scholarly journals The Social Dialogue as a Source of EU Legal Acts—Past Performance and Future Perspectives

Author(s):  
Aukje A.H. van Hoek

EU law recognizes the regulatory role of social partners—the bodies representing management and labour—but provides neither a legal nor a fully developed conceptual framework. An output analysis of the texts produced by the social partners demonstrates that they fulfil a variety of functions, both as stakeholders and co-regulators. However, only a small percentage of the documents produced in the European social dialogue have the status of EU collective agreements. It is the latter group which is most interesting from the point of view of regulation. A further analysis tracks the different interactions between EU law and EU collective agreements and highlights the tension between horizontal and vertical subsidiarity created by the REFIT agenda.

Dialogue ◽  
1999 ◽  
Vol 38 (2) ◽  
pp. 297-326
Author(s):  
Stéphane Courtois

AbstractThe general aim of this paper is to question the idea that hermeneutic and critical social sciences have to be conceived as specific embodiments of the scientific enterprise. This idea is rather implicit in Habermas's work, but has its grounds in his thesis about the argumentative unity of all sciences, upheld for the first time in 1973. Such a point of view turns out to be untenable for two reasons. First, the indiscriminating inclusion of the hermeneutic and critical social sciences in scientific enterprise raises problems of consistency with regard to the systematic guidelines of The Theory of Communicative Action. Moreover, the thesis of argumentative unity of the sciences itself is incompatible with Habermas's methodological conception of the role of Verstehen in the social sciences developed in section 1.4 of the book. Finally, the author argues that this conception calls for another understanding of the status and role of the hermeneutic and critical disciplines, which is outlined in some detail.


2021 ◽  
Vol 30 (4) ◽  
pp. 621
Author(s):  
Monika Żuchowska-Grzywacz

<p>The article attempts to present an analysis of the status of the concept of chemisation in selected legal acts at the international, EU and national level, and to outline the legal problems related to chemisation in agriculture. The concept of agricultural chemisation belongs to a conceptual framework of other than law branches of empirical sciences, primarily chemistry, natural sciences and agrotechnics. There is no legal definition and it is dispersed in various legal acts, significantly affecting such areas as environmental protection, food safety, food security, protection of the interests of consumers and agricultural entrepreneurs. Due to the specifics of the study, a dogmatic method was used, which analyzed the research material consisting of selected, key provisions of international and EU law and acts of national law. In order to extend the issues and emphasize the issues that are the subject of the study, the method of content analysis and analysis of documents was used, thanks to which the topicality of the discussed issue and its significant importance from the social point of view were shown. The conducted analysis was aimed at showing and emphasizing the multifaceted and complex nature of the issue.</p>


Author(s):  
Michèle Finck

This chapter introduces the subject of analysis and provides the conceptual framework and the main themes of the book. It introduces the outsider and insider narratives of subnational authorities (SNAs) in EU law and sets out the characteristic features of these two parallel yet opposed narratives. We will observe that while SNAs are outsiders of EU law from a formal point of view, the insider narrative highlights their increasing role in the achievement of EU objectives and the substantive development of supranational law. The concepts of polycentricity and porosity are introduced to assist in framing the multidimensional interactions which occur between different scales of pubic authorities. It is suggested that the paradigm of interconnection is key to any understanding of the contemporary role of SNAs.


2021 ◽  
Vol 3 (4) ◽  
pp. 217-227
Author(s):  
Magdolna Vallasek

"Following the coming into force of the new Social Dialogue Act in 2011, the Romanian collective bargaining system has fundamentally changed due to the restructuring of the levels of collective bargaining and the definition of the representativeness criteria. The collective agreement is the central institution of the collective labour law, the existence or non-existence of it, the content of the agreement being of a real interest for the enforcement of employees’ interest. The new regulation significantly weakened the bargaining power of the social partners, which very soon led to a drastic reduction in the number of the concluded collective agreements. In our study, we try to point out the problematic issues of the Romanian regulation related to the collective agreement, anticipating at the same time the possible new perspectives opened up by the attempt to amend the law."


2018 ◽  
Vol 16 (16) ◽  
pp. 26 ◽  
Author(s):  
Jaroslav Dvorak ◽  
Raita Karnite ◽  
Arvydas Guogis

This article analyzes the characteristic features of social dialogue in the Baltic states. The methodology of the current research is based on an intensive analysis of literature and statistical data. The aim of the present research is to address some gaps that were identified during the literature review. Firstly, why does the social dialogue develop so slowly in the Baltic states? Secondly, what was the role of social partners in that process? We find that the main achievement in social dialogue have been reached by social partners on the national level and, despite the painful austerity measures, the Baltic states showed the benchmark of advanced crisis management.


