Social Dialogue, Laval-style
Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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Social Dialogue, Laval-style. / Asteriti, Alessandra.
in: European Journal of Legal Studies, Jahrgang 5, Nr. 2, 2013, S. 70-97.Publikation: Beiträge in Zeitschriften › Zeitschriftenaufsätze › Forschung › begutachtet
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TY - JOUR
T1 - Social Dialogue, Laval-style
AU - Asteriti, Alessandra
PY - 2013
Y1 - 2013
N2 - The article provides an analysis of the Laval Judgment in light of Habermas’ theory of discursive practice and compares the European social model and the Swedish system of collective agreements in light of this theory. In this context, the article argues, the comprehensive dismissal by the European Court of the carefully constructed and balanced Swedish system of social dialogue between management and labour is truly the most disturbing aspect of this controversial judgment. For all the supposed importance placed on discursive practices and social dialogue for the European social model, when confronted with the Swedish system of social dialogue, the Court retreats in the familiar territory of hard law and statutory obligations. In doing so, it wilfully misunderstands the function of collective bargaining, by effectively decoupling its process from its function, and leaving social dialogue with the hollow role of a deliberative practice devoid of any finality.
AB - The article provides an analysis of the Laval Judgment in light of Habermas’ theory of discursive practice and compares the European social model and the Swedish system of collective agreements in light of this theory. In this context, the article argues, the comprehensive dismissal by the European Court of the carefully constructed and balanced Swedish system of social dialogue between management and labour is truly the most disturbing aspect of this controversial judgment. For all the supposed importance placed on discursive practices and social dialogue for the European social model, when confronted with the Swedish system of social dialogue, the Court retreats in the familiar territory of hard law and statutory obligations. In doing so, it wilfully misunderstands the function of collective bargaining, by effectively decoupling its process from its function, and leaving social dialogue with the hollow role of a deliberative practice devoid of any finality.
KW - Law
KW - European Law
KW - Labour Law
KW - Legal Theory
KW - Habermas
M3 - Journal articles
VL - 5
SP - 70
EP - 97
JO - European Journal of Legal Studies
JF - European Journal of Legal Studies
SN - 1973-2937
IS - 2
ER -