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The European Social Dialogue in the Shadow of Hierarchy

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  • SMISMANS, STIJN

Abstract

The European social dialogue provides for the signing of collective agreements between employers’ associations and trade unions organised at the European level. Effectiveness to a great extent depends on the shadow of hierarchy, which is cast by the threat of legislative action and by ensuring implementation of collective agreements through public intervention. The need for the shadow is illustrated by the initial priority given to statutory agreements and the problems of implementation of more recent non-statutory agreements. While the shadow of hierarchy is important to ensure the effectiveness of social dialogue, social dialogue procedures are not characterised by strong principal-agent relationships. In particular, non-statutory agreements stem from a bottom-up private sector-inspired tradition of industrial relations. Even in the case of statutory agreements, the European Commission, as principal, does not appoint the agent and the delegation is implicit rather than explicit. Moreover, successful delegation entirely depends on whether the agents reach agreement between themselves. While the Commission could revoke delegation if Community objectives are not realised and by setting statutory criteria for implementing an agreement, its room for manoeuvre is limited for reasons of political pragmatism.

Suggested Citation

  • Smismans, Stijn, 2008. "The European Social Dialogue in the Shadow of Hierarchy," Journal of Public Policy, Cambridge University Press, vol. 28(1), pages 161-180, April.
  • Handle: RePEc:cup:jnlpup:v:28:y:2008:i:01:p:161-180_00
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    Citations

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    Cited by:

    1. Thomas Prosser, 2015. "Accounting for National and Sectoral Variance in the Implementation of European Social Partner ‘Soft’ Law: The Cases of the Implementation of the Telework and Work-Related Stress Agreements," British Journal of Industrial Relations, London School of Economics, vol. 53(2), pages 254-277, June.
    2. Tanja Börzel, 2010. "European Governance: Negotiation and Competition in the Shadow of Hierarchy," Journal of Common Market Studies, Wiley Blackwell, vol. 48(2), pages 191-219, March.
    3. Mehtap Akgüç & Marta Kahancová & Jaan Masso, 2024. "One-way street to the European Union? Between national and EU-level social dialogue 20 years after eastward EU enlargement," Transfer: European Review of Labour and Research, , vol. 30(1), pages 33-49, February.
    4. repec:ilo:ilowps:453989 is not listed on IDEAS
    5. repec:bla:jcmkts:v:48:y:2010:i::p:191-219 is not listed on IDEAS
    6. Maritta Soininen, 2014. "The Problem of Mismatch in Successful Cross-Sectoral Collaboration," Politics and Governance, Cogitatio Press, vol. 2(2), pages 43-56.
    7. Aranea, Mona & Gooberman, Leon & Hauptmeier, Marco, 2021. "What do European employers' organisations do?," Working Paper Forschungsförderung 226, Hans-Böckler-Stiftung, Düsseldorf.
    8. Pülzl, Helga & Lazdinis, Marius, 2011. "May the Open Method of Coordination be a new instrument for forest policy deliberations in the European Union?," Forest Policy and Economics, Elsevier, vol. 13(6), pages 411-418, July.
    9. Sabrina Weber, 2010. "Sectoral social dialogue at EU level - recent results and implementation challenges," Transfer: European Review of Labour and Research, , vol. 16(4), pages 489-507, November.
    10. Maarten Keune & Paul Marginson, 2013. "Across Boundaries: The Global Challenges Facing Workers and Employment Research 50th Anniversary Special Issue," British Journal of Industrial Relations, London School of Economics, vol. 51(3), pages 473-497, September.
    11. Krzysztof Bandasz, 2014. "A framework agreement in the hairdressing sector," Transfer: European Review of Labour and Research, , vol. 20(4), pages 505-520, November.
    12. Emmanuelle Perin & Evelyne Léonard, 2016. "Soft procedures for hard impacts," Transfer: European Review of Labour and Research, , vol. 22(4), pages 475-490, November.
    13. Marginson, Paul & Keune, Maarten, 2012. "European social dialogue as multi-level governance: Towards more autonomy and new dependencies," European Integration online Papers (EIoP), European Community Studies Association Austria (ECSA-A), vol. 16, February.
    14. Emmanuelle Perin & Evelyne Léonard, 2011. "European sectoral social dialogue and national social partners," Transfer: European Review of Labour and Research, , vol. 17(2), pages 159-168, May.
    15. Stevis, Dimitris., 2010. "International framework agreements and global social dialogue : parameters and prospects," ILO Working Papers 994539893402676, International Labour Organization.

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