What about the workers?

RTÉ Europe Editor Sean Whelan takes a look at workers' rights, which became a serious issue during last year's Lisbon referendum - especially for trade unions.

The issue of workers' rights is addressed in a second document before EU leaders at the summit.

This is a 'solemn declaration of the European council' - which is not a legally binding instrument.

It is not legally binding because there is no agreement among EU governments on how the concerns raised by the trade unions - not just in Ireland, but across the EU and by their umbrella body the ETUC in Brussels - should be addressed.

The unions are worried about the impact on wage and labour agreements arising from a number of recent judgments by the European Court of Justice.

They also want treaty backing for collective bargaining and the right to strike.

Ideally they would like a protocol to the Lisbon Treaty setting aside some of the most contentious aspects of recent labour judgments.

This has not been accepted by governments.

Because of this lack of agreement on what is a very contentious area in all member states, the Irish government is proposing a declaration.

Nevertheless such declarations form (according to the Vienna Convention) part of the context within which treaties are to be interpreted.

In other words, declarations can be seen as 'riding instructions' to judges and bureaucrats when it comes to interpreting what parts of the treaty might mean.

The European Trades Union Congress has said the proposed declaration does not go far enough.

In letter to the European Council ETUC General Secretary John Monks says 'Our objective, which we hoped had been understood by the European Council last December, has been to ensure in a binding way that the fundamental rights of workers and their representatives are not subordinated to market freedoms and competition law'.

'The draft we have seen falls far short of of giving the necessary confidence that this principle is secured...We call on the European Council to think again, act boldly and in favour of a Social Europe.'

Last year the Government faced a tricky time convincing most unions to back the Lisbon Treaty. After a year of pay cuts, redundancies and tax rises, and now this denunciation from the ETUC, the task this year might be a lot trickier.

View the text of the proposed declaration by the European Council (Page 4).