Social dialogue in the European Union

Abstract

The study first describes the legal framework and the various levels of social dialogue in the EU, culminating in recent years with the integration of these practices into the European Semester, which has been strengthened by the adoption of the European Pillar of Social Rights. The second part examines social dialogue as an instrument for the development of the social law UE and as a regulatory instrument through collective bargaining (Articles 154 and 155 TFEU). This framework recognizes the power of social partners to conduct negotiations for the approval of collective agreements. The study highlights the problems of the legal effectiveness of these “autonomous” agreements, as well as the flexibility of this source of legal production. The study also examines the singularity of the effectiveness of these agreements through a Council “decision”. The rules governing the representativeness of social partners as an integrating element of social dialogue are analyzed. Finally, it is concluded that, with the nuances one may wish, it is a fact that collective bargaining has become part of the sources of EU law and has contributed to the development of derived social law in recent decades. Keywords: social dialogue, collective bargaining, social rights, representativeness social partners.