Collective Bargaining for Self-Employed Workers in Europe

Collective Bargaining for Self-Employed Workers in Europe
Author: Bernd Waas
Publisher: Kluwer Law International B.V.
Total Pages: 480
Release: 2021-02-16
Genre: Law
ISBN: 9403523743

Collective Bargaining for Self-Employed Workers in Europe Approaches to Reconcile Competition Law and Labour Rights Founding Editor: Roger Blanpain General Editor: Frank Hendrickx Edited by Bernd Waas & Christina Hießl The increase in the number of self-employed workers, partially in response to the advent of the platform economy, has raised the spectre of horizontal price-fixing by self-employed members of a profession. This perception, however, is at odds with international labour standards, under which self-employed persons should also be able to conclude collective agreements to some extent. It is now commonplace for companies to offer various forms of non-standard employment that shift risk from the labour engager to the labour provider – which may increase the likelihood of those workers to fall outside the legal concept of ‘employee’ and because of that affects their legal protection. Legal practitioners may then face a dilemma: what may be required under labour law may be prohibited under antitrust law. In the first comprehensive analysis of these intensely debated issues, the authors argue that there is an urgent need to address the current legal puzzle, including through regulatory measures. This must include, in particular, the existing regulation at the level of the European Union (EU), which dominates competition law in the Member States. The book combines an analysis of the supranational framework by experts in labour law as well as competition law with in-depth country reports from Member States of the EU in which regulations and/or practices of collective bargaining for the self-employed exist. Among the many issues discussed in this book are the following: collective bargaining and international labour rights; self-employed individuals and the concept of undertaking in EU competition law; the concept of ‘social dumping’; the importance of the case law of the European Court of Justice; the concept of ‘vulnerability’; competition authorities’ enforcement strategies and priorities; the concept of ‘false self-employed’; and the possible introduction of exemptions, presumptions, safe harbours, or smart regulation solutions in competition law. The book gives an insight into the legal situation in Austria, Belgium, France, Germany, Ireland, Italy, the Netherlands, Poland, Slovenia, Spain, and Sweden. These reports discuss the current practice of collective bargaining and how the current law is reflected in the academic discourse on the right of self-employed people to bargain collectively. This important book, in its presentation of legally sound and effective ways to shape the application of the right to bargain collectively that are attuned to the business and technological realities of the twenty-first century, promotes an understanding of the consequences for current law and practice and offers a basis for a discussion of regulatory measures addressing existing challenges. Practitioners of labour law and competition law, national competition authorities, and other interested parties will benefit from the detailed analysis and extensive findings.

Wage bargaining under the new European Economic Governance

Wage bargaining under the new European Economic Governance
Author: Guy Van Gyes
Publisher: ETUI
Total Pages: 419
Release: 2015-09-28
Genre: Collective bargaining
ISBN: 2874523739

Within the framework of the new European economic governance, neoliberal views on wages have further increased in prominence and have steered various reforms of collective bargaining rules and practices. As the crisis in Europe came to be largely interpreted as a crisis of competitiveness, wages were seen as the core adjustment variable for ‘internal devaluation’, the claim being that competitiveness could be restored through a reduction of labour costs. This book proposes an alternative view according to which wage developments need to be strengthened through a Europe-wide coordinated reconstruction of collective bargaining as a precondition for more sustainable and more inclusive growth in Europe. It contains major research findings from the CAWIE2 – Collectively Agreed Wages in Europe – project, conducted in 2014–2015 for the purpose of discussing and debating the currently dominant policy perspectives on collectively-bargained wage systems under the new European economic governance.

Negotiating the New Europe

Negotiating the New Europe
Author: Dimitris Papadimitriou
Publisher: Routledge
Total Pages: 205
Release: 2018-02-06
Genre: Political Science
ISBN: 1351732773

This title was first published in 2002: Offering a new and challenging perspective on how the European Union (EU) sought to structure its relations with Central and Southeast Europe after the Cold War, this volume draws upon key debates in both politics and international relations. A historically and theoretically informed examination of the EU's engagement in Central and Eastern Europe since 1989, the book combines conceptual rigour with clear empirical analysis, firmly grounding the study of the European Union's current enlargement process in established theoretical perspectives. The book is written in an engaging and accessible way, which will appeal to academics, students and practitioners alike.

