SlideShare une entreprise Scribd logo
1  sur  29
Télécharger pour lire hors ligne
The capacity to negotiate agreements
of the European Social Partners
Christian Welz, Eurofound
ETUC - European Social Dialogue Academy, 16 May 2017
2
Objectives, background, method
Key findings
A short text analysis
Conclusions and policy pointers
1
2
3
4
3
- key questions of the project are
- Do EU-level social partners – at cross industry and
sectoral level – have the capacity to negotiate and
enter into contractual relations including
agreements, as foreseen in article 155 TFEU?
- How are they mandated to do so?
- Where is this documented?
4
- the Commission (EC) first used capacity to negotiate
in its 1993 COM
- “organisations (which) are potentially eligible to be
consulted” under Articles 154 TFEU must:
- consist of organizations, which are themselves an
integral and recognised part of Member State
social partner structures and with the capacity to
negotiate agreements, and which are
representative of all Member States, as far as
possible (EC, 1993).”
5
- In 1994 the EP proposed to the following condition:
- “eligible organisations should have a mandate from their
members to represent them in the context of the Community
social dialogue and are to demonstrate their representativity.”
- 1997 Opinion the EESC reiterated that representative
organisations
- “(…) must have a mandate from its member organizations to
negotiate at European level.”
6
- 27.06.16 the Presidency of the Council, the EC and
the European Social Partners signed a quadripartite
statement 'new start for social dialogue'.
- “The cross-industry and sectoral social partners
will (…) improve membership and
representativeness of both trade unions and
employers’ organisations, and ensure that there is
capacity to enter into negotiations with an
appropriate mandate.”
7
- research into public sources such as the
statutes and bye-laws of the European social
partners (110 documents) as well as
academic literature and documents of the EU
institutions and social partners
- complemented by an email questionnaire
directed to the relevant organisations
8
Key findings
1
2
3
4
9
10
11
12
13
14
mandate statutory non-statutory ad hoc / other procedures ad hoc / other procedures
employers
BUSINESSEUROPE
EBF
European Broadcasting Union
European Club Association
ECEG
EFEE
Eurociett/World Employment
Confederation-Europe
HOSPEM
UEPG
CEEP
UEAPME
ECEG
EFEE
GEOPA-COPA
IMA Europe
Insurance Europe
AER
CANSO
CEC
CEEMET
CEI-Bois
CER
CoESS
Coiffure EU
Confederation of European
Paper Industries
COTANCE
EACB
EBF
ECSA
EFCI
EPFL
ERA
ESBG
ESO
ETNO
ESPO
Euracoal
EURATEX
EURELECTRIC
EuroCommerce
EUROFER
EUROGAS
EUROMINES
European Barge Union
European Coordination
of Independent Producers
EUROPECHE
FEPORT
FIAPF
FIEC
FoodDrinkEurope
FoodServiceEurope
HORTREC
Intergraf
IRU
PEARLE*
Posteurop
SEA Europe
UEA
15
trade unions
ETUC
EUROCADRES
EAEA
EFBWW
EFFAT
EPSU
ETF
FifPRO
industriALL
UNI
EFBWW
EFATT
ETF
CEC
EUROCADRES
ECA
CESI
EFBWW
FIA
FIM
total employers
9 7 42
total trade unions
10 3 7
total
19 10 49
mandate statutory non-statutory ad hoc / other procedures
16
● Article 5 of the statutes (29.11.2016)
“(…) has a mandate from its members to engage in a permanent and
constructive social dialogue at the European level (…). Moreover, to
negotiate, agree on and sign formal joint statements and agreements with
those and/or other relevant European organizations and/or European Union
institutions (…).”
● Article 1 of the ECEG by-laws
“(…) the opinion (…) to legislate or to search for a European agreement
(…) shall be prepared by the Secretariat together with the Steering
Committee and the relevant Expert Groups and approved by the General
Assembly (….)
(…) a mandate to start the negotiations is given to the delegation
approved by the General Assembly; (…) this mandate explains the object
of these negotiations.”
17
● Article 21 of the statutes (16/05/2012)
the Executive Committee “(…) give mandates and
make decisions according to the mandate procedure (cf.
rules laid down in Appendix II)
● Appendix II contains very detailed provisions on the
mandating procedure, the negotiations, information and
consultation duty towards affiliates, the adoption of
texts, what happens if no agreement is reached and the
implementation of agreements
18
9
14 139 95
50
52
40
20
9
10
497
Autonomous agreements Agreements Council Decision Declarations
Tools Procedural texts Follow-up reports
Guidelines Policy Orientations Codes of conduct
Framework of actions Joint opinions
19
20
21
1
7
4
1
consensus
2/3 majority
simple majority
90%
0 2 4 6 8
consensus 2/3 majority simple majority 90%
22
A short text analysis
1
2
3
4
23
24
term no. documents total references
negotiate 38 205
implementation 37 72
social dialogue 36 163
ratification 19 27
sectoral social dialogue 13 39
collective bargaining 12 22
industrial relations 9 17
representativeness 5 7
capacity to negotiate 4 6
collective agreement(s) 3 16
European collective agreements 3 5
framework agreement(s) 2 2
labour agreements 1 1
binding declarations 1 1
contractual relations 1 1
25
Conclusions and policy pointers
1
2
3
4
26
● 36/87 organisations make their statutes available on their
home page
 the European social partners could seek for
more transparency;
● 24/87 organisations have a statutory and/or non-statutory
mandate
 in line with the statement of 27 June 2016
the EU social partners could strive to
“ (…) ensure that there is capacity to enter into
negotiations with an appropriate mandate;”
27
● 9 employers associations and 2 industry federations
have a statutory and/or non-statutory mandate, but did
not sign an agreement to date
 there might be room for more initiatives from
both sides of the industry
● notions linked to the capacity to negotiate, mandate
and ratification procedures and are not frequent in the
statutes
 the European social partners might want to
discuss this situation
28
● the statutes of 13 of the 24 mandated social partners include a
ratification procedure
 the European social partners might want to discuss to
include such procedures to render the European social
dialogue more efficient and effective
● the current project has rather closely mapped the existence of
statutory and non-statutory documents on the basis of the
documents provided
 there is room to further analyse whether or not more ad
hoc mandates are in place and what their precise nature is
29
christian.welz@eurofound.europa.eu
ph. + 353-1- 204 32 54

