EU social dialogue revitalisation: Between rhetoric, new rights, political commitments and historical caution

Abstract

The Council Recommendation on strengthening social dialogue is a positive recognition of the key role of social dialogue in the EU's social market economy. At the same time, episodes of institutional disfavour of the social partners’ co-determination role and resistance to robust sectoral collective bargaining warrant a cautious assessment. This article looks at the current state of EU social dialogue, examining its primary dimensions: the involvement of social partners in policymaking and the scope of collective bargaining. It assesses the Council Recommendation, along with other measures adopted during the Von der Leyen presidency, to ascertain their collective contribution in realigning EU social dialogue with the principles of the EU Treaties. Overall, the analysis reveals a nuanced picture, with both positive and challenging aspects. While collective bargaining has been given a new (albeit partial) boost, the same cannot be said for the social partners’ participation in EU policymaking. Notably, the Council Recommendation reaffirmed the Court of Justice's decision in the EPSU case, solidifying the Commission's discretionary authority to decide on the legislative implementation of framework agreements, to the detriment of the social partners’ regulatory agency. Finally, the article proposes a blueprint for further advancing the EU's aspiration for social dialogue, seeking to reconciling it with the social objectives that, constitutionally, the Union aspires to achieve.