The Meta-Regulation of European Industrial Relations: Power Shifts, Institutional Dynamics and the Emergence of Regulatory Competition

标题The Meta-Regulation of European Industrial Relations: Power Shifts, Institutional Dynamics and the Emergence of Regulatory Competition
出版物类型期刊文章
出版物年份2013
作者Papadopoulos, Theodoros, and Roumpakis, Antonios
期刊International Labour Review
Volume152
Issue2
Pagination255 - 274
关键词collective bargaining, ECJ, Europe, European Court of Justice, freedom of movement, industrial relations, labor dispute settlement, labor flexibility, labor relations, meta-regulation, regulatory competition
Abstract

“Meta-regulation” describes the transnational governance of industrial relations emerging from attempts to resolve conflicts between national collective agreements and EU Member States' freedom to provide services and post workers abroad. The norm underpinning such meta-regulation is competition, not only between workers from different EU Member States but also between States' labour regulations. Using the concepts of “structural power” and “social field”, the authors discuss judicial decisions that illustrate the gradual meta-regulation of industrial relations in the EU and show how the power asymmetry between labour and capital is growing in favour of the latter.