Regulating social Europe: reality and myth of collective bargaining in the EC legal order

Law of Europe > Europe. Organization and integration law > Regional organization and integration (Europe) > The European Communities. Community law > Labor law. Droit du travail. Arbeitsrecht > Collective bargaining and labor agreements

Edition Details

Creator or Attribution (Responsibility): Antonio Lo Faro
Language: English
Jurisdiction(s): England
Publication Information: Oxford ; Portland, Or. : Hart Pub., 2000
Type: Book
Permalink: http://books.lawlegal.eu/regulating-social-europe-reality-and-myth-of-collective-bargaining-in-the-ec-legal-order/ (Stable identifier)

Additional Format

Online version: Lo Faro, Antonio. Regulating social Europe. Oxford ; Portland, Or.: Hart Pub., 2000 (OCoLC)606314083

Short Description

192 pages ; 24 cm

Purpose and Intended Audience

Useful for students learning an area of law, Regulating social Europe: reality and myth of collective bargaining in the EC legal order is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

Providing references to further research sources: Search

More Options

Bibliographic information

Responsable Person: Antonio Lo Faro ; with translation by Rita Inston.
Publication Date: 2000
Country/State: England
Number of Editions: 12 editions
First edition Date: 2000
Last edition Date: 2000
Languages: English
Library of Congress Code: KJE3056
Dewey Code: 341.763094
ISBN: 1901362906 9781901362909
OCLC: 43674382

Main Contents

Introduction – subject and scenario – defining the framework of the study. Part 1 A “community based on the rule of law”: from the White Paper on completing the internal market to today – apogee and decline of the community harmonisation model; the role of law in the European integration process; labour law and the institutional context – a methodological note. Part 2 Social complexity and regulatory dilemmas in the community system: regulatory deficit and alternatives to legislation – the post-positivist labour law tradition – at the root of the regulatory ILlusion – loss of the epistemic authority of law, an evergreen paradigm – legal pluralism; the peculiar nature of the community legal order – legal sovereignty lost “twice over” – some symptoms of the community harmonisation model's regulatory deficit, “first generation” alternatives – mutual recognition, regulatory competition, standardisation, “second generation” alternatives – the agency model, and in labour law – the “quomodo” of social Europe. Part 3 European collective bargaining – between old systems and new realities: in the beginning there were collective autonomy, pluralism and collective laissez-faire; and on the seventh day the Maastricht Summit created European Collective Bargaining; the “functional singularity” of European Collective Bargaining and interpretative tools – an interim summing up. Part 4 European Collective Bargaining and hermeneutic categories – the need for a new theoretical framework: private law classification of collective agreements and trade union “agency” in the community system; collective autonomy and European Collective Bargaining – the many reasons for an incompatibility – a collective autonomy without employees?; pluralism and collective autonomy in the community system – social pluralism and rationalisation in terms of collective labour law. Part 5 An unhappy alternative: “inconsequential” collective bargaining – the normative function of collective bargaining and the (non-existence of the) principle of freedom of association in the community legal order, a European collective laissez-faire?, state law and the “law” of the industrial relations system, freedom of association and the legal status of collective agreements; “tied” collective bargaining – pre-set limits, and subsequent assessments, legality, representative status, small and medium-sized enterprises, general approval; lessons from experience – Directive 96/34/EC on parental leave, Directive 97/81/EC on part-time work and Directive 99/70/EC on fixed-term work. Part 6 Collective agreements as a resource of the community legal order: “public law” collective agreements and neo-corporatist models in the community system – a still unlikely prospect; collective bargaining as a resource of the community legal order – European collective bargaining as a regulatory resource, European collective bargaining as a legitimacy resource; regulatory techniques and a European social constitution.

Summary Note

This book attempts to conceptualise the function of European collective bargaining by analysing specific Treaty provisions which deal with it.

Regulating social Europe: reality and myth of collective bargaining in the EC legal order

Regulating social Europe: reality and myth of collective bargaining in the EC legal order