
meaning of Article 16 (1) of Directive
89/391/EEC)
05.07 Council Regulation (EC) No 577/98 of 9
March 1998 on the organisation of a labour
force sample survey in the Community

Laying down minimum safety and health

requirements for the workplace.

05.08 Council Directive 2000/78/EC of 27

November 2000 establishing a general
framework for equal treatment in
employment and occupation.

Laying down a general framework for

combating discrimination on the grounds of
religion or belief, disability, age or sexual
orientation as regards employment and
occupation, with a view to putting into effect
in the Member States the principle of equal
treatment.
Decision states that Member States
employment policies should pay particular
attention to the employment of people with
disabilities.
To implement the principle of equal
opportunities and equal treatment of men and
women in matters of employment and
occupation.

05.13 2005/600/EC: Council Decision of 12

July 2005 on Guidelines for the employment
policies of the Member States
05.15 Directive 2006/54/EC of the EP and of
the Council of 5 July 2006 on the
implementation of the principle of equal
opportunities and equal treatment of men and
women in matters of employment and
occupation (recast)
05.26 Council Decision of 21 October 2010 on

To collect comparable statistical information

on the level and pattern of and trends in
employment and unemployment in the
Member States.

To establish employment guidelines to be

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guidelines for the employment policies of the

Member States (2010/707/EU)Council
Decision of 21 October 2010 on guidelines for
the employment policies of the Member
States (2010/707/EU)
05.33 Council Resolution of 15 July 2003 on
promoting the employment and social
integration of people with disabilities

taken into account in the National Reform

Programmes of the Member States.

05.51 2008/618/EC: Council Decision on

guidelines for the employment policies of the
Member States
05.75 Committee and the Committee of the
Regions Towards a job-rich recovery
COM(2012)173.

Laying down guidelines for the employment

policies of the Member States (2005-2008).

08.03 Communication from the Commission

'Criteria for the analysis of the compatibility
of State aid for the employment of
disadvantaged and disabled workers subject
to individual notification' (2009/C 188/02).
11.04 Council Decision 2010/48/EC of 26
November 2009 concerning the conclusion,
by the European Community, of the United
Nations Convention on the Rights of Persons
with Disabilities
11.06 European Parliament resolution of 19
January 2006 on disability and development.

To set out guidance as to the criteria the

Commission applies for the assessment of
State aid in the form of wage subsidies that
needs to be notified individually pursuant to
Regulation 800/2008.
To approve, on behalf of the Community, the
conclusion of the CRPD.

11.10 European Parliament legislative

To approve the accession of the European

To promote full integration and participation of

people with disabilities in all aspects of
society, recognising that they have equal
rights with other citizens.

Europe 2020 employment objectives, building

upon Employment Guidelines.

To propose measures to reflect a disability

dimension in EU development policies.

http://eurlex.europa.eu/LexUriServ/Lex
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resolution of 24 April 2009 on the proposal for

a Council decision concerning the conclusion,
by the European Community, of the Optional
Protocol to the United Nations Convention on
the Rights of Persons with Disabilities
13.25 Council Resolution of 7 February 2003
eAccessibility improving the access of
people with disabilities to the knowledgebased society

Community to the Optional Protocol to the UN

Convention on the Rights of Persons with
Disabilities.

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ence=P6-TA-2009-0313

To call on the Member States and the

Commission to tackle the removal of barriers
to participation of disabled people in the
knowledge based economy and society.

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13.43 Communication from the Commission

to the European Parliament, the Council, the
European Economic and Social Committee
and the Committee of the Regions Europe
2020 Flagship Initiative Innovation Union
COM(2010)546

To initiate a standardisation work programme

for addressing the needs of persons with
disabilities and older persons by applying the
Design for All (DfA) approach; update existing
standards according to the DfA approach;
develop a new standard that would describe
how to follow the DfA approach.

Labour Law
Labour law defines your rights and obligations as workers and employers.
EU labour law covers 2 main areas:
- working conditions - working hours, part-time & fixed term work, posting of workers.
- informing & consulting workers - about collective redundancies, transfers of companies etc.
EU policies in recent decades have sought to
- achieve high employment & strong social protection.
- improve living & working conditions.
- protect social cohesion.
European employments strategy
The European employment strategy (EES) was introduces in 1992 by the Treaty of the European Union and since then has
been the cornerstone of the EU's employment policy. Its main aim is the creation of more and better jobs throughout
the EU.
It now constitutes part of the Europe 2020 growth strategy and it is implemented through the European semester, an annual
process promoting close policy coordination among EU Member States and EU institutions.

In particular, the implementation of the EES - supported by the work of the Employment committee - involves the following
four steps of the European Semester:
- Employment guidelines are common priorities and targets for employment policies proposed by the Commision, agreed by
national governments and adopted by the EU Council.
- The Joint empolyments report (JER) is based on the assessments of the empolyment situation in Europe, the implementation
of the Employments Guidelines and an assessment of the Scoreboard of key employment and social indicators. It is published
by Commission and adopted by the EU Council.
- National Reform Programmes (NRPs) are submitted by national governments and analysed by the Commission for
compliance with Europe 2020.
- Based on the assessment of the NRPs the Commission publishes a series of Country reports, analysing Member States'
economic policies and issues Countryspecific recommendations.

Policies
Resource: http://www.ecre.org/component/downloads/downloads/172.html
Policy briefing on employment and employment support for refugees and migrants in Europe.pe
Access to the labour market
Policies and practices across Europe vary considerable regarding granting legal access to the labour market for different
groups of migrants. Recognised refugees have unrestricted access to the labour market, but many Member States impose
various restrictions for people with subsidiary forms of international protection. The legal right to work for asylum seekers
varies across Europe. Some Member States grant access to the labour market early, after three months, while others do not
respect the spirit of the EU Reception Directive5 and use various derogations to prevent asylum seekers from accessing the
labour market.
Language skills
Lack of linguistic proficiency is one of the primary causes of refugees and migrants disadvantaged position in the labour
market. The quality, availability and length of the programmes vary across Europe. The number of hours is often insufficient
to achieve a language level necessary to progress towards further training, education or suitable employment. Some Member
States provide language courses for asylum seekers, arguing that this is important to enable their participation and
integration in society regardless of the outcome of their asylum procedure. Unfortunately, most Member States exclude
asylum seekers from professional language courses.
Pathways to suitable employment
Sustainable employment is key in the integration process of refugees and migrants. At present, across Europe, refugees and
migrants experience much higher levels of unemployment and underemployment than nationals. Many are unable to make
use of their previous skills and experience and are often working in low skilled, temporary and badly paid jobs. They are also

over-represented in the informal labour market due to lack of access to legal employment and the need to survive (in
particular in countries with less developed social benefits systems). It is important to tackle this waste of human resources
and better facilitate successful pathways to suitable employment (reflecting their skills and experience), instead of any kind of
employment as soon as possible.