Contenu connexe

Similaire à Capacity of the EU social partners to negotiate

Public and Corporate Governance - A brief comparison
Public and Corporate Governance - A brief comparisonPublic and Corporate Governance - A brief comparison
Public and Corporate Governance - A brief comparisonViviane de Beaufort
 
Social dialogue - Representativeness of Social Partners in the European Secto...
Social dialogue - Representativeness of Social Partners in the European Secto...Social dialogue - Representativeness of Social Partners in the European Secto...
Social dialogue - Representativeness of Social Partners in the European Secto...Eurofound
 
Bozza paola slide valencia eng
Bozza paola slide valencia engBozza paola slide valencia eng
Bozza paola slide valencia engpaolavinciguerra
 
02 the present eu institutional framework
02 the present eu institutional framework 02 the present eu institutional framework
02 the present eu institutional framework karolinyeszter
 
EESC - Meeting with the representatives of civil society from moldova and ukr...
EESC - Meeting with the representatives of civil society from moldova and ukr...EESC - Meeting with the representatives of civil society from moldova and ukr...
EESC - Meeting with the representatives of civil society from moldova and ukr...Alianta INFONET
 
Mapping key dimensions of industrial relations
Mapping key dimensions of industrial relationsMapping key dimensions of industrial relations
Mapping key dimensions of industrial relationsEurofound
 
Competition Law and Standard Essential Patents: Testing the Limits of Extra-t...
Competition Law and Standard Essential Patents: Testing the Limits of Extra-t...Competition Law and Standard Essential Patents: Testing the Limits of Extra-t...
Competition Law and Standard Essential Patents: Testing the Limits of Extra-t...Florence Competition Programme
 
Social dialogue - European social dialogue - 30 Years of European social dial...
Social dialogue - European social dialogue - 30 Years of European social dial...Social dialogue - European social dialogue - 30 Years of European social dial...
Social dialogue - European social dialogue - 30 Years of European social dial...Eurofound
 
CaseStudy_ArnaudCayrafourcq_230615
CaseStudy_ArnaudCayrafourcq_230615CaseStudy_ArnaudCayrafourcq_230615
CaseStudy_ArnaudCayrafourcq_230615Arnaud Cayrafourcq
 
The Impact Of The Racial Equality Directive
The Impact Of The Racial Equality DirectiveThe Impact Of The Racial Equality Directive
The Impact Of The Racial Equality DirectiveThomas Müller
 
CCBE : Contribution aux assises de la Justice
CCBE : Contribution aux assises de la JusticeCCBE : Contribution aux assises de la Justice
CCBE : Contribution aux assises de la JusticeJLMB
 
Material for a training seminar on EU institutions and alcohol policy
Material for a training seminar on EU institutions and alcohol policyMaterial for a training seminar on EU institutions and alcohol policy
Material for a training seminar on EU institutions and alcohol policytamsin.rose
 
02 the present eu institutional framework
02 the present eu institutional framework02 the present eu institutional framework
02 the present eu institutional frameworkkarolinyeszter
 
FP7 Overview (March 2007)
FP7 Overview (March 2007)FP7 Overview (March 2007)
FP7 Overview (March 2007)CPN_Africa
 
Social Dialogue - Thirty years of European social dialogue: more myth than r...
Social Dialogue  - Thirty years of European social dialogue: more myth than r...Social Dialogue  - Thirty years of European social dialogue: more myth than r...
Social Dialogue - Thirty years of European social dialogue: more myth than r...Eurofound
 
The Issue Of Supremacy Between The Eu And The National Law
The Issue Of Supremacy Between The Eu And The National LawThe Issue Of Supremacy Between The Eu And The National Law
The Issue Of Supremacy Between The Eu And The National LawKristen Lee
 

Similaire à Capacity of the EU social partners to negotiate (20)

Public and Corporate Governance - A brief comparison
Public and Corporate Governance - A brief comparisonPublic and Corporate Governance - A brief comparison
Public and Corporate Governance - A brief comparison
 
Social dialogue - Representativeness of Social Partners in the European Secto...
Social dialogue - Representativeness of Social Partners in the European Secto...Social dialogue - Representativeness of Social Partners in the European Secto...
Social dialogue - Representativeness of Social Partners in the European Secto...
 
