Nordic Labor Law and the Internal Market of the European Community
Bruun, Niklas, Scandinavian Studies
A CHANGE IS IN THE AIR for Nordic industrial relations. The Nordic welfare states are at present experiencing considerable financial difficulty. Unemployment rates have increased above all in Sweden and Finland. The non-socialist coalitions in these countries are planning privatization measures and cut-backs in state budgets. The trend towards internationalization, too, will undoubtedly affect the position of the labor movement in Nordic society during the 1990s and beyond. In particular, the institutional framework for internationalization will influence the Nordic labor market system both directly and indirectly. The most important institutional factor is undoubtedly the European Community (EC). Denmark is a member of the EC. Finland, Iceland, Norway, and Sweden have signed the agreement establishing the European Economic Area (EEA) and in all probability will ratify this agreement during 1992. In addition, Finland and Sweden have applied for membership in the EC, and it is not out of the question that Norway will follow suit during 1992.
This article examines the distinctive features of the "Nordic Model" for the regulation of the labor market and the future prospects for this model in an integrated Europe. What challenges to Nordic societies does the internal market of the EC pose? This article deals with that question, omitting Iceland because of its unique labor relations.
THE NORDIC MODEL
The economic and political systems of Denmark, Finland, Norway, and Sweden constitute a relatively uniform model for the regulation of the labor market.(1) When we refer to the labor market, there is justification for speaking of one Nordic Model with special national characteristics in each country.(2) The reason for this lies not only in the relative homogeneity of Nordic societies but also in their systematic and long-standing tradition of cooperation between national authorities and labor market organizations. Consequently, solutions have often been borrowed or copied from neighboring countries at the same time that demands and concessions have been formulated on the basis of joint inter-Nordic discussions. This has been the case despite the fact that the regulation of the labor market has been kept outside the focus of direct Nordic legislative cooperation. What, then, are the common features that permit us to claim that a "Nordic Model" exists? Some important features can be described briefly.
The Nordic labor movement has, practically speaking, unionized all wage-earners in the Nordic countries. With the exception of certain branches, the level of unionization exceeds eighty percent in Denmark, Finland, and Sweden. In these countries, and with some minor exceptions, the unions have a monopoly. In respective sectors of the economy, there is no real rival organization which a dissatisfied member who wishes to leave his or her union might join. When compared with the situation in France, Italy, and some other European countries, the Nordic Model is therefore nonpluralistic and offers no alternatives. The real choice for the wage-earner in the Nordic countries, if any, is between membership and non-membership in the union. In Norway, the situation is somewhat different. The level of unionization is presumably under sixty-five percent, while in some sectors (for example, the oil industry), true rivals to the major Norwegian labor union, "LO," do in fact exist.(3)
From a European perspective, the Nordic labor movement is typified by a high degree of centralization. The central structures of the national unions exercise relatively wide powers and are active in various issues of general interest. Collective agreements are normally made at the federation level. This is the most important decision-making level when it comes to the regulation of the terms of employment and is where policy decisions are made. Local decision-making is clearly subordinate to decision-making bodies on the federation level.(4)
The similarity of Nordic labor movements is heightened by the fact that, in all countries, the Social Democratic labor movement clearly dominates the largest national organizations (the National Organization, LO, in Denmark, Norway, and Sweden; the Central Organization of Finnish Trade Unions, FFC, in Finland). Labor movement politics are also characterized by this fact. In all Nordic countries, the labor movement has, at least during the post-war period, tended towards cooperation and has not been militant. The labor movement's position of strength in government and in parliament has created a positive attitude among labor towards "playing by rules" created on the political level.(5) The basic attitude towards the policy on economic growth--whose goals include an increase in productivity, the rationalization of the economic structure, support for new technology and so on--has been positive. Unions have regarded such measures as necessary for the development of the welfare state and have primarily attempted to mitigate the negative effects that, for example, the rationalization of the economic structure may have on employees. Thus, the Nordic Model is characterized by fixed and stable labor market relationships, a reformist attitude, and a policy of consensus seeking. Nordic central labor organizations are well integrated in state decision-making and their position in the state structure is widely accepted.(6) The "reward" for this has been support from employers for unions and union activity. The "price" has been extensive adjustment to political realities that may have conflicted with the narrow interests of union members.
