Summary: | 碩士 === 淡江大學 === 歐洲研究所 === 90 === In 1985, European Social Partners had the first Social Dialogue, known as the Val Duchesse Social Dialogue. It was the first and beginning of the formal communication between organizations of employees and employers, and it was the foundation for the talks of social issues. Although, at that time, the three organizations such as UNICE, ETUC, and CEEP were European levels representing the labor unions and the patrons participated, it’s still not enough representing the whole continent. However, it’s the only interest group at large in Europe. Furthermore, with the social organizational development and the on going expansions, to have the representatives join the Pan-Europe Collective Bargaining and lead to the agreement after mutual understanding.
At the earlier stage of the social dialogue, it’s only an organization for parties to reach a mutual agreement. The joint declaration from the mutual agreement was more of a symbolic statements, it did not have the actual legal binding power. However, with the effort putting up by the three groups mentioned above, and support from the European Commission, the process had become more mature system. It was then realized and asserted by the Treaty establishing the European Community, and had included this process. It also had the experiences of negotiation for patrons and employees internationally, and therefore it was one of the important issues for European Social Policy.
In the 90’s, it was the golden period for the process of the Social Dialogue in the European society. After the realization of Maastricht Treaty and Treaty of Amsterdam, it was the lead of the Val Duchesse being formally introduced into the European Union and became the source of bindings. From the Treaty, the “procedure of consultation” and the “legislative procedure” given the social partners a hands-on experience participating the social legislation. It had also added the clarity and legitimacy of the legislative procedure for a supranational organization.
Till now, there are three collective agreements signed by the social partners, and those agreements had become European Union’s Directive. Moreover, the Directive on EWCs had also provided the European social partners an effective way to influence the EU’s legislative procedure. EU social partners had become a quasi-legislator from the old interest group and consultant role. Furthermore, despite what the above mentioned, it’s not an end for the development of the organizational structure. It’s a more important issue of how to let the patrons or employers actively participate the social dialogue and begin the free well communication between the social partners.
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