Data di Pubblicazione:
2012
Citazione:
The Post-national Constellation of Industrial Relations Systems
in the European Legal Order / D. Comandè. - [s.l] : European University Institute, 2012. (EUI WORKING PAPERS MWP)
Abstract:
This paper develops a new interpretation of the norms of the Treaty of Lisbon to find the
juridical basis for an autonomous system of European industrial relations. In particular, the
study explores the question of whether the provisions in EU law (art. 152, 154 and 155 TFEU
and art 28 Charter FSR) could constitute a sufficient basis for granting social parties the
power to regulate sectors under their competence (such as social policy) through collective
bargaining, without the involvement of European institutions. In so doing, the author
advances the hypothesis of an extra-institutional system of rule-making, the efficacy of which
is measurable over time, depending on the agreement’s degree of propagation, outside of the
dual-logic hermeneutic approach (binding vs. non binding).
Despite the as yet only embryonic capacity of trade unions to coordinate among themselves,
the author gives some examples of the autonomous development of European collective
bargaining to support the hypothesis, looking also at the transnational level. In the light of the
theoretical framework and autonomous negotiations, the author argues that there is a new
mode of normative regulation, made by social partners and aimed at achieving social policy
objectives.
Tipologia IRIS:
05 - Volume
Keywords:
Autonomous negotiations; EU law; theoretical framework; extra-institutional system of rule-making; social policy objectives.
Elenco autori:
D. Comandè
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