Dizionario CAE
Dizionario CAEDizionario CAE
Dizionario CAE
 
Bozza paola slide valencia eng
Bozza paola slide valencia engBozza paola slide valencia eng
Bozza paola slide valencia eng
 
02 the present eu institutional framework
02 the present eu institutional framework 02 the present eu institutional framework
02 the present eu institutional framework
 
EESC - Meeting with the representatives of civil society from moldova and ukr...
EESC - Meeting with the representatives of civil society from moldova and ukr...EESC - Meeting with the representatives of civil society from moldova and ukr...
EESC - Meeting with the representatives of civil society from moldova and ukr...
 
Mapping key dimensions of industrial relations
Mapping key dimensions of industrial relationsMapping key dimensions of industrial relations
Mapping key dimensions of industrial relations
 
Book In English
Book In EnglishBook In English
Book In English
 
Competition Law and Standard Essential Patents: Testing the Limits of Extra-t...
Competition Law and Standard Essential Patents: Testing the Limits of Extra-t...Competition Law and Standard Essential Patents: Testing the Limits of Extra-t...
Competition Law and Standard Essential Patents: Testing the Limits of Extra-t...
 
Social dialogue - European social dialogue - 30 Years of European social dial...
Social dialogue - European social dialogue - 30 Years of European social dial...Social dialogue - European social dialogue - 30 Years of European social dial...
Social dialogue - European social dialogue - 30 Years of European social dial...
 
CaseStudy_ArnaudCayrafourcq_230615
CaseStudy_ArnaudCayrafourcq_230615CaseStudy_ArnaudCayrafourcq_230615
CaseStudy_ArnaudCayrafourcq_230615
 
The Impact Of The Racial Equality Directive
The Impact Of The Racial Equality DirectiveThe Impact Of The Racial Equality Directive
The Impact Of The Racial Equality Directive
 
Unit 7 M2
Unit 7 M2Unit 7 M2
Unit 7 M2
 
CCBE : Contribution aux assises de la Justice
CCBE : Contribution aux assises de la JusticeCCBE : Contribution aux assises de la Justice
CCBE : Contribution aux assises de la Justice
 
Material for a training seminar on EU institutions and alcohol policy
Material for a training seminar on EU institutions and alcohol policyMaterial for a training seminar on EU institutions and alcohol policy
Material for a training seminar on EU institutions and alcohol policy
 
02 the present eu institutional framework
02 the present eu institutional framework02 the present eu institutional framework
02 the present eu institutional framework
 
FP7 Overview (March 2007)
FP7 Overview (March 2007)FP7 Overview (March 2007)
FP7 Overview (March 2007)
 
Social Dialogue - Thirty years of European social dialogue: more myth than r...
Social Dialogue  - Thirty years of European social dialogue: more myth than r...Social Dialogue  - Thirty years of European social dialogue: more myth than r...
Social Dialogue - Thirty years of European social dialogue: more myth than r...
 
The Issue Of Supremacy Between The Eu And The National Law
The Issue Of Supremacy Between The Eu And The National LawThe Issue Of Supremacy Between The Eu And The National Law
The Issue Of Supremacy Between The Eu And The National Law
 
Agenda, SIGMA Public procurement review bodies conference, Ohrid 9 June 2016
Agenda, SIGMA Public procurement review bodies conference, Ohrid 9 June 2016Agenda, SIGMA Public procurement review bodies conference, Ohrid 9 June 2016
Agenda, SIGMA Public procurement review bodies conference, Ohrid 9 June 2016
 

Plus de Eurofound

Employment relations in Europe: varieties and change
Employment relations in Europe: varieties and changeEmployment relations in Europe: varieties and change
Employment relations in Europe: varieties and changeEurofound
 
Mapping varieties of industrial relations: Eurofound's conceptual framework a...
Mapping varieties of industrial relations: Eurofound's conceptual framework a...Mapping varieties of industrial relations: Eurofound's conceptual framework a...
Mapping varieties of industrial relations: Eurofound's conceptual framework a...Eurofound
 
The application of the conceptual framework on key dimensions in industrial r...
The application of the conceptual framework on key dimensions in industrial r...The application of the conceptual framework on key dimensions in industrial r...
The application of the conceptual framework on key dimensions in industrial r...Eurofound
 
Varities of Industrial Relations in Europe - 2017
Varities of Industrial Relations in Europe - 2017Varities of Industrial Relations in Europe - 2017
Varities of Industrial Relations in Europe - 2017Eurofound
 
State of play of industrial relations in Europe - 2016
State of play of industrial relations in Europe - 2016State of play of industrial relations in Europe - 2016
State of play of industrial relations in Europe - 2016Eurofound
 
Varieties of Industrial Relations in Europe _ 2016
Varieties of Industrial Relations in Europe  _  2016Varieties of Industrial Relations in Europe  _  2016
Varieties of Industrial Relations in Europe _ 2016Eurofound
 
Mapping key dimensions of industrial relations - 2016
Mapping key dimensions of industrial relations - 2016Mapping key dimensions of industrial relations - 2016
Mapping key dimensions of industrial relations - 2016Eurofound
 
Role of the social partners in the European Semester
Role of the social partners in the European SemesterRole of the social partners in the European Semester
Role of the social partners in the European SemesterEurofound
 
