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European Labour Law Lecture 01D

European Labour Law Lecture 01D. 1.6. Legal shape of EU Labour Law. EU Labour law is mainly given the shape of (art. 288 TFEU) - Regulations - Directives - Recommendations - Decisions Employment policy only by Guidelines (art. 148 TFEU) Special aspects of Directives

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European Labour Law Lecture 01D

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  1. European Labour Law Lecture 01D

  2. 1.6. Legal shape of EU Labour Law EU Labour law is mainly given the shape of (art. 288 TFEU) - Regulations - Directives - Recommendations - Decisions Employment policy only by Guidelines (art. 148 TFEU) Special aspects of Directives - Can be implemented by national social partners (Art. 153(3) TFEU (event. Back-up legislation needed) - Some provisions may be directly binding - No binding effect versus non-state parties; procedures possible against the State (Francovitch doctrine) (actual Dutch example)

  3. 1.7 The role of the social partners 1 History 1957-1986 Merely advisory 1986-1992 Start of the Social dialogue 1992- Social dialogue enforced by a legislative role

  4. 1.7 The role of the social partners 2 Substantive rules Art. 154 TFEU – Consultation before legislation Art. 155 TFEU - Agreements Agreements can be implemented (half-autonomous road) Council decision (autonomous road) by national social partners procedures Basic article: Art. 152 TFEU – What additional value?

  5. 1.7 The role of the social partners 3 Harvest until now All-industry agreements Half-autonomous road Autonomous Road - 1996 Parental Leave - 2002 Telework - 1998 Part-time Work - 2004 Stress - 1999 Fixed-term contracts - 2007 Violence/Mobbing - 2010 Inclusive Labour Markets Sectoral agreements - Agreements notably in transport

  6. 1.7 The role of the social partners 4 Meagre harvest because of weak sides - No pressure from strikes (only negative exception in the case of work in the ports - No pressure from the legislator (“bargaining in the shadow of the law”)

  7. 1.7 The role of the social partners 5 The Representativeness Item Traditionally considered as representative at EU level: Employers Trade Unions BusinessEurope (UNICE) ETUC CEEP UEAPME case

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