Features common to labor markets in Nordic countries are not limited to labor organizations. In all Nordic countries the labor market is subject to extensive legal regulation. We can speak of the Nordic labor market as one that has become highly "juridified," (that is, permeated by legal regulations), though to varying degrees.(7)
The similarities on the institutional level are also striking. The framework of the labor market system consists of centrally-directed collective bargaining and a network of local shop stewards. In this respect, the Danish system (which developed first) has, from the beginning of this century, provided the model for at least Sweden and Finland. In all Nordic countries, there is a special labor court with justices who are representatives of the different parties and who decide a number of conflicts in labor law.
Against the background of these phenomena, there is justification for speaking of a Nordic Model. On the other hand, it is clear that the labor market and its regulation have a number of special features within the framework of each country's economic and political traditions. Thus, because of their common legal and administrative traditions, in certain respects Sweden and Finaldn have adopted similar solutions as, for their part, have Denmark and Norway. This has led certain researchers to speak of Eastern (Sweden and Finland) and Western Nordic (Denmark and Norway) traditions in labor law.(8) Doubtless, the division is justified both on the institutional level and in respect of legislative technique and structure.
However, it is also clear that in certain respects--in regards to labor market policy, for example--Norway and Sweden lie close to one another, while Finland and Denmark, lying on the Nordic "periphery," diverge. It would appear that, during the entire post-war period, labor unions have been more conflict- and confrontation-oriented in Finland and Denmark than in Sweden and Norway. In Finland and Denmark, local strikes are common, and a left-wing movement that is more radical in ideology than the Social Democrats has a strong hold on some unions. At the same time, it would seem that in Sweden and Norway the goals and demands of "industrial democracy" are taken seriously, much more so than in Finland and Denmark. Naturally, Denmark's membership in the European Community has resulted recently in the Danish situation taking on certain special features, including the regulation of the labor market. Today, Denmark has several laws on equality, the transfer of business undertakings or part of businesses and so on, designed to adapt to the requirements of the EC.(9)
The Nordic Model for the regulation of the labor market is facing serious challenges and is undergoing reassessment in a Europe where capital is becoming more international, new forms of undertakings are emerging, and an internal market is being established. The concrete way in which these changes are being expressed can be found in the negotiations on new forms for the relationship between the EFTA countries (which include Finland, Iceland, Norway, and Sweden) and the EC. Before embarking on an analysis of the future of the Nordic Model, however, we should briefly look at the main features of the regulation of the labor market within the EC.
THE EUROPEAN COMMUNITY AND THE "SOCIAL DIMENSION"
It is widely known that the EC is primarily an economic organization based on liberal market economy values. This is expressed in many ways by the Treaty of Rome. First, the Treaty of Rome originally dealth with trade policy; the social dimension entered the picture to the extent that one assumed that free trade would result in increased material wellbeing and social improvement. This market economy approach also typifies the four principal freedoms that form the EC's ideological cornerstone: as stated in the Treaty of Rome, "The internal market shall comprise an area without internal frontiers in which the free movement of goods, persons, services, and capital is ensured."(10) Scarcely anyone would say that free movement of labor is the most important goal of social policy. When the Treaty of Rome was drafted, the need for regulation of labor conditions was understood (in the same manner as the principle of equal pay for equal work) as one way of coming to grips with distortions in competition.(11)
The Treaty of Rome contains certain institutional solutions which suggest that the idea of an EC social policy was not foreign to the minds of its drafters. The European Social Fund and the Economic and Social Committee were already established at the outset. Up to the 1970s, however, EC social policy attempted nothing more ambitious than the coordination of social benefits for persons moving from one member state to another.(12)
The picture changed during the 1970s. In 1972, the meeting of EC heads of state or government issued a declaration according to which social policy within the EC should be regarded as important as finance and economics. However, the implementation of the 1974-1976 Social Action Program that followed this change in policy ran into difficulties due to the economic crisis of the mid-1970s. Even so, the program resulted in a number of important legislative measures issued by the EC Council.