Mapping key dimensions of industrial relations
Mapping key dimensions of industrial relationsMapping key dimensions of industrial relations
Mapping key dimensions of industrial relationsEurofound
 
European Semester - Role of the Social Partners in the European Semester
European Semester - Role of the Social Partners in the European SemesterEuropean Semester - Role of the Social Partners in the European Semester
European Semester - Role of the Social Partners in the European SemesterEurofound
 
Impact of the crisis on industrial relations in Europe
Impact of the crisis on industrial relations in EuropeImpact of the crisis on industrial relations in Europe
Impact of the crisis on industrial relations in EuropeEurofound
 
Varieties of industrial relations in Europe - 2016
Varieties of industrial relations in Europe - 2016Varieties of industrial relations in Europe - 2016
Varieties of industrial relations in Europe - 2016Eurofound
 
Industrial relations - Impact of the crisis on industrial relations: collecti...
Industrial relations - Impact of the crisis on industrial relations: collecti...Industrial relations - Impact of the crisis on industrial relations: collecti...
Industrial relations - Impact of the crisis on industrial relations: collecti...Eurofound
 
Social Dialogue - Social dialogue for a competitive, fair and modern Europe 2015
Social Dialogue - Social dialogue for a competitive, fair and modern Europe 2015Social Dialogue - Social dialogue for a competitive, fair and modern Europe 2015
Social Dialogue - Social dialogue for a competitive, fair and modern Europe 2015Eurofound
 
Industrial relations in the EU 2015
Industrial relations in the EU 2015Industrial relations in the EU 2015
Industrial relations in the EU 2015Eurofound
 
European Globalisation Fund - Christian Welz - Eurofound - Dublin
European Globalisation Fund - Christian Welz  - Eurofound - DublinEuropean Globalisation Fund - Christian Welz  - Eurofound - Dublin
European Globalisation Fund - Christian Welz - Eurofound - DublinEurofound
 
Industrial relations - Recent developments in wage-setting mechanisms in Euro...
Industrial relations - Recent developments in wage-setting mechanisms in Euro...Industrial relations - Recent developments in wage-setting mechanisms in Euro...
Industrial relations - Recent developments in wage-setting mechanisms in Euro...Eurofound
 
Industrial relations - Industrial relations in Europe in the 21. century - c...
Industrial relations - Industrial relations in  Europe in the 21. century - c...Industrial relations - Industrial relations in  Europe in the 21. century - c...
Industrial relations - Industrial relations in Europe in the 21. century - c...Eurofound
 
Industrial relations - Industrial relations in the 21st century: concepts, to...
Industrial relations - Industrial relations in the 21st century: concepts, to...Industrial relations - Industrial relations in the 21st century: concepts, to...
Industrial relations - Industrial relations in the 21st century: concepts, to...Eurofound
 
Industrial relations - Industrial relations in the crisis - Christian Welz - ...
Industrial relations - Industrial relations in the crisis - Christian Welz - ...Industrial relations - Industrial relations in the crisis - Christian Welz - ...
Industrial relations - Industrial relations in the crisis - Christian Welz - ...Eurofound
 

Plus de Eurofound (20)

Employment relations in Europe: varieties and change
Employment relations in Europe: varieties and changeEmployment relations in Europe: varieties and change
Employment relations in Europe: varieties and change
 
Mapping varieties of industrial relations: Eurofound's conceptual framework a...
Mapping varieties of industrial relations: Eurofound's conceptual framework a...Mapping varieties of industrial relations: Eurofound's conceptual framework a...
Mapping varieties of industrial relations: Eurofound's conceptual framework a...
 
The application of the conceptual framework on key dimensions in industrial r...
The application of the conceptual framework on key dimensions in industrial r...The application of the conceptual framework on key dimensions in industrial r...
The application of the conceptual framework on key dimensions in industrial r...
 
Varities of Industrial Relations in Europe - 2017
Varities of Industrial Relations in Europe - 2017Varities of Industrial Relations in Europe - 2017
Varities of Industrial Relations in Europe - 2017
 
State of play of industrial relations in Europe - 2016
State of play of industrial relations in Europe - 2016State of play of industrial relations in Europe - 2016
State of play of industrial relations in Europe - 2016
 
Varieties of Industrial Relations in Europe _ 2016
Varieties of Industrial Relations in Europe  _  2016Varieties of Industrial Relations in Europe  _  2016
Varieties of Industrial Relations in Europe _ 2016
 
Mapping key dimensions of industrial relations - 2016
Mapping key dimensions of industrial relations - 2016Mapping key dimensions of industrial relations - 2016
Mapping key dimensions of industrial relations - 2016
 
Role of the social partners in the European Semester
Role of the social partners in the European SemesterRole of the social partners in the European Semester
Role of the social partners in the European Semester
 
Mapping key dimensions of industrial relations
Mapping key dimensions of industrial relationsMapping key dimensions of industrial relations
Mapping key dimensions of industrial relations
 
European Semester - Role of the Social Partners in the European Semester
European Semester - Role of the Social Partners in the European SemesterEuropean Semester - Role of the Social Partners in the European Semester
European Semester - Role of the Social Partners in the European Semester
 
Impact of the crisis on industrial relations in Europe
Impact of the crisis on industrial relations in EuropeImpact of the crisis on industrial relations in Europe
Impact of the crisis on industrial relations in Europe
 
Varieties of industrial relations in Europe - 2016
Varieties of industrial relations in Europe - 2016Varieties of industrial relations in Europe - 2016
Varieties of industrial relations in Europe - 2016
 
Industrial relations - Impact of the crisis on industrial relations: collecti...
Industrial relations - Impact of the crisis on industrial relations: collecti...Industrial relations - Impact of the crisis on industrial relations: collecti...
Industrial relations - Impact of the crisis on industrial relations: collecti...
 
