European social dialogue
The European social dialogue is the nucleus of a Europe-wide, autonomous social policy of the social partners ( employer / employee ) and an important part of the social policy of the European Union .
The social dialogue is also an instrument of political advice to the European Union before the adoption of new directives or regulations by the European Commission , in which the affected business circles and trade unions are heard. Since the statements can even have the force of law, the social dialogue can even be used as an alternative instrument alongside traditional European legislation through directives and regulations.
The legal basis for the social dialogue at European level can be found in Articles 154 and 155 of the Treaty on the Functioning of the European Union (TFEU) (formerly Articles 138 and 139 of the Treaty establishing the European Community - with amendments).
Legal basis
Art. 154 TFEU
1. The Commission shall be responsible for promoting consultation of the social partners at Community level and shall adopt all appropriate measures to facilitate dialogue between the social partners, while ensuring a fair balance of support for the parties.
(2) To this end, before submitting proposals in the field of social policy, the Commission shall consult the social partners on how Community action, if any, should be organized.
3. If, after this consultation, the Commission considers Community action to be appropriate, it shall consult the social partners on the content of the proposed proposal. The social partners send the Commission an opinion or, where appropriate, a recommendation.
(4) During the hearings referred to in paragraphs 2 and 3, the social partners may inform the Commission that they wish to initiate the process referred to in Article 155. The duration of this process may not exceed nine months, unless the social partners concerned and the Commission jointly decide to extend it.
Art. 155 TFEU
(1) The dialogue between the social partners at Union level may, if they so wish, lead to the establishment of contractual relationships, including the conclusion of agreements.
(2) The agreements concluded at Union level shall be implemented either in accordance with the respective procedures and practices of the social partners and the Member States or - in the areas covered by Article 153 - at the joint request of the signatory parties by a Council decision on a proposal from the Commission. The European Parliament will be informed. The Council shall act unanimously if the agreement concerned contains one or more provisions relating to any of the areas for which unanimity is required under Article 153 (2).
European social dialogue by sector
Around 40 social dialogues had been established by 2013.
chemistry
In December 2002 the social partners of the European chemical industry began to organize a voluntary dialogue at European level. The participants were ECEG ( European Chemical Employers Group , a merger of the national chemical employers ' associations in Europe) and EMCEF ( European Federation of Mining, Chemical and Energy Unions ).
In December 2004 the European Commission formally confirmed the European social partner dialogue for the chemical sector and recognized the leading organizations of the social partner organizations as representative.
At the beginning of 2005, work began in working groups with equal representation.
- Subject of the deliberations were
- Education,
- professional training and lifelong learning,
- Responsible Care,
- Chemicals policy
- competitiveness
- Health and safety.
The working groups meet in the presence of a representative from the European Commission. The results are presented and discussed annually at the European Social Conferences (2005: London, 2006: Krakow).
Since IndustriALL was founded , its branch IndustriALL European Union has been negotiating with ECEG as the successor to EMCEF.
Construction and wood processing
The European Federation of Construction and Woodworkers is a recognized partner for the social dialogue in the construction sector .
Agriculture
Recognized partners of the sectoral social dialogue in agriculture are GEOPA-COPA (employers 'group in the European Farmers' Association) on the employer side and EFFAT (European Federation of Agricultural, Food Processing and Tourism trade unions ) on the employee side . This sectoral social dialogue began in 1964 with the establishment of the "Joint Committee for European Agricultural Workers". Since then, the social partners have signed important agreements to improve the work situation of over 7 million agricultural workers in the EU, such as the 1997 Agreement on Working Time in Agriculture, the Agreement on Vocational Training in 2002 and the Agreement on Musculoskeletal Diseases in 2005.
Security industry
Recognized partners for social dialogue in the security industry are UNI-Europa on the employee side and the Confederation of European Security Services on the employer side.
literature
- Ursula Theiss: The implementation of European social partner agreements at national level. LIT Verlag, Berlin / Hamburg / Münster 2005, ISBN 3-8258-8597-6 .
- Elliot Hofherr: European social policy and the idea of self-regulation. Legal bases, potentials and limits of a European policy field. Hamburg 2013, ISBN 978-3-8428-9607-9 .
swell
- ↑ Treaty on the Functioning of the European Union (As amended by the Lisbon Treaty) Consolidated Version 2008 (PDF)