The Council has authority to issue regulations and directives.(13) Regulations have general application, are binding in every respect, and are directly applicable in each member state. Directives are binding on any member-state to which they are addressed with regard to the specific result to be achieved. They leave to domestic authorities the determination of administrative forms and means. The following relevant directives in the fields of labor law and equality law can be mentioned from the late 1970s:
* Directive on Equal Pay for Men and Women (75/117; OJL 45/75);
* Directive on Equal Treatment between Men and Women (76/207; OJ L 39/76);
* Directive on Collective Redundancies (75/129; OJL 48/75) (dealing with the obligation to enter into negotiations when dismissals for economic reasons are imminent);
* Directive on Acquired Rights (77/187; OJL 61/77) (dealing with the rights of employees on the transfer of business undertaking or parts of businesses);
* Directive on Insolvency (80/987; OJL 283/80) (dealing with guaranteed wages even if the employer becomes insolvent).
During the 1980s, EC social policy had clearly entered a state of crisis.(14) New legislative action was undertaken only in the fields of labor environmental protection and equality policy. In other areas, new regulations were blocked by the United Kingdom, where the Thatcher government had called for deregulation and flexibility within the framework of the free operation of market forces. Consequently, proposals for directives on part-time and temporary work and flexible retirement did not find their way into legislation.
The program for the establishment of an internal market marked a clear improvement at the beginning of the 1990s in the outlook for EC social policy. At the end of 1989, the EC's Social Charter was adopted. This solemn declaration (which was issued by the meeting of the EC heads of state or government by a vote of eleven in favor and one, the United Kingdom, opposed) establishes a series of fundamental rights for employees. From the legal point of view, the Social Charter is not a binding document in the same sense as a regulation or a directive, but even so, we can expect the declaration to be accorded some importance in the practice of the EC Court of Justice (ECJ).(15)
At about the same time that the EC Social Charter was adopted, the EC Commission agreed on an extensive social action program for the years 1990 through 1992, intended to realize the rights and goals contained in the Social Charter.(16) A number of directives regarding the work environment have been adopted within the framework of this action program. Several directives on labor law have been published or have been announced as being under preparation. Therefore, 1992 might become a year without counterpart in EC history for legislative activity in labor law.
Generally speaking, however, it is not clear how the EC's social dimension will develop. Skeptics point out that the EC has succeeded in creating neither a new institutional framework nor new institutional mechanisms for decision-making regarding social policy.(17) There is, therefore, a risk that regulations will remain largely illusory. This is because experience within the EC shows that the social rights that spring directly from the Treaty of Rome--such as the equality policy and the principle of the free movement of persons--have been able to have an impact within the EC only through the dynamic practice of the EC Court of Justice. In other respects, the legal practice in the field of labor law is heterogeneous and fragmentary, and community-wide rights have only a limited potential impact.(18)
NEGOTIATIONS ON THE EUROPEAN ECONOMIC AREA AND LABOR LAW
Negotiations between EFTA and the EC on the creation of a European Economic Area (EEA) are designed to create an internal market encompassing nineteen countries and almost 400 million people. In this area, EC principles on the free movement of goods, services, capital, and persons are to be guaranteed. These negotiations are also designed to establish extensive cooperation within sectors closely related to the "four freedoms" mentioned above. Examples include research and development, education, protection of the environment, and consumer protection. The EEA Treaty is further designed to provide a framework for joint EFTA-EC decision-making bodies, as well as a framework for monitoring the implementation of decisions jointly taken. The surveillance authority and the court of justice that are to be established under the terms of the agreement, will ultimately ensure compliance with the provisions of the EEA Treaty.
Negotiations on the EEA Treaty led to agreement on a compromise text on 21 October, 1991. The initialing of this text was postponed to await the opinion of the ECJ on the compatibility of the draft EEA Treaty with the provisions of the EEC Treaty. In December, the ECJ took the position that certain problems pertaining to competence of the EEA judicial machinery had yet to be resolved.