Social Dialogue - Social dialogue for a competitive, fair and modern Europe 2015
Social Dialogue - Social dialogue for a competitive, fair and modern Europe 2015Social Dialogue - Social dialogue for a competitive, fair and modern Europe 2015
Social Dialogue - Social dialogue for a competitive, fair and modern Europe 2015
 
Industrial relations in the EU 2015
Industrial relations in the EU 2015Industrial relations in the EU 2015
Industrial relations in the EU 2015
 
European Globalisation Fund - Christian Welz - Eurofound - Dublin
European Globalisation Fund - Christian Welz  - Eurofound - DublinEuropean Globalisation Fund - Christian Welz  - Eurofound - Dublin
European Globalisation Fund - Christian Welz - Eurofound - Dublin
 
Industrial relations - Recent developments in wage-setting mechanisms in Euro...
Industrial relations - Recent developments in wage-setting mechanisms in Euro...Industrial relations - Recent developments in wage-setting mechanisms in Euro...
Industrial relations - Recent developments in wage-setting mechanisms in Euro...
 
Industrial relations - Industrial relations in Europe in the 21. century - c...
Industrial relations - Industrial relations in  Europe in the 21. century - c...Industrial relations - Industrial relations in  Europe in the 21. century - c...
Industrial relations - Industrial relations in Europe in the 21. century - c...
 
Industrial relations - Industrial relations in the 21st century: concepts, to...
Industrial relations - Industrial relations in the 21st century: concepts, to...Industrial relations - Industrial relations in the 21st century: concepts, to...
Industrial relations - Industrial relations in the 21st century: concepts, to...
 
Industrial relations - Industrial relations in the crisis - Christian Welz - ...
Industrial relations - Industrial relations in the crisis - Christian Welz - ...Industrial relations - Industrial relations in the crisis - Christian Welz - ...
Industrial relations - Industrial relations in the crisis - Christian Welz - ...
 

Dernier

Parents can give charity ideas for kids.
Parents can give charity ideas for kids.Parents can give charity ideas for kids.
Parents can give charity ideas for kids.SERUDS INDIA
 
Children who live with Grandparents are really lucky
Children who live with Grandparents are really luckyChildren who live with Grandparents are really lucky
Children who live with Grandparents are really luckySERUDS INDIA
 
The Federal Perspective on Coverage of Medications to Treat Obesity: Consider...
The Federal Perspective on Coverage of Medications to Treat Obesity: Consider...The Federal Perspective on Coverage of Medications to Treat Obesity: Consider...
The Federal Perspective on Coverage of Medications to Treat Obesity: Consider...Congressional Budget Office
 
War in Ukraine and problematics of the Ukrainian refugees in USA
War in Ukraine and problematics of the Ukrainian refugees in USAWar in Ukraine and problematics of the Ukrainian refugees in USA
War in Ukraine and problematics of the Ukrainian refugees in USAival6
 
Best charity ideas parents give their children’s
Best charity ideas parents give their children’sBest charity ideas parents give their children’s
Best charity ideas parents give their children’sSERUDS INDIA
 
For World Water Day 2024, we promote the vital link between water and peace.
For World Water Day 2024, we promote the vital link between water and peace.For World Water Day 2024, we promote the vital link between water and peace.
For World Water Day 2024, we promote the vital link between water and peace.Christina Parmionova
 
Item # 4 - Appointment of new PW Director
Item # 4 - Appointment of new PW DirectorItem # 4 - Appointment of new PW Director
Item # 4 - Appointment of new PW Directorahcitycouncil
 
Hub Design Inspiration Graphics for inspiration
Hub Design Inspiration Graphics for inspirationHub Design Inspiration Graphics for inspiration
Hub Design Inspiration Graphics for inspirationStephen Abram
 
OECD Webinar - ESG to deliver well-being in resource-rich regions: the role o...
OECD Webinar - ESG to deliver well-being in resource-rich regions: the role o...OECD Webinar - ESG to deliver well-being in resource-rich regions: the role o...
OECD Webinar - ESG to deliver well-being in resource-rich regions: the role o...OECDregions
 
My Burning Issue: "War in Ukraine" Cycle 54
My Burning Issue: "War in Ukraine" Cycle 54My Burning Issue: "War in Ukraine" Cycle 54
My Burning Issue: "War in Ukraine" Cycle 54mmazurak
 
DB9_BTR_Webinar_Slidedeck_20230320 (1).pptx
DB9_BTR_Webinar_Slidedeck_20230320 (1).pptxDB9_BTR_Webinar_Slidedeck_20230320 (1).pptx
DB9_BTR_Webinar_Slidedeck_20230320 (1).pptxNAP Global Network
 