European Union Negotiations

European Union Negotiations
Author: Ole Elgström
Publisher: Routledge
Total Pages: 238
Release: 2004-08-02
Genre: Language Arts & Disciplines
ISBN: 1134296215

The EU negotiations differ from traditional international negotiations in several respects and this book presents a detailed analysis of the processes while examining its distinguishing features.

Bargaining on Europe

Bargaining on Europe
Author: Peter T. Marsh
Publisher: Yale University Press
Total Pages: 268
Release: 1999-01-01
Genre: Business & Economics
ISBN: 9780300081039

Marsh describes the rise and fall of this first common market, an initiative that resonates in many intriguing ways with the experience of the European Monetary Union more than a century later."--BOOK JACKET.

Negotiation Theory and the EU

Negotiation Theory and the EU
Author: Andreas Dür
Publisher: Routledge
Total Pages: 161
Release: 2013-10-31
Genre: Political Science
ISBN: 1317983068

Negotiations are central to the ethos and functioning of the European Union, yet the dynamics of EU negotiations have received far too little systematic scholarly attention. This volume offers a thematic and forward-looking survey of cutting-edge research on EU negotiation dynamics, identifying findings to date and setting an empirical and methodological agenda for future research. The chapters by leading international experts address a wide range of critical questions in this area, including: What factors influence negotiation behaviour and outcomes in the EU? How can we explain variation in the choice of negotiation styles? When do actors engage in arguing or bargaining? What are the determinants of bargaining power? What are the institutional foundations of EU negotiations? And what role does the presidency play in EU negotiations? The volume also discusses how the findings of the multi-disciplinary field of ‘negotiation studies’ can inform research on negotiation dynamics in the EU. The volume will be of great interest to established scholars and advanced students of international relations, European integration and governance, and negotiation analysis. This book was based on a special issue of Journal of European Public Policy.

Trading Voices

Trading Voices
Author: Sophie Meunier
Publisher: Princeton University Press
Total Pages: 250
Release: 2005
Genre: Business & Economics
ISBN: 9780691121154

The European Union, the world's foremost trader, is not an easy bargainer to deal with. Its twenty-five member states have relinquished most of their sovereignty in trade to the supranational level, and in international commercial negotiations, such as those conducted under the World Trade Organization, the EU speaks with a "single voice." This single voice has enabled the Brussels-based institution to impact the distributional outcomes of international trade negotiations and shape the global political economy. Trading Voices is the most comprehensive book about the politics of trade policy in the EU and the role of the EU as a central actor in international commercial negotiations. Sophie Meunier explores how this pooling of trade policy-making and external representation affects the EU's bargaining power in international trade talks. Using institutionalist analysis, she argues that its complex institutional procedures and multiple masters have, more than once, forced its trade partners to give in to an EU speaking with a single voice. Through analysis of four transatlantic commercial negotiations over agriculture, public procurement, and civil aviation, Trading Voices explores the politics of international trade bargaining. It also addresses the salient political question of whether efficiency at negotiating comes at the expense of democratic legitimacy. Finally, this book looks at how the EU, with its recent enlargement and proposed constitution, might become an even more formidable rival to the United States in shaping globalization.

The Reuniting of Europe

The Reuniting of Europe
Author: José I. Torreblanca
Publisher: Routledge
Total Pages: 377
Release: 2017-09-20
Genre: Political Science
ISBN: 1351808443

This title was first published in 2001: In 1989, central and Eastern European countries broke free form the Soviet Union and looked upon the European Community to support their 'return to Europe'. Some years later, leaders of the European Community, meeting in Copenhagen in June 1993, endorsed for the first time the membership aspirations of the recently democratized countries of Central and Eastern Europe. This insightful text examines the negotiations, debates, tensions and contradictions behind the process of approximation between the two halves of Europe, both within the EC itself as well as between the EC and the countries of Central and Eastern Europe. The extensive consultation of unpublished internal documents, and a theoretically relevant and well-written analysis, ensures that this book is an indispensable resource for students and researchers of EC/EU relations with Central and Eastern Europe.