The EEA Treaty is expected to be signed during the first half of 1992, after which it must be ratified separately by all the members of EFTA and the EC and by the EC Parliament. The intention is that the EEA Treaty should go into force at the beginning of 1993. It will only enter into force, however, if all nineteen EFTA and EC countries ratify it, and its delay is therefore not out of the question.
Should an agreement be reached on the establishment of a European Economic Area, Nordic labor law would have to be adapted to EC labor law as a whole, although transitional periods of up to two years will apply in some cases. Cooperation between EC and EFTA beyond the four freedoms will also be strengthened and broadened. Thus, from the beginning of 1993, Denmark, Finland, Norway, and Sweden would probably all be in the same position in respect to EC regulation in the labor law field. What effect can this be seen to have on the Nordic Model?
When discussing the future of the Nordic Model in the face of European integration, its prospects can be analyzed on at least two different levels. First, one can analyze the direct effects of the adoption of the EC's acquis communautaire on the content of legislation.(19) As mentioned earlier, Nordic labor law generally fulfills EC requirements. Thus, it is relatively easy through a series of minor amendments to adapt Nordic labor and social legislation to EC standards. Second, on the basis of structural differences between EC and Nordic labor market regulations, it is possible to analyze the impact of the integration process on the prerequisites, principles, and functioning of labor relations under the Nordic Model. In this context, one can also ask what kind of threats integration will pose and what kind of opportunities it might offer, to the Nordic trade union movement. Three sectors where problems may arise in harmonizing the EC regulation with the Nordic Model are first, unions and the system of collective bargaining, second, the policy of equality between the sexes, and third, social security systems.
UNIONS AND THE SYSTEM OF COLLECTIVE BARGAINING
National and local labor organizations play a central role in the Nordic labor market system.(20) Within the framework of different forms of corporative practice, national central labor market organizations exert a clear influence on economic policy and on the decision-making of the state on different issues (social policy, housing policy, employment policy). On the branch level, the role of labor organizations can be seen in the fact that collective bargaining has a fundamental influence on the regulation of employment conditions.
It is probable, however, that the position of labor market organizations would be weakened as a result of the development towards European integration and the free movement of goods, services, and capital. When national economies become more open and financial services, as well as the money market, are liberalized, the national scope for economic policy becomes restricted.(21) Possibilities for national divergence lessen, as does the scope for negotiation between central organizations and the government. An example is Finland, where the labor market organizations have exerted considerable influence on the national level through so-called "central agreements on income policy." The same tendency presumably also applies to the influence that national labor organizations bring to bear on state economic policy. This tendency has been noted in different terms by a number of economists.
On the level of union federations, the development toward European integration would affect the practice with regard to collective agreements.(22) According to article 189 of the Treaty of Rome, national authorities in EC states can themselves select the form and method for implementing EC directives on a national level. Even so, the EC Court of Justice has consistently taken the view that prescriptions or conditions in collective agreements are not a sufficient method for realizing the obligations that EC directives may place on a member state.(23) A member state can enforce a directive through a collective agreement only if that agreement becomes generally applicable through statutory law.
Against this background, it is understandable that the Danish tradition of regulation in labor law has gradually encountered difficulty, following Denmark's entry into the EC. In the Danish tradition, collective agreements play a major role, legislation, a quite limited role; and case-law, customs, and general principles of law, an important role as legal sources. The EC demand that directives be enforced through statutory law has led, however, to a situation where to an increasing degree Denmark has been--and is being--forced to go over to legislative regulation in the field of labor law.
There is also an attempt within the EC to supervise the enforcement of directives. For example, Italy was found guilty before the ECJ of a violation of the directive on transfer of business undertakings or parts of businesses, since in Italy this directive was only enforced through a collective bargin.(24) Apparently, the ECJ has taken the view that member states can freely allow parties to the labor market to pursue the goals of social policy within the field of labor law, but such a transfer of power does not release states from responsibility for guaranteeing that all employees can fully utilize the protection that directives offer. Denmark was found guilty on the grounds that the Danish law on equal wages only required "equal pay for equal work," and not, as stipulated by the directive, "equal pay for work of equal value."(25) The Danish regulation had been adopted on the initiative of the national Danish organizations for employers and employees. The parties to the labor market had been of the view that the principle "equal pay for work of equal value" was to be implemented through collective bargains on a branch-by-branch basis.
