Università degli Studi di Milano��European Labour Law – prof.ssa Francesca Marinelli�����The Social Dialogue within the EU�����Marco Ferraresi�Professore ordinario di diritto del lavoro �Dipartimento di Giurisprudenza, Università di Pavia�marco.ferraresi@unipv.it�http://iusetlabor.blogspot.com
Employment (individual) labour law���vs.���Collective (trade union) labour law
General importance of trade union law in the States:����- first labour protections came from the action of trade unions���- the role of collective agreement in the sources of law
But in the EU���we are faced with transnational trade union law
A. Lo Faro,��Funzioni e finzioni della contrattazione collettiva comunitaria. �La contrattazione collettiva come risorsa dell’ordinamento giuridico comunitario��Giuffrè, Milano, 1999
National vs. EU trade union law���- In the States, trade unions precede legislators��- In the EU, legislator precedes trade unions
Article 153 TFEU���5. The provisions of this Article shall not apply to pay, the right of association, the right to strike or the right to impose lock-outs.
Social dialogue, i.e.:���the set of EU provisions on relations ��between European-level trade unions of workers and employers ��and ��between these trade unions and the EU institutions ���Artt. 151 ff. TFEU
Maastricht Treaty (1992) – Agreement on Social Policy
Article 152��The Union recognises and promotes the role of the social partners at its level, taking into account the diversity of national systems. It shall facilitate dialogue between the social partners, respecting their autonomy.
Article 154���1. The Commission shall have the task of promoting the consultation of management and labour at Union level and shall take any relevant measure to facilitate their dialogue by ensuring balanced support for the parties.��2. To this end, before submitting proposals in the social policy field, the Commission shall consult management and labour on the possible direction of Union action.��3. If, after such consultation, the Commission considers Union action advisable, it shall consult management and labour on the content of the envisaged proposal. Management and labour shall forward to the Commission an opinion or, where appropriate, a recommendation.��4. On the occasion of the consultation referred to in paragraphs 2 and 3, management and labour may inform the Commission of their wish to initiate the process provided for in Article 155. The duration of this process shall not exceed nine months, unless the management and labour concerned and the Commission decide jointly to extend it.
Article 155���1. Should management and labour so desire, the dialogue between them at Union level may lead to contractual relations, including agreements.��2. Agreements concluded at Union level shall be implemented either in accordance with the procedures and practices specific to management and labour and the Member States or, in matters 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 shall be informed.��The Council shall act unanimously where the agreement in question contains one or more provisions relating to one of the areas for which unanimity is required pursuant to Article 153(2).
«Democratic deficit» in the EU?
TEU: principle of subsidiarity
Autonomus agreements: examples
Agreements and Council decision: examples
Agreements refused by the Commission
Main arguments in Epsu case based on:����- Text of art. 155 TFEU��- EU Commission: power of legislative initiative� �
Examples of autonomous agreements transposed into a EU directive��European Transport Workers’ Federation (ETF), Community of European Railways (CER), 27 gennaio 2004, Agreement on certain aspects of the working conditions of mobile workers engaged in interoperable cross-border services �Directive 2005/47/CE��European Barge Union (EBU), European Skippers Organisation (ESO), European Transport Workers’ Federation (ETF), 15 febbraio 2012, European agreement concerning certain aspects of the organization of working time in inland waterway transport Directive 2014/112/EU
EU Charter of Fundamental Rights
For an agreement to be valid:���«sufficient cumulative representativeness»
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