Social Dialogue 1 (EU)


Social Dialogue 1 (EU) :

According to European Union (EU) treaties and legislation, social dialogue is the term used to describe a joint consultation procedure involving the social partners at European level It involves discussion, joint action and sometimes negotiations between the European social partners, and discussions between the social partners and the EU institutions. Social dialogue and the quality of industrial relations are at the centre of the European social model. At the Laeken (2001) and Barcelona (2002) European Councils and the preceding social summits, the Heads of State or Government, the social partners and the Commission emphasized the role of social dialogue at all levels in promoting modernization and change within the EU and in the candidate countries. Social dialogue was initiated by the European Commission in 1985 (See: Below), and ever since the Single European Act, which came into force in 1987, the Treaty has formally required the Commission to develop dialogue (Article 138-139,TEC). The Commission’s role, in accordance with the EC Treaty, is to “develop dialogue between the social partners at European level, which could, if the two sides consider it desirable, lead to relations based on agreement”. Furthermore, the new title on employment gives the social partners a significant role in the coordinated strategy for employment. That role has been emphasized still further by the recent developments in connection with the European Employment Pact. General evolution. Initiated in 1985, the Val Duchesse social dialogue process aimed to involve the social partners represented by the European Trade Union Confederation (ETUC), the Union of Industries of the European Community (UNICE) and the European Centre of Enterprises with Public Participation and of Enterprises of General Economic Interest (CEEP) in the internal market process. The Council is not represented. These meetings of the Social Dialogue Committee have resulted in a number of joint statements on employment, education and training and other issues. According to the Commission, the importance of this Committee will increase. In October 1991, the UNICE, the ETUC and the CEEP adopted a joint agreement calling for mandatory consultation of the social partners on Commission proposals in the area of social affairs, and an option for negotiation between social partners to lead to framework agreements. This agreement became enshrined in the 1991 Agreement on Social Policy (ASP), which was adopted by all Member States with the exception of the United Kingdom, and annexed to the Maastricht Treaty on European Union (1992). At the national level, the two sides of industry are given the opportunity of implementing directives by way of agreement. At Community level, specific rules are laid down in the ASP The Commission must consult management and labour. Before taking any action in the social policy field. An initial consultation should take place concerning the possible direction of Community action. If, after such consultation, the Commission considers Community action advisable, it will consult management and labour on the content of the envisaged proposal. Management and labour will forward to the Commission an opinion or, where appropriate, a recommendation. Alternatively, they may also inform the Commission of their wish to initiate, independently, a process of negotiation that could lead to the establishment of a direct agreement between the parties. The negotiation process may take up to nine months, and the social partners have the following possibilities: they may conclude an agreement and jointly request the Commission to propose that the Council adopt a decision on implementation; or having concluded an agreement between themselves, they may prefer to implement it in accordance with the procedures and practices specific to management and labour and to the EU Member States; or they may be unable to reach an agreement. In the last case, the Commission will resume work on the proposal in question and will forward the result of its deliberations to the Council

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