The position of national labor organizations is being undermined in many respects by regulations based on EC directives. Organizations cannot negotiate on issues that are regulated in EC directives, and benefits accrue to all employees regardless of their membership in a union or the scope of the collective bargain. Along with the expansion of the scope of statutory law, conflicts are to be settled by general courts that are beyond labor's organizational boundaries.
From the point of view of the regulation of the labor market, a central feature of the Nordic Model has been the strong position of labor organizations in the drafting, development, and implementation of regulation. This feature is apparent, for example, in the way in which job security is regulated. EC regulations, which at present are rapidly expanding in the field of labor law, are changing the situation. It would appear probable, for example, that Denmark will pass a law in the near future on job security, which means that the role of labor organizations will be limited to ensuring that the law is adhered to in the workplace.
Nevertheless, the development outlined above is somewhat equivocal, since the importance of collective bargaining as a method of regulation is emphasized both in the EC Social Charter and in the social action program related to it. The latter specifically states that the EC Commission, when selecting its legal instruments, must ensure that the proposal can be enforced in the form of either laws or collective agreements so that the parties in the labor market can play an active role and to ensure that the proposal is adapted to special circumstances.(26)
EQUAL TREATMENT FOR MEN AND WOMEN
The EC has generated enormous goodwill because of its legislation on equality between the sexes. This has not been undeserved. In promoting equality, the EC has clearly gone further than individual EC countries in safeguarding women's interests. The role of the ECJ has been dynamic, which cannot be said of the domestic courts in a great number of European countries.
The problem within the EC, however, is that equality has not been made an integrated part of economic policy. On the contrary, the regulation of equality is, to a certain extent, marginal and secondary. As a result, when the economy perpetuates sexually discriminating structures, equality policy cannot correct the situation but remains instead within a limited and marginalized normative field.(27) The principle of equal pay for work of equal value, for example, is far from implemented in the EC.
Certain other problems arise which are connected with the poor position of women in the EC labor market vis-a-vis their position in the Nordic countries.(28) The family-oriented social policy of the EC, which is based on the implicit presumption that the male head of the family bears responsibility for his wife and children, poses problems for Nordic countries. Although, Nordic countries can gain some small improvements of their law on the normative level, adaptation to the social policy of the EC would lead to an indirect deterioration of the equality policy for the Nordic countries. The fact is that the position of women is more advanced in all Nordic countries than in any of the EC countries. This is verified by all criteria, be it the proportion and influence of women in the labor market, in politics, in administration or academic life, or in their status in legislation.(29) Membership in the EC might also be one more factor threatening the maintenance of the extensive Nordic public service sector. There is reason to believe that several elements of EC integration will result in pressure towards lower tax-rates and a smaller public sector. When one considers that to a large extent the female labor force is to be found in this sector, this development could have serious implications for equality between men and women.
THE SOCIAL SECURITY SYSTEM
At the time that the Treaty of Rome was adopted, a tradition of international regulation of social security already existed. The six original member states of the EC alone had almost eighty bilateral agreements on social security.(30)
For this reason, it was natural that the Treaty of Rome included provisions on social security. The point of departure, enunciated in article 51, was that the EC would regulate and coordinate social security so that the principle of the free movement of labor could be realized in full. In other respects, the assumption has been that social security is primarily a domestic issue for member states, even though harmonization does constitute some type of long-term goal. The social security policy of the EC thus primarily involves coordination. EC regulations do not place any requirements on the level or contents of social security and do not have the (direct) goal of harmonizing (for example) the amount of retirement benefits to be paid.(31) Against this background, coordination within the framework of an EEA treaty for a system for social benefits in Finland, Norway, and Sweden and the EC countries may appear quite unproblematic.
