Describes, analyses, and assesses the European social dialogue from a combined theoretical and normative perspective and applies theoretical strands stemming from industrial relations, EC law, and political theory to an understanding and assessment of the genesis, actors, processes, and outcomes of the European social dialogue through 2007

This book deals with certain legal aspects of the European social dialogue as described in the Articles 138 and 139 EC Treaty. On the one hand, legal problems with regard to the conclusion and implementation of agreements between the European social partners' organisations are discussed. On the other hand, the relation between the European social partners' organisations and the EC institutions is scrutinised. The author also gives some ideas for the content of a (possible) future European collective labour legislation. Part I is an introduction in which certain European social partners' organisations are discussed and the development of the European social dialogue is described. Part II deals with the consultation of the European social partners' organisations, which is done by the European Commission. It also discusses the legal aspects of the conclusion of agreements between the social partners and the enforcement of the rights and obligations flowing from these agreements. In Part III, the conversion of these agreements into Community legislation is discussed. Furthermore, the possibilities for the European social partners' organisations to submit a legal claim against the European Commission or Council of Ministers are scrutinised. Finally, in Part IV, some conclusions and recommendations are made. This book also contains an annex. In this annex, an overview is given of all Community legislation, in which the European social partners' organisations were involved, either because they have been consulted with regard to that legislation, or because the legislation is based on an agreement concluded between them.

Since Maastricht, there has been a concerted effort at the EU level to forge a fair and mutually responsible legal relationship between labour and management. What is sought is a legal framework for labour relations that will protect'and even nourish'the most important employment interests of all Europeans. It is now clear, with more than a decade's perspective, that many unforeseen obstacles and pitfalls'both legal and practical'have slowed the progress of this social dialogue. The European Social Dialogue Revisited focuses on what has gone wrong, what has gone right, and what initiatives should be taken to ensure a positive continuation of the trend toward greater social justice. The eight outstanding authors who have collaborated in this endeavour represent the highest levels of interaction among scholars, social partners, and EU institutions involved in the European Social Dialogue. This book is the final product of their Brussels conference in October 2002, organised by the Social Law Department of Ghent University. Their deeply informed contributions respond to such probing questions as the following: Does the much-talked-of European social model really exist? Are effective collective agreements feasible under the current EC Treaty? Is the conclusion of collective agreements negotiation or legislation? Can a viable compromise be achieved between the often contradictory aims of competition law and social policy? The discussions include incisive analyses of relevant law and legal theory'pertinent EC Treaty provisions and directives, decisions of the Community's courts, existing and potential collective agreements'as well as declarations of the social partners and from Community institutions. The text of the work programme drawn up by ETUC, UNICE, and CEEP in November 2002 is reproduced in full. For all the contention it arouses, the European Social Dialogue has in fact achieved some real change in social policy and holds great promise for the future. This important book serves as a milestone that allows all concerned practitioners, academics, and policy makers to measure what we have accomplished and to identify the elements we must concentrate upon to ensure continuing progress.

This extensively updated second edition explores how individual European labour law systems combine to produce a distinctly European transnational system.

This unique book offers a comprehensive systematization and overview of the EU´s emerging ‘acquis’ and practice of Collective Labour Law. Although the core aspects of Collective Labour Law lie outside the EU’s competence to regulate, the laws and industrial relations systems of Member States are undoubtedly influenced by the EU, and the involvement of Social Partners, i.e. representatives of employers and workers, is essential for many aspects of EU law and policy.