Parents give a charity ideas for children
Parents give a charity ideas for childrenParents give a charity ideas for children
Parents give a charity ideas for childrenSERUDS INDIA
 
O Conselho Estadual de Cultura e o Incentivo à Cultura no RS: relato de expe...
O Conselho Estadual de Cultura e o Incentivo à Cultura no RS:  relato de expe...O Conselho Estadual de Cultura e o Incentivo à Cultura no RS:  relato de expe...
O Conselho Estadual de Cultura e o Incentivo à Cultura no RS: relato de expe...Alvaro Santi
 
india sanitation coalition Swachata Abhiyan ​.pdf
india sanitation coalition Swachata Abhiyan ​.pdfindia sanitation coalition Swachata Abhiyan ​.pdf
india sanitation coalition Swachata Abhiyan ​.pdfcoalitionindiasanita
 
World Happiness Report 2024- Full Report
World Happiness Report 2024- Full ReportWorld Happiness Report 2024- Full Report
World Happiness Report 2024- Full ReportEnergy for One World
 
2024: The FAR, Federal Acquisition Regulations - Part 16
2024: The FAR, Federal Acquisition Regulations - Part 162024: The FAR, Federal Acquisition Regulations - Part 16
2024: The FAR, Federal Acquisition Regulations - Part 16JSchaus & Associates
 
Yes!? We can end TB - World Tuberculosis Day 2024.
Yes!? We can end TB - World Tuberculosis Day 2024.Yes!? We can end TB - World Tuberculosis Day 2024.
Yes!? We can end TB - World Tuberculosis Day 2024.Christina Parmionova
 
What Teenagers Have to Say about the Grandparents
What Teenagers Have to Say about the GrandparentsWhat Teenagers Have to Say about the Grandparents
What Teenagers Have to Say about the GrandparentsSERUDS INDIA
 
Living life to the full: How can we make our longer lives healthier, happier ...
Living life to the full: How can we make our longer lives healthier, happier ...Living life to the full: How can we make our longer lives healthier, happier ...
Living life to the full: How can we make our longer lives healthier, happier ...ResolutionFoundation
 

Dernier (20)

Parents can give charity ideas for kids.
Parents can give charity ideas for kids.Parents can give charity ideas for kids.
Parents can give charity ideas for kids.
 
Children who live with Grandparents are really lucky
Children who live with Grandparents are really luckyChildren who live with Grandparents are really lucky
Children who live with Grandparents are really lucky
 
The Federal Perspective on Coverage of Medications to Treat Obesity: Consider...
The Federal Perspective on Coverage of Medications to Treat Obesity: Consider...The Federal Perspective on Coverage of Medications to Treat Obesity: Consider...
The Federal Perspective on Coverage of Medications to Treat Obesity: Consider...
 
War in Ukraine and problematics of the Ukrainian refugees in USA
War in Ukraine and problematics of the Ukrainian refugees in USAWar in Ukraine and problematics of the Ukrainian refugees in USA
War in Ukraine and problematics of the Ukrainian refugees in USA
 
Best charity ideas parents give their children’s
Best charity ideas parents give their children’sBest charity ideas parents give their children’s
Best charity ideas parents give their children’s
 
For World Water Day 2024, we promote the vital link between water and peace.
For World Water Day 2024, we promote the vital link between water and peace.For World Water Day 2024, we promote the vital link between water and peace.
For World Water Day 2024, we promote the vital link between water and peace.
 
Item # 4 - Appointment of new PW Director
Item # 4 - Appointment of new PW DirectorItem # 4 - Appointment of new PW Director
Item # 4 - Appointment of new PW Director
 
Hub Design Inspiration Graphics for inspiration
Hub Design Inspiration Graphics for inspirationHub Design Inspiration Graphics for inspiration
Hub Design Inspiration Graphics for inspiration
 
OECD Webinar - ESG to deliver well-being in resource-rich regions: the role o...
OECD Webinar - ESG to deliver well-being in resource-rich regions: the role o...OECD Webinar - ESG to deliver well-being in resource-rich regions: the role o...
OECD Webinar - ESG to deliver well-being in resource-rich regions: the role o...
 
My Burning Issue: "War in Ukraine" Cycle 54
My Burning Issue: "War in Ukraine" Cycle 54My Burning Issue: "War in Ukraine" Cycle 54
My Burning Issue: "War in Ukraine" Cycle 54
 
DB9_BTR_Webinar_Slidedeck_20230320 (1).pptx
DB9_BTR_Webinar_Slidedeck_20230320 (1).pptxDB9_BTR_Webinar_Slidedeck_20230320 (1).pptx
DB9_BTR_Webinar_Slidedeck_20230320 (1).pptx
 
Parents give a charity ideas for children
Parents give a charity ideas for childrenParents give a charity ideas for children
Parents give a charity ideas for children
 
O Conselho Estadual de Cultura e o Incentivo à Cultura no RS: relato de expe...
O Conselho Estadual de Cultura e o Incentivo à Cultura no RS:  relato de expe...O Conselho Estadual de Cultura e o Incentivo à Cultura no RS:  relato de expe...
O Conselho Estadual de Cultura e o Incentivo à Cultura no RS: relato de expe...
 
india sanitation coalition Swachata Abhiyan ​.pdf
india sanitation coalition Swachata Abhiyan ​.pdfindia sanitation coalition Swachata Abhiyan ​.pdf
india sanitation coalition Swachata Abhiyan ​.pdf
 