Such, however, is not the case. The reason is that the continental model for social security, which serves as the basis for EC regulations, differs in many respect from the Nordic Model.(32) The main difference is that the Nordic Model is based on universality; the subjects of social policy obtain residency as individuals and not as employees or as wage-earners, as is the case within the EC. In Nordic countries, family members primarily have individual rights, while in the EC their rights stem from their work as a wage-earner or a self-employed person. The EC model guarantees social benefits to EC citizens in the country where they work. The Nordic Model is based on the territoriality (domicile) principle, according to which those who live in a country should have the right to social benefits regardless of their citizenship.
Generally speaking, the Nordic countries have less disparity in levels of income and a clearly smaller proportion of poor people than do their EC counterparts. In other words, they have fewer people whose income is less than one half the national average. If one accepts this as the criterion of poverty, then the EC countries have forty-four million poor people, or fourteen percent of their population, while the corresponding proportion in Finland is five percent, and perhaps even lower in Norway and Sweden.(33) This can be seen against the background that, in the Nordic countries, the right to social security applies to all residents in their capacity as individuals (in other words, to all persons who have a permanent residence in a Nordic country), for the most part independent of their family relationships, citizenship, or employment. In EC countries, this right is connected with employment, which means that those who are outside of the labor force must derive their right to social security from a family member who is, or has been, employed. In the Nordic countries, the elimination, to a large extent, of such a link between employment and social security has led to a situation where there is a better possibility of providing fundamental protection for all residents. The best example of this is the Nordic system of retirement benefits. Finland has presumably developed this system the furthest. Finnish medical insurance and parent insurance compensates loss of income even for those who have not had any income from employment to speak of.
This brief presentation shows that the Nordic Model of labor law and corporate decision-making faces complex problems if the EEA arrangement comes to pass or if any additional Nordic countries become full EC members.
However, the development towards European integration can provide a number of opportunities for the Nordic countries to join together in developing certain features of the Nordic Model so that it becomes, at least to some extent, the framework for a social policy wherein human resources and the advancement of knowledge (vocational training) have a central position and competition is given a constructive orientation. The development of the EC also might open new possibilities for the trade union movement to achieve cross-border collective agreements, European framework agreements, or agreements within groups of companies.
(1) Lars Mjoset, ed., Norden dagen derpa (Oslo: Universitetsforlaget, 1986); Pekka Kosonen, Hyvinvointivaltion haasteet (Mantta: Vastapaino, 1987). See also Nils Elvander, Skandinavisk arbetarrorelse (Stockholm: Liber, 1980), even though this work does not encompass Finland.
(2) Niklas Bruun et al., Den nordiska modellen. Fackforeningarna och arbetsratteni Norden--nu och i framtiden (Malmo: Liber, 1990) 17ff.
(3) Gudmund Hernes, "The Dilemmas of Social Democracies: The Case of Norway and Sweden," Acta Sosiologica. Journal of the Scandinavian Sociological Association, 34.4 (1991) 239ff.
(4) James Fulcher, Labor Movements, Employers and the State: Conflict and Co-operation in Britain and Sweden (Oxford: Clarendon, 1991) 188ff.
(5) Mjoset 31 6ff. Mjoset provides statistics on the strength of the various political groups in the Nordic countries during the post-war period. Also non-Nordic observers, when providing a comparative international perspective, normally emphasize the cooperative ideology of the Nordic labor movements; see, for example, Clyde W. Summers, "Comparisons in Labor Law: Sweden and the United States," Svensk Juristtidning (1983) 589ff.
(6) See, for example, Jonsson's recent study describing the situation in Sweden: Rolf Jonsson, Fackligt inflytande och politisk demokrati (Lund: Kommunfakta, 1989) 140ff. Regarding Norway, see Gudmund Hernes, ed., Forhandlingsokonomi og blandingsadministrasjon (Oslo: Universitetsforlaget, 1978) 66ff. Regarding Finland, see Kaarlo Tuori, Valtionhallinnon sivuelinorganisaatiosta I (Vammala: Suomalainen lakimiesyhdistys Asarja, 1983) 371ff.
