Friday, June 27, 2008

[IWS] New! THE EUROPEAN SOCIAL DIALOGUE UNDER ARTICLES 138 & 139 OF THE EC TREATY [June 2008]

IWS Documented News Service
_______________________________
Institute for Workplace Studies----------------- Professor Samuel B. Bacharach
School of Industrial & Labor Relations
-------- Director, Institute for Workplace Studies
Cornell University
16 East 34th Street, 4th floor
---------------------- Stuart Basefsky
New York, NY 10016
-------------------------------Director, IWS News Bureau
________________________________________________________________________

Publisher: Wolters Kluwer, Kluwer Law International

The European Social Dialogue Under Articles 138 and 139 of the EC Treaty
by Christian Welz
June 2008,  ISBN 9041127445 ,  ISBN 13: 9789041127440
Hardcover  USD price: $172.00
http://www.kluwerlaw.com/Catalogue/titleinfo.htm?ProdID=9041127445&name=The-European-Social-Dialogue-Under-Articles-138-and-139-of-the-EC-Treaty


The concept of "social dialogue" pervades discussions of labour relations in Europe. In the estimation of many scholars and policymakers, the concept opens the way to an entirely new and potentially transformative paradigm in deliberative democracy. But is the European social dialogue, as it is currently evolving, in fact contributing to a better balance between efficiency, equity, and voice­i.e., to a polity of good governance and a more equitable society? Who are the principals, who are the agents? Are the outcomes it is achieving to be considered successful, or are they disappointing? These are some of the questions addressed in this important new book.

The author, who has extensive experience both in the academic and policy worlds of labour relations law at the EU level, describes, analyses, and assesses the European social dialogue from a combined theoretical and normative perspective. He applies theoretical strands stemming from industrial relations, EC law, and political theory to an understanding and assessment of the genesis, actors, processes, and outcomes of the European social dialogue through 2007, testing some of the leading theories and offering insights as he proceeds. He then investigates whether Articles 138 and 139 EC seem to engender good governance­i.e., whether such indicators as openness, participation, accountability, effectiveness, coherence, democratic legitimacy, and the contribution of the European social dialogue to a more subsidiary and proportionate decision-making at EU level are well-served by the 'practice' dimension of the social dialogue. Relevant EU legislation, European social partners' agreements and ECJ case law are fully taken into account.

In its elaboration of an integrated analytical framework for the European social dialogue, its assessment of whether the European social dialogue constitutes a polity of good governance and its insightful recommendations for improvement and further theory building, this book promises to become a landmark in the evolution of a labour relations theory that is attracting attention far beyond Europe as a global way forward in one of the most fundamental proving areas of the democratic polity.


Table of contents

Contents: Preface.

I. Introduction.

II. The European Social Dialogue under Articles 138 and 139 EC from a Theoretical and Normative Perspective. A. The European Social Dialogue from a Multi-disciplinary Theoretical Perspective: A Polity at the Crossroads. B. The European Social Dialogue from a Normative Perspective: A Form of Good Governance?

III. Actors. 1. European Social Partners. 2. Representativeness of the European Social Partners. 3. European Institutions and Bodies. 4. National Social Partners and Governments. 5. Interim Conclusions: Evaluation of the Actors.

IV. Processes. 1. The Evolution of the European Social Dialogue: From Paris via Val Duchesse to Brussels. 2. European Social Dialogue under Article 138 EC. 3. European Social Dialogue under Article 139 EC. 4. Judicial Review by the European Court of Justice and Dispute Resolution. 5. Interim Conclusions: Evaluation of the Processes.

V. Outcomes: Successes versus Failures.

VI. Conclusion, Assessment and Recommendations. List of Tables and Figures. Abbreviations/Acronyms. Country Codes. Bibliography. Index
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This information is provided to subscribers, friends, faculty, students and alumni of the School of Industrial & Labor Relations (ILR). It is a service of the Institute for Workplace Studies (IWS) in New York City. Stuart Basefsky is responsible for the selection of the contents which is intended to keep researchers, companies, workers, and governments aware of the latest information related to ILR disciplines as it becomes available for the purposes of research, understanding and debate. The content does not reflect the opinions or positions of Cornell University, the School of Industrial & Labor Relations, or that of Mr. Basefsky and should not be construed as such. The service is unique in that it provides the original source documentation, via links, behind the news and research of the day. Use of the information provided is unrestricted. However, it is requested that users acknowledge that the information was found via the IWS Documented News Service.

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Stuart Basefsky                   
Director, IWS News Bureau                
Institute for Workplace Studies 
Cornell/ILR School                        
16 E. 34th Street, 4th Floor             
New York, NY 10016                        
                                   
Telephone: (607) 255-2703                
Fax: (607) 255-9641                       
E-mail: smb6@cornell.edu                  
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