The EU and the Industrial Relations Systems – A Critical Appraisal. WP CSDLE “Massimo D’Antona”.INT – 144/2018

Giubboni, Stefano (2018) The EU and the Industrial Relations Systems – A Critical Appraisal. WP CSDLE “Massimo D’Antona”.INT – 144/2018. [Working Paper]

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Abstract

At a quick and rather impressionistic glance, the sources of what can be defined as ‘European Union (EU) industrial relations law’ may appear to disclose a quite strong promotional institutional framework. EU law, at least at first sight, features a number of institutional – and properly promotional – principles concerning the role of social partners and, in particular, of European-level collective bargaining. From a comparative perspective, and even assuming as a point of reference those Member States’ constitutional systems that the ‘variety of capitalism’ approach classifies as ‘coordinated market economies’, such promotional institutional infrastructure is indeed quite unique. Commenting on the EU legal framework consolidated in the Treaty of Lisbon, Bruno Veneziani defined it as an ‘institutional ideal type of auxiliary legislation’, identifying – in the provisions on the role of the social partners within EU institutional mechanisms – at least the seeds of a model of pluralist and participative democracy based on the constitutional guarantee of collective autonomy.

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