Ann-Christine Hartzén

Senior lecturer

The transformation of labour market regulatory institutions

Author

Ann-Christine Hartzén

Summary, in English

The aim of this paper is to explore the European Social Dialogue as a regulatory institution and its transformation in a context where the values framing labour law have changed from socialistic to neo-liberal. The paper will highlight the European Social Dialogue as an autopoietic system of industrial relations and the analysis will be carried out through a methodologically holistic model in two layers where the positivistic values identifying the autopoietic system will be separated from the hermeneutic values framing the programming of the system. Examples are drawn from different themes dealt with within the European Social Dialogue and the international maritime industry. The paper shows how the EU law context originally focusing on values framed by the socialistic understanding of labour law as a means to protect the weaker part in the employment contract (i.e. the worker) with objectives of improving working conditions has changed towards a situation where neo-liberal values are promoted through an increased focus on cost reduction as well as increased profit and industry competitiveness. The legal context within which the European Social Dialogue is operating as a regulatory institution has thus changed to a setting where the strength of the parties to an employment contract or a collective agreement will be based on the balance of demand and supply. This could indicate that there is a need for European trade union organisations to reconsider their communicative strategies in order to be able to continue to promote the interests of their members. Without proper access to industrial action as a symbolically generalised communication media at the EU level, the European trade union organisations need to find other such media available in order to successfully overcome the improbability of communication in the shape of worker interests being considered as threats to economic values.

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