(7) Regarding the concept of juridification, see Niklas Bruun, Arbetslivets juridifiering--perspektiv pa den finska utvecklingen (Helsinki: Juridisk foreningen i Finland, 1987) 136ff.; Niklas Bruun, "Retliggorelse och flexibilisering" in Ellen Margrethe Basse, ed., Regulering og styrning--en juridisk teori og metodebog (Kobenhavn: G. E. C. Gad, 1989) 157ff.; and Hakan Goransson, Kollektivavtalet som fredspliktinstrument (Stockholm: Juristforlaget, 1988) 401ff.
(8) Tore Sigeman, Nordiska juristmotet 1987.2 (Vammala: n.p., 1988) 392. See also Niels Elvander, ed., Forhandlingssystem, inkomstpolitik och arbetskonfikter i Norden (Stockholm: Norstedts, 1988) 151.
(9) See Ruth Nielsen, EF-arbejdsret (Kobenhavn: Jurist- og okonomforbundets forlag, 1989) 13ff.
(10) Treaty of Rome, article 8a paragraph 2.
(11) Ruth Nielsen and Erika Szyszczak, The Social Dimension of the European Community, Series G.16 (Copenhagen: Copenhagen Business School Law Department, 1991) 15ff.; Erika Szyszczak, "European Social Space" in Seppo Laakso, ed., Euroopean integraatio ja Suomen oikeus (Jyvaskyla: Gummerus, 1991).
(12) For a more detailed analysis, see Chris Brewster and Paul Teague, European Community Social Policy: Its Impact on the UK (London: Institute of Personnel Management, 1989) 51ff.; Kare Hagen, Nasjonalstat, velferdspolitikk og europeisk integration, FAFO-rapport 104 (Oslo: n.p., 1990) 79ff.
(13) Treaty of Rome, article 189.
(14) See Bob Hepple, "The Crisis of EEC Labor Law," Industrial Law Journal 16 (1987) 80ff.
(15) See Elianne Vogel-Polsky, "What Future Is There for a Social Europe Following the Strasbourg Summit?" Industrial Law Journal 19.2 (1990) 77ff.; and Ruth Nielsen, Tidsskrift for Rettsvitenskab (1990) 577ff.
(16) COM (89) 568 Final, Brussels, 5 December 1989: "Communication from the Commission Concerning its Action Program in the Field of Employment, Industrial Relations, Social Affairs and Training."
(17) Szyszczak 116ff.; Bernd Schulte,"'...und fur den Arbeitsnehmer wenig order nichts'? Sozialpolitik und Sozialrecht in den Europaischen Gemeinschaften," Kritische Justiz (1990) 79ff.
(18) Nielsen and Szyszczak 30ff.
(19) Acquis communitaire is the EC-legislation that has emerged from the effort to guarantee the free movement of goods, services, capital, and persons within the Community.
(20) Bruun et al. 17ff.
(21) See Finland och den europeiska ekonomiska sfaren (Helsingfors: Statens tryckericentral, 1990) 14.
(22) For more on this, see Nielsen 40ff.; Bruun et al. 312ff.
(23) See ECJ Case 102/1979, ECJ Case 145/1982 and ECJ Case 29/1984.
(24) EC Commission v. Italy, ECJ Case 91/1981.
(25) EC Commission v. Kingdom of Denmark, ECJ Case 1431/1983.
(26) See COM (89) 568, Introduction, 4.
(27) Sibylle Raasch, "Perspektiven fur die Gleichberechtigung der Frau im EG-Binnenmarkt 92," Kritische Justiz (1990) 62-78.
(28) Inga Persson, "Kvinnorna pa arbetsmarknaden i Sverige och EG," in Ake Dahlberg and Mats Johansson, eds., Att arbeta i Europa (Stockholm: Allmanna forlaget, 1990) 138ff.
(29) See Tuomioja Erkki, Europe and the Nordic Fringe (Vaasa: n.p., 1991) 36.
(30) Brewster-Teague 64.
(31) See, however, article 24 of the "Social Charter" (The Community Charter of Fundamental Social Rights of Workers), according to which every retired employee is to be guaranteed a reasonable standard of living.
(32) See Hagen 34.
(33) Pekka Kosonen, Oikeus (1990) 238.…