By Brian Bercusson

ISBN-10: 0511651147

ISBN-13: 9780511651144

ISBN-10: 0521613507

ISBN-13: 9780521613507

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Extra info for European Labour Law (Law in Context), 2nd edition

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EWC agreements under Article 13 reviewed’, European Works Councils Bulletin No. 15, May/June 1998, pp. 8–12. The rush to conclude agreements is indicated by the fact that more than three-quarters of agreements were concluded in the twelve months up to September 1996, and one in three were signed in September 1996 itself. 22 Labour law and Europe For the remaining majority of eligible companies still to negotiate agreements, the delegation to social partners of the power to make agreements is not complete.

Of these, perhaps the best known concerns the competition between Member States and the EU institutions where both have competence to regulate labour matters. 34 A number of examples illustrate this competition as it takes place on different levels of regulation. The range of subjects in these examples – free movement of goods, competition policy, health and safety, multinational enterprises and working time – highlights the scope for the regulatory potential of transnational European labour law.

This stance coupled ‘deregulation’ at domestic level with an equally wholesale policy of exclusion of trade unions. This included both exclusion of trade unions from areas of policy where they had previously been part of tripartite policy-making machinery (such as industrial training and manpower policy), and, more crucially, the reduction and weakening wherever possible of collective bargaining. It is, therefore, ironic that it was this UK blockage of labour legislation at EU level which provided the critical impetus to a transformation in legal strategy for social policy and labour law at EU level: the emergence of a competing regulatory strategy in the form of dialogue between the social partners at European level.

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European Labour Law (Law in Context), 2nd edition by Brian Bercusson


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