D. Obradovic

Prospects for corporatist decision‐making in the European union: The social policy agreement

Abstract Setting out the legal framework for European collective bargaining, the Social Policy Agreement appended to the Maastricht Treaty appears to introduce some corporatist characteristics to the Union policy process. This article explores whether this legal framework really does represent a sufficient basis for introducing a new, corporatist policy formation mode at the European level. The main conclusion is that the existing infrastructure of organized management and labour at the European level, as well as that of the European Union (EU) institutions concerned, does not provide the appropriate institutional set‐up for corporatist policy partnership formalized by the Maastricht Social Annex. Nevertheless, the Agreement is not without utility. If its ‘reflexive potential’ (i.e. its capability to shape European collective bargaining by defining procedural norms and limiting or expanding the competences of the social partners) is taken into account, the Agreement can be regarded as a framework under wh...

The Impact of the Social Dialogue Procedure on the Powers of uropean Union Institutions

The involvement of European management and labour associations in European Union decision-making through the social dialogue1 procedure (Goldstein and Keohane, 1993, p.19; Garrett and Weingast, 1993, p.204) has been strengthened by its incorporation into the main body of the European Community Treaty at the 1997 Amsterdam European Council summit.2 The EC Treaty, by virtue of Articles 138 and 139, formally set up a procedure for the structured involvement of European-level management and labour, i.e. social partners in European lawmaking. The social partners have to be consulted on any legislative proposal in the social field and may initiate a suspension of the legislation process by entering into negotiations with a view to concluding a European agreement.