Labor Laws and Social Policies in the European Community after 1992

By Stewart, Terence P.; Abellard, Delphine A. | Law and Policy in International Business, Spring 1992 | Go to article overview

Labor Laws and Social Policies in the European Community after 1992


Stewart, Terence P., Abellard, Delphine A., Law and Policy in International Business


TERENCE P. STEWART* DELPHINE A. ABELLARD**

TABLE OF CONTENTS

   Introduction                                                   508
I. Issues                                                         512
   A. Harmonization                                               512
   B. Competitiveness                                             515

II. Legal Instruments in the Fields of Social Policy

    and Labor Law                                                 519
   A. Legislative Process in the EC                               520

1) The Treaty of Rome and the Compromise of

         Luxembourg                                               520
      2) The Single European Act                                  522
         a) Decision-making in the Council of Ministers           523
         b) A Greater Role for the European Parliament
            in the Legislative Process                            526
         c) The European Council                                  529
         d) Delegation of Powers by the Council to the
            Commission                                            529

B. The Treaty of Rome as Amended by the Single European

Act: Legal Basis for Community Action in the

      Social Field                                                530
III. The Dynamics of the European Social Policy                   536
   A. History of the Social Agenda in the EC                      536
   B. From the Social Charter to the Social Action Program        539

1) Genesis of the Social Charter and Accompanying

         Social Action Program                                    539
      2) Nature of the Social Charter                             542
      3) The Principle of Subsidiarity                            543

IV. Substantive Social Rights Set by the Social Charter

and Corresponding Initiatives of the Social

    Action Program                                                544
    A. Freedom of Movement                                        545
    B. Employment and Remuneration                                547
    C. Improvement of Living and Working Conditions               550
    D. Social Protection                                          554
    E. Freedom of Association and Collective Bargaining           555
    F. Vocational Training                                        556
    G. Equal Treatment for Men and Women                          557

H. Information, Consultation, and Participation of

       Workers                                                    561
    I. Health Protection and Safety at the Work Place             566

J. Protection of Children and Adolescents, Elderly Persons,

Disabled Persons 569 V. Political and Economic Interests Involved in

    Shaping the EC Social Dimension                               569
    A. Institutional and Political Interests                      570

1. Role and Power of the Main Actors in Shaping

          the European Social Dimension                           570
          a) The Council of Ministers                             570
          b) The Commission                                       572
          c) The Parliament                                       573
          d) The European Court of Justice                        575
          e) The Economic and Social Committee                    577
       2. The  "Federalism" v. "Subsidiarity" Debate              577
    B. Economic Interests                                         578
       1. The Social Dialogue                                     578

2. Converging and Diverging Interests of Labor and

          Management                                              579
    Conclusion                                                    581
                           INTRODUCTION

Since 1985 the European Community (EC) has been pursuing further economic and political integration. …

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