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6 - The European Employment Strategy, the open method of coordination and the ‘Lisbon Strategy’

from Section I - Labour law and Europe

Published online by Cambridge University Press:  05 June 2012

Brian Bercusson
Affiliation:
King's College London
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Summary

Introduction: employment policy priority

By the end of the 1980s, the political and economic integration of Europe on a transnational basis was being driven by political decisions creating a Single European Market for goods, services and capital. Labour, however, was the exception. Despite the guarantees of free movement, the economic and political framework for labour markets continued to be national, not European.

The foundations of the post-1945 labour market settlements in the Member States included the overlapping elements of basic labour standards, full employment and a welfare state. The regulation of labour markets in the context of these settlements was undertaken by political authorities and the social partners, organisations of employers and trade unions, to varying degrees in different Member States. Confronted with the emergence of the Single European Market, these foundations of the post-1945 settlements were threatened, and national political authorities and social partners appeared inadequate. The European Union belatedly began to address the question of the legal and institutional architecture required to re-establish these foundations on a European basis: the European ‘social model’.

The emerging legal and institutional architecture included the European social dialogue, embodied in the historic Agreement on Social Policy annexed to the Protocol on Social Policy of the Maastricht Treaty on European Union (TEU), now incorporated into Articles 136–9 of the EC Treaty by the Treaty of Amsterdam. A second major strategy was the adoption of a new Title in the EC Treaty, the Employment Title (Articles 125–30), inserted by the Amsterdam Treaty of 1997.

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Chapter
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European Labour Law , pp. 168 - 197
Publisher: Cambridge University Press
Print publication year: 2009

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References

Sbragia, Alberta M., ‘Shaping a Polity in an Economic and Monetary Union: The EU in Comparative Perspective’, in Martin, A. and Ross, G. (eds.), Euros and Europeans: Monetary Integration and the European Model of Society, Cambridge: Cambridge University Press, 2004, p. 51 at pp. 64–5CrossRefGoogle Scholar
Martin, Andrew, ‘The EMU Macroeconomic Policy Regime and the European Social Model’, in Martin, A. and Ross, G. (eds.), Euros and Europeans: Monetary Integration and the European Model of Society, Cambridge: Cambridge University Press, 2004, p. 20 at p. 48.CrossRefGoogle Scholar
Martin, Andrew and Ross, George, ‘Conclusions’, in Martin, and Ross, (eds.), Euros and Europeans, p. 309 at p. 324.
Zappala, L., ‘The Temporary Agency Workers’ Directive: An Impossible Political Agreement?' (2003) 32 Industrial Law Journal 310 at p. 317Google Scholar
Ingham, Mike and Ingham, Hilary, ‘Enlargement and the European Employment Strategy: Turbulent Times Ahead?’ (2003) 34 Industrial Relations Journal379CrossRefGoogle Scholar
Sciarra, Silvana, Davies, Paul and Freedland, Mark (eds.), Employment Policy and the Regulation of Part-Time Work in the European Union: A Comparative Analysis, Cambridge: Cambridge University Press, 2004CrossRefGoogle Scholar
Hatzopoulos, V., ‘Why the Open Method of Coordination is Bad for You: A Letter to the EU’, (2007) 13 European Law Journal (No. 3, May) 309–42 at p. 310Google Scholar
Schouken, Pauls, Review Article: ‘Europe at Struggle with Social Welfare’, (2007) 13 European Law Journal 424–33 at p. 433.Google Scholar

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