The New European Social Dialogue: Old Wine in New Bottles?

Abstract

This article analyses the Protocol on Social Policy and its Agreement and the social chapter of the Amsterdam Treaty not only in a legal, but mainly in an empirical perspective. The first part consists of a short summary of the basics of the new procedural rules (qualified majority voting versus unanimity, consultation and negotiations of the social partners) and the status of the corporate actors (ETUC, UNICE). In the second part, the first attempts at using the provisions of the Protocol are examined (European Works Councils, parental leave, burden of proof of sex discrimination, part-time work, information and consultation). Different problems emerging in the implementation processes of the results of legal enactment and voluntary agreements are the focus of the following analysis (interpretation and application of differing legal provisions, representativity of the signatory parties, problems of package deals, democratic legitimization). In the concluding section, the main findings are summarized (scope of ambivalent results), and a more or less pessimistic outlook on future perspectives is given.