2017 ◽  
Vol 10 (2) ◽  
pp. 26-33
Author(s):  
Ada Hurbean

The concept of social dialogue is approached differently at international level. According to the definition proposed by the International Labour Organisation, the social dialogue represents the voluntary information, consultation and negotiation act issued in order to negotiate agreements between the social partners or to negotiate collective agreements. As a concept adopted at EU level, the social dialogue, established by the Treaty of Rome in 1957, is a process of continuous information and consultation between unions and employers, so as to reach understandings regarding the control of certain economic and social variables, both in macroeconomic and microeconomic level. No matter how this concept is understanding, the social dialogue is associated with the transition from a culture of conflict to a culture of partnership with consideration of the common interests of the social partners involved in a broader process of “social cooperation”.


2005 ◽  
Vol 11 (4) ◽  
pp. 589-604 ◽  
Author(s):  
Annette Jobert

Forms of territorial social dialogue are developing at the regional or local level in most European countries. This article looks at the challenges facing the trade unions, particularly in France, as a result of this development. The first part examines the reasons for it - decentralisation of the state, changes in local government as well as in production systems - and the reasons why the trade unions are becoming increasingly involved. A second section focuses on a number of different instances of territorial social dialogue that reveal the diversity both of aims and of subjects treated, the wide-ranging public and private players involved and the highly diverse outcomes. The third part asks how these forms of social dialogue affect the unions. Do they represent a means whereby trade unions can extend their influence and strengthen their traditional areas of activity or do they contribute to weakening collective bargaining insofar as they offer less formalised methods of negotiating social outcomes that may detract from the role of the social partners to the benefit of government actors? The view put forward in this article is that the trade unions may well, under certain conditions, stand to gain from involvement in the territorial social dialogue.


Author(s):  
I. Sakharuk ◽  

The article is examining the role of social dialogue and its subjects in promoting the concept of lifelong learning for employees. It has been proven that the development and implementation of lifelong learning systems is a shared responsibility of the social partners – government officials, employers and employees. The bilateral or tripartite social dialogue will ensure a truly integrated approach, that takes into account the interests of all parties and promotes more effective implementation of lifelong learning programs. The main documents of the International Labour Organization about the professional development of employees have been reviewed. Based on their analysis, the author identifies the main tasks and directions of influence of trade unions and employers to ensure continuous training of employees. It is emphasized that the ILO regulates the need for strengthening the social dialogue on professional development, including involvement of the social partners in the development of national strategies in the field of education and training, monitoring trends in competencies etc. Legal basis for the participation of social partners in the formation and implementation of state policy on adult education in Ukraine was determined. Proposals were made to improve national legislation and draft laws in the sphere of professional development of employees to increase the role of trade unions and employers' organizations in promoting the lifelong learning.


Author(s):  
Oksana Galchuk

The theme of illegitimacy Guy de Maupassant evolved in his works this article perceives as one of the factors of the author’s concept of a person and the plane of intersection of the most typical motifs of his short stories. The study of the author’s concept of a person through the prism of polivariability of the motif of a bastard is relevant in today’s revision of traditional values, transformation of the usual social institutions and search for identities, etc. The purpose of the study is to give a definition to the existence specifics of the bastard motif in the Maupassant’s short stories by using historical and literary, comparative, structural methods of analysis as dominant. To do this, I analyze the content, variability and the role of this motive in the formation of the Maupassant’s concept of a person, the author’s innovations in its interpretation from the point of view of literary diachrony. Maupassant interprets the bastard motif in the social, psychological and metaphorical-symbolic sense. For the short stories with the presentation of this motif, I suggest the typology based on the role of it in the structure of the work and the ideological and thematic content: the short stories with a motif-fragment, the ones with the bastard’s leitmotif and the group where the bastard motif becomes a central theme. The Maupassant’s interpretation of the bastard motif combines the general tendencies of its existence in the world’s literary tradition and individual reading. The latter is the result of the author’s understanding of the relevant for the era issues: the transformation of the family model, the interest in the theory of heredity, the strengthening of atheistic sentiments, the growth of frustration in the system of traditional social and moral values etc. This study sets the ground for a prospective analysis of the evolution the bastard motif in the short-story collections of different years or a comparative study of the motif in short stories and novels by Maupassant.


2019 ◽  
pp. 87-95

The article is devoted to the role of Tourism terminology in linguistics and the issue of general classification, peculiarities in the expression and translation of terms related to tourism in English into Uzbek and Russian, as well as the choice of the most optimal methods for translating terms in accordance with the requirements of this professional sphere. The terminology of the English language tourism is distinguished by its brightness, versatility. Tourism terms are formed under the influence of a generalized lexical layer of language and perform a specific functional function.Tourism terms are formed through the affixation method (prefixation, suffixation, circumphixation) and get rich through the process.The terminology of English Tourism is distinguished by its content and structural features, forming a part of the language vocabulary from the linguistic point of view. Texts in the field of Tourism take into their composition concepts of Tourism and interpret them in their content. They will be mainly in the form of advertising, as well as enlighten information about a particular region or place, create informational precedents and ensure their manifestation in the social cultural presence. The relevance of the study of the problems of translation of terms in the field of tourism has been investigated, mainly due to the development of international relations, expansion of cooperation between local and foreign companies, as well as the increase in this area of communication.


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