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The European Social Dialogue Under Articles 138 and 139 of the EC Treaty


ISBN13: 9789041127440
Published: June 2008
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £182.00



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The concept of “social dialogue” pervades discussions of labour relations in Europe. In the estimation of many scholars and policymakers, the concept opens the way to an entirely new and potentially transformative paradigm in deliberative democracy. But is the European social dialogue, as it is currently evolving, in fact contributing to a better balance between efficiency, equity, and voice—i.e., to a polity of good governance and a more equitable society? Who are the principals, who are the agents? Are the outcomes it is achieving to be considered successful, or are they disappointing? These are some of the questions addressed in this important new book.

The author, who has extensive experience both in the academic and policy worlds of labour relations law at the EU level, describes, analyses, and assesses the European social dialogue from a combined theoretical and normative perspective. He 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, testing some of the leading theories and offering insights as he proceeds. He then investigates whether Articles 138 and 139 EC seem to engender good governance—i.e., whether such indicators as openness, participation, accountability, effectiveness, coherence, democratic legitimacy, and the contribution of the European social dialogue to a more subsidiary and proportionate decision-making at EU level are well-served by the ‘practice’ dimension of the social dialogue. Relevant EU legislation, European social partners’ agreements and ECJ case law are fully taken into account.

In its elaboration of an integrated analytical framework for the European social dialogue, its assessment of whether the European social dialogue constitutes a polity of good governance and its insightful recommendations for improvement and further theory building, this book promises to become a landmark in the evolution of a labour relations theory that is attracting attention far beyond Europe as a global way forward in one of the most fundamental proving areas of the democratic polity.

Subjects:
EU Law

Series: Studies in Employment and Social Policy Series

The Sources of Labour Law ISBN 9789403502847
Published December 2019
Kluwer Law International
£115.00
Regulating Strikes in Essential Services: A Comparative 'Law in Action' Perspective ISBN 9789041189974
Published November 2018
Kluwer Law International
£123.00
Sustainable Development, Global Trade and Social Rights ISBN 9789041192356
Published March 2018
Kluwer Law International
£98.00
The Right to Strike: A Comparative View
Edited by: Bernt Waas
ISBN 9789041150073
Published September 2014
Kluwer Law International
£192.00
Non-Public Actors in Social Security Administration: A Comparative Study ISBN 9789041149176
Published October 2013
Kluwer Law International
£140.00
Health and Safety at Work: European and Comparative Perspective ISBN 9789041146618
Published June 2013
Kluwer Law International
£159.00
The Protection of Working Relationships: A Comparative Study ISBN 9789041132895
Published March 2011
Kluwer Law International
£135.00