Open Method of Coordination

The Open Method of Coordination (OMC ) is a form of action of the European Union, with them outside of their quota allocated by the primary law skills to legislation can be politically active. The method was first developed in the context of initiatives to the European Employment Strategy in the 1990s. In 2003 137 of the EC Treaty provides a legal basis with Art. Since the Treaty of Lisbon 153 TFEU in particular Article 5, Article 6 and Article relevant. Major instruments of the OMC are non-binding recommendations and guidelines of the Commission to the Member States. The OMC occurs next to the Community method and the intergovernmental method, which are the two main decision-making procedures of the European Union.

Reasons for the development of the OMC

According to the principle of conferral binding of the European Union acts can be adopted only if the contracts authorize the institutions of the European Union expressly. If the Commission or the Council to intervene the need in policy areas where the EU has no competence, the use of the OMC offers, largely without binding acts.

The OMC was first with the "White Paper - Growth, Competitiveness and Employment " introduced by the European Commission in 1993. At the time, the political desire that the European Communities take action against the increasing unemployment in many Member States. However, lacked legal basis for binding acts (including regulations) of the European Communities in this area. Therefore, it was decided to take no explicit legal basis measures, which are not mandatory, but only recommendatory nature for the Member States. The Amsterdam Treaty this was subsequently a contractual basis, which is restricted to the area of ​​employment policy, created. With the Lisbon Council in March 2000 and in Gothenburg in June 2001, it has been extended to other policy areas. Focus of their use, however, remained the European social policy.

Instruments of the OMC

The White Paper of the European Commission on Governance of the EU defined the OMC in the following way: "The open method of coordination is case by case basis. It promotes cooperation and exchanges, best practice and agreeing common targets and guidelines for Member States which are sometimes supported, as in the case of employment and social exclusion through action plans by Member States. This method is based on regular monitoring of the achieved progress in achieving these targets, allowing Member States to compare their efforts and learn from the experiences of others ".

It thus is soft law, which has no direct liability. However, the instruments used may indirectly contribute towards a unification of the political practice in the Member States. The instruments are as follows:

  • Benchmarks: The Commission, with the help of the data collected, whether Member States achieve the objectives contained in the Guidelines. This is followed no penalties are attached ( soft law ), does not reach a country's goals but, this is published
  • Recommendations: The Council, on a proposal from the Commission detailed non-binding recommendations on how the goals can be achieved. The Member States are not obliged to follow these recommendations.
  • Mutual learning: experiences and good practice are exchanged between the nation states. State "A" may learn something from state " B" and vice versa. To this end, the Commission notes, as the political practice in the Member States looks. Member States are committed to extensive to report to the Commission.
  • Guidelines: a proposal by the Commission, the Council of the European Union guidelines are laid down which should take into account the Member States in their national policies.
  • Statistical comparisons: The Commission raises Eurostat statistical data from the field of politics. To this end, the national statistical offices can provide guidelines which data they have in what way to bring order to ensure comparability.

Areas of application of the OMC

The open method of coordination except in the area of ​​employment policy, inter alia, applied in the following areas:

  • In the objectives of the European Social Agenda, which expressly refers to this method as a Community instrument,
  • Better Regulation (European Council, Lisbon 2000)
  • Education and Training (European Council, Lisbon 2000)
  • Enterprise Policy (European Council, Lisbon 2000)
  • Information Society (European Council, Lisbon 2000)
  • Research and Development (European Council, Lisbon 2000)
  • Social Inclusion (European Council, Stockholm 2001)
  • Environmental Policy ( Gothenburg 2001)
  • Health Care / Care for the Elderly ( Gothenburg 2001)
  • Migration Policy (Commission Communication, July 2001, as a follow- up to 1999 Tampere European Council decision )
  • Youth Policy (based on a Commission White Paper, November 2001)
  • Pensions (European Council, Laeken 2001)
  • Tourism ( Council Resolution, May 2002)
Treaty of Rome Treaty on the Functioning of the European Union
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