World Happiness Report 2024- Full Report
World Happiness Report 2024- Full ReportWorld Happiness Report 2024- Full Report
World Happiness Report 2024- Full Report
 
2024: The FAR, Federal Acquisition Regulations - Part 16
2024: The FAR, Federal Acquisition Regulations - Part 162024: The FAR, Federal Acquisition Regulations - Part 16
2024: The FAR, Federal Acquisition Regulations - Part 16
 
Yes!? We can end TB - World Tuberculosis Day 2024.
Yes!? We can end TB - World Tuberculosis Day 2024.Yes!? We can end TB - World Tuberculosis Day 2024.
Yes!? We can end TB - World Tuberculosis Day 2024.
 
What Teenagers Have to Say about the Grandparents
What Teenagers Have to Say about the GrandparentsWhat Teenagers Have to Say about the Grandparents
What Teenagers Have to Say about the Grandparents
 
Living life to the full: How can we make our longer lives healthier, happier ...
Living life to the full: How can we make our longer lives healthier, happier ...Living life to the full: How can we make our longer lives healthier, happier ...
Living life to the full: How can we make our longer lives healthier, happier ...
 
How to Save a Place: Become an Advocate.
How to Save a Place: Become an Advocate.How to Save a Place: Become an Advocate.
How to Save a Place: Become an Advocate.
 

Capacity of the EU social partners to negotiate

  • 1. The capacity to negotiate agreements of the European Social Partners Christian Welz, Eurofound ETUC - European Social Dialogue Academy, 16 May 2017
  • 2. 2 Objectives, background, method Key findings A short text analysis Conclusions and policy pointers 1 2 3 4
  • 3. 3 - key questions of the project are - Do EU-level social partners – at cross industry and sectoral level – have the capacity to negotiate and enter into contractual relations including agreements, as foreseen in article 155 TFEU? - How are they mandated to do so? - Where is this documented?
  • 4. 4 - the Commission (EC) first used capacity to negotiate in its 1993 COM - “organisations (which) are potentially eligible to be consulted” under Articles 154 TFEU must: - consist of organizations, which are themselves an integral and recognised part of Member State social partner structures and with the capacity to negotiate agreements, and which are representative of all Member States, as far as possible (EC, 1993).”
  • 5. 5 - In 1994 the EP proposed to the following condition: - “eligible organisations should have a mandate from their members to represent them in the context of the Community social dialogue and are to demonstrate their representativity.” - 1997 Opinion the EESC reiterated that representative organisations - “(…) must have a mandate from its member organizations to negotiate at European level.”
  • 6. 6 - 27.06.16 the Presidency of the Council, the EC and the European Social Partners signed a quadripartite statement 'new start for social dialogue'. - “The cross-industry and sectoral social partners will (…) improve membership and representativeness of both trade unions and employers’ organisations, and ensure that there is capacity to enter into negotiations with an appropriate mandate.”
  • 7. 7 - research into public sources such as the statutes and bye-laws of the European social partners (110 documents) as well as academic literature and documents of the EU institutions and social partners - complemented by an email questionnaire directed to the relevant organisations
  • 9. 9
  • 10. 10
  • 11. 11
  • 12. 12
  • 13. 13
  • 14. 14 mandate statutory non-statutory ad hoc / other procedures ad hoc / other procedures employers BUSINESSEUROPE EBF European Broadcasting Union European Club Association ECEG EFEE Eurociett/World Employment Confederation-Europe HOSPEM UEPG CEEP UEAPME ECEG EFEE GEOPA-COPA IMA Europe Insurance Europe AER CANSO CEC CEEMET CEI-Bois CER CoESS Coiffure EU Confederation of European Paper Industries COTANCE EACB EBF ECSA EFCI EPFL ERA ESBG ESO ETNO ESPO Euracoal EURATEX EURELECTRIC EuroCommerce EUROFER EUROGAS EUROMINES European Barge Union European Coordination of Independent Producers EUROPECHE FEPORT FIAPF FIEC FoodDrinkEurope FoodServiceEurope HORTREC Intergraf IRU PEARLE* Posteurop SEA Europe UEA
  • 15. 15 trade unions ETUC EUROCADRES EAEA EFBWW EFFAT EPSU ETF FifPRO industriALL UNI EFBWW EFATT ETF CEC EUROCADRES ECA CESI EFBWW FIA FIM total employers 9 7 42 total trade unions 10 3 7 total 19 10 49 mandate statutory non-statutory ad hoc / other procedures
  • 16. 16 ● Article 5 of the statutes (29.11.2016) “(…) has a mandate from its members to engage in a permanent and constructive social dialogue at the European level (…). Moreover, to negotiate, agree on and sign formal joint statements and agreements with those and/or other relevant European organizations and/or European Union institutions (…).” ● Article 1 of the ECEG by-laws “(…) the opinion (…) to legislate or to search for a European agreement (…) shall be prepared by the Secretariat together with the Steering Committee and the relevant Expert Groups and approved by the General Assembly (….) (…) a mandate to start the negotiations is given to the delegation approved by the General Assembly; (…) this mandate explains the object of these negotiations.”
  • 17. 17 ● Article 21 of the statutes (16/05/2012) the Executive Committee “(…) give mandates and make decisions according to the mandate procedure (cf. rules laid down in Appendix II) ● Appendix II contains very detailed provisions on the mandating procedure, the negotiations, information and consultation duty towards affiliates, the adoption of texts, what happens if no agreement is reached and the implementation of agreements
  • 18. 18 9 14 139 95 50 52 40 20 9 10 497 Autonomous agreements Agreements Council Decision Declarations Tools Procedural texts Follow-up reports Guidelines Policy Orientations Codes of conduct Framework of actions Joint opinions
  • 19. 19
  • 20. 20
  • 21. 21 1 7 4 1 consensus 2/3 majority simple majority 90% 0 2 4 6 8 consensus 2/3 majority simple majority 90%
  • 22. 22 A short text analysis 1 2 3 4
  • 23. 23
  • 24. 24 term no. documents total references negotiate 38 205 implementation 37 72 social dialogue 36 163 ratification 19 27 sectoral social dialogue 13 39 collective bargaining 12 22 industrial relations 9 17 representativeness 5 7 capacity to negotiate 4 6 collective agreement(s) 3 16 European collective agreements 3 5 framework agreement(s) 2 2 labour agreements 1 1 binding declarations 1 1 contractual relations 1 1
  • 25. 25 Conclusions and policy pointers 1 2 3 4
  • 26. 26 ● 36/87 organisations make their statutes available on their home page  the European social partners could seek for more transparency; ● 24/87 organisations have a statutory and/or non-statutory mandate  in line with the statement of 27 June 2016 the EU social partners could strive to “ (…) ensure that there is capacity to enter into negotiations with an appropriate mandate;”
  • 27. 27 ● 9 employers associations and 2 industry federations have a statutory and/or non-statutory mandate, but did not sign an agreement to date  there might be room for more initiatives from both sides of the industry ● notions linked to the capacity to negotiate, mandate and ratification procedures and are not frequent in the statutes  the European social partners might want to discuss this situation
  • 28. 28 ● the statutes of 13 of the 24 mandated social partners include a ratification procedure  the European social partners might want to discuss to include such procedures to render the European social dialogue more efficient and effective ● the current project has rather closely mapped the existence of statutory and non-statutory documents on the basis of the documents provided  there is room to further analyse whether or not more ad hoc mandates are in place and what their precise nature is

