Online Cooperation of the Economic and Social Councils
CESlink
CES - Economic and Social Council of Portugal
CES
Info
Contact
Palácio das Laranjeiras, Estrada das Laranjeiras, n.º 205
1649-018
Lisboa
Tel
(+351) 21 3006080
Fax
(+351) 21 3006099
Email
ces.portugal@ces.pt
38.6967571, -9.2120497999999
Introduction
The Economic and Social Council (ESC) is a constitutional body for consultation and social concertation. Its main goals are to promote the participation of economic and social agents in the decision-making process of the Government, mainly within the scope of social and economic issues. It is the prime space for dialogue between the Government, the Social Partners, and the remaining representatives of an organised civil society.
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Mission
Promote the participation of economic and social agents in the decision-making processes of sovereign bodies, within the scope of socioeconomic matters and be, par excellence, the space for dialogue between the Government, Social Partners and other representatives of organized civil society.
Membership
Plenary
The Plenary consists of 76 full members – the advisors – including the President of ESC, who chairs the Plenary meetings, and is elected by the Parliament, and four Vice-Presidents, elected by the Plenary itself, and who assist the President.
Although the Council’s advisory members are not formally associated with a group, it is possible to single out six groups, distinguished by the nature of the interests the advisors represent:
- Government
- Employers
- Workers
- Representatives of regional and local government
- Sundry interests
- Individuals of renowned merit
President
The President of the Economic and Social Council is elected by the Portuguese Parliament, by a majority of two thirds of the members present, if the number of members present is superior to the majority of the members in office. The Council’s president’s mandate is in line with the Parliament’s, and it is renewable without limitation.
Social Concertation Standing Committee
Is a tripartite body made up of 12 members, whose main function is to promote dialogue and social concertation, with the goal of establishing agreements between the parts. It is chaired by the Prime Minister, who can delegate this function to a minister, and is made up of representatives from the Government, trade unions, and employers’ representatives. Its composition is as follows:
- Four members of the Government, to be designated via prime ministerial decree;
- Two representatives of the trade union – “Confederação Geral dos Trabalhadores – Intersindical Nacional (CGTP-IN);
- Two representatives of the trade union – “União Geral de Trabalhadores (UGT)”;
- The President of the farmers’ association – “Confederação dos Agricultores de Portugal (CAP)”;
- The President of the commerce and services confederation - “Confederação do Comércio e Serviços de Portugal (CCP)”;
- The President of the industry confederation – “Confederação Empresarial de Portugal (CIP)”;
- The President of the tourism confederation - “Confederação do Turismo de Portugal (CTP)”.
Specialised Committees
Are composed of four representatives of the Government, employers’ representatives, trade unions, local Government, a representative from each of the autonomous regions, and one representative from each of the sectors that are part of the Economic and Social Council. It may also include one or two individuals of renowned merit.
Coordinating Council
The Coordinating Council is the body that assists the President of the Council. It has different roles, including approving the Council’s budget proposals, putting together the items on the agenda for each Plenary meeting, and reviewing those entities that apply to become members of the Economic and Social Council. Is made up of the President of the Council, the Vice-Presidents, and of the Presidents of all the Specialised Committees.
Administrative Council
The Administrative Council is the body that has as its main roles the preparation of the Council’s budget proposals and guaranteeing that the actions of the Council – both in administrative and financial matters – are in accordance with the law. Is made up of the President of the Council, the Vice-Presidents, the Council’s Secretary General, and by the head of the General Administration of the Economic and Social Council.
Organisation
ESC’s work is carried out via the legal entities that constitute it, namely the President, the Plenary, the Specialised Standing Committee on Social and Economic Policy, the Specialised Standing Committee for Regional Development and Land Planning, the Specialised Interdisciplinary Standing Committee for Fertility, the Coordinating Council, the Administrative Council, and the Social Concertation Standing Committee. The latter works independently of the Economic and Social Council, which is nonetheless tasked with providing the logistic and administrative support for its functioning.
Plenary
The Plenary usually meets six times a year, in bi-monthly intervals, although it may meet in extraordinary sessions upon the initiative of the President or at the request of at least one-fifth of the members of the Plenary.
Unless stated otherwise in legal or regulated proceedings, the Plenary’s decisions are taken via simple majority, with the president having the deciding vote, in case of a tie.
Voting at Plenary meetings is public, unless the Economic and Social Council is deliberating on a request from the organs of sovereignty.
Specialised Committees
The specialised committees are responsible for:
- Preparing studies, opinion reports, and any other information at the request of other Council bodies or on its own initiative;
- Proposing to the President of the Council the carrying out of studies that the committee deems necessary to carry out its duties;
- Request, through the President of the Council, the information, statements or clarifications necessary for its work, under the terms set out in paragraphs 2 and 3 of article 13 of this law;
- Elect, from among its members, a president, who will ensure the direction and conduct of the work, having a decisive vote in the deliberations to be taken, and who will be the liaison element with the remaining members of the Council, being themselves a member of the coordinating council.
Working Methods
The Constitution of the Portuguese Republic (Article 92) grants ESC two types of roles: that of consultation and that of social concertation.
The Council’s consultation role is taken forward via the collaboration with organisations that represent the Portuguese society and economic agents and is carried out by writing opinion reports, either requested by the Government or other organs of sovereignty, or upon the Council’s own initiative. Through these opinion reports, the Council expresses an opinion on the final drafts of policy documents such as the country’s mid-term plan, plans for economic and social development, economic and social policies, Portugal’s place in European institutions considering those policies, the use of European funds at the national level, the country’s policies of restructuring and social and economic development, the country’s economic and social situation, and the regional development policies.
The social concertation role aims to promote social dialogue and negotiation between the Government and the Social Partners – the latter being trade unions and employers’ representatives – and it is taken forward via tripartite negotiations with representatives of such bodies, during which legislation proposals are appraised, especially with regards to social and labour issues, and social concertation agreements take place.
In addition to this, ESC also has an arbitration role. Arbitration is one way of collective conflict resolution in labour matters, and it takes place under the Economic and Social Council’s umbrella. In this regard, ESC is responsible for organising and upkeeping the lists of referees who can get selected, the draw of referees from the list when needed, and the guarantee of payment to the referees, specialists, and technical and administrative support that guarantee the functioning of the arbitration court.