Notes de l'éditeur

  1. In the 1998 Communication the EC changed the wording in criterion (b) from the 1993 version “(…) which are representative of all Member States, as far as possible” to “(…) which are representative of several Member States.”
  2. As for the TU side the statutes of 16 of the 18 TUs are available on the internet as for the EOs 20 of the 69 statutes could be retrieved via the internet 9 SPs did not answer the Eurofound queries
  3. 19 European SPs (9 EOs and 10 TUs) out of the 87 for which data is available dispose of a statutory mandate EOs with a statutory mandating procedure are: BUSINESSEUROPE, EBF (via the Banking Committee for European Social Affairs), European Broadcasting Union (EBU), European Club Association (ECA), ECEG, EFEE, Eurociett/World Employment Confederation-Europe, HOSPEM and UEPG). TUs with a statutory mandating procedure: ETUC, EUROCADRES, EAEA, EFBWW, EFFAT, EPSU, ETF, FifPRO, IndustriAll and UNI-Europa.  
  4. 7 EOs and 3 TU federations also remit to non-statutory rules – internal rules of procedure, guidelines, or any other kind of secondary (formal) documents – containing or completing mandating procedures. EOs that follow non-statutory rules: CEEP, UEAPME, GEOPA-COPA, ECEG, EFEE, IMA and Insurance Europe. ECEG and EFEE are the only EOs with both a statutory and a non-statutory mandate. TUs that follow non-statutory rules: EFBWW, EFFAT and ETF. These three TUs dispose of a statutory and non-statutory mandate.
  5. In sum at least 24 European SPs have a statutory or non-statutory mandate: 14 TUs and 10 EOs In percentage, 1.4% of the 69 EOs 77% of the 18 TUs dispose of a statutory or non-statutory mandate These data corroborate other academic findings “(…) that EU sectoral business associations lack clear and sufficient mandates more often than do trade unions (Lafuente Hernández , 2016, 167).“
  6. EU social dialogue has adopted 932 texts - cross-sector SD  94 texts  8 agreements - sectoral SD adopted some 838 texts in 43 sectors over the past decades but only 14 agreements the number of agreements signed equates to less than 2.0% of the texts
  7. 13 of the 24 mandated SPs included a ratification procedure in their organisational structures It is interesting to note that 4 out of the 6 cross-sectoral SPs have done so On the other hand only 9 out of the 18 sectoral SPs dispose of an explicit ratification procedure 5 EOs and 4 industry federations
  8. 7 organisations use a 2/3 majority 4 social partners a simple majority and only BUSINESSEUROPE applies consensus ECEG stipulates in article 5 of its by-laws a majority of 90% for the implementation of autonomous agreements which “shall commit all the members of the Association to their implementation and follow-up.”
  9. notions linked to the capacity to negotiate and are not very frequent at all this allows to conclude that the mandate of the EU level social partners and their capacity to conclude agreements is not at the forefront of the statutory, non-statutory nor other texts of both sides of industry.