匈牙利民粹主义转向后的劳动法改革

IF 0.5 4区 社会学 Q3 LAW Review of Central and East European Law Pub Date : 2022-03-08 DOI:10.1163/15730352-bja10063
S. Hungler
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引用次数: 0

摘要

匈牙利民粹主义的特点及其对劳动和社会政策的影响与欧盟西方成员国有很大不同。这些差异是由于与欧盟内部和欧盟内部移民相关的不同经验,以及欧盟在经济危机期间如何实施紧缩措施的不同。两个不同的因素是取代福利国家的工作福利制度和反多元主义。在福利模式中,“努力工作的人”被描绘成一群理想的员工,他们每天都遵守纪律,为改善而奋斗;他们的工作和福祉受到非法移民和无所事事的穷人的威胁。然而,劳动法并没有加强“努力工作的人”的权利,也没有支持他们对雇主维护自己的权利。虽然罗姆人被描述为不应得的穷人,并在日常政治和实践中成为主流,但社会政策却严重削弱了保障和保护措施,加剧了失业者的不安全感和物质匮乏。在集体劳动法方面,缺乏自主的社会对话支持反多元主义趋势,这是民粹主义治理的一个特征。民主控制的基本要素,如参与或工会权利,已在很大程度上被取消,以巩固联盟的行政权力。
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Labor Law Reforms after the Populist Turn in Hungary
The characteristics of Hungarian populism and its effects on labor and social policy are rather different compared to those of western Member States of the EU. These differences are due to the different experiences related to inter- and intra-EU migration and to the difference in how the EU’s austerity measures were imposed during the economic crisis. The two distinctive elements are the workfare regime which replaces the welfare state, and anti-pluralism. In the workfare model, ‘hard-working people’ are pictured as an idealized mass of employees who are disciplined and striving for betterment every day; and whose jobs and wellbeing are jeopardized by illegal migrants and the idle poor. However, labor law does not strengthen the rights of ‘hard-working people’ or support them in asserting their rights against their employers. While the Roma have been described as the undeserving poor and mainstreamed in everyday politics and practice, guarantees and protective measures have been severely curtailed in social policy, amplifying the insecurity and material deprivation of those who lose their jobs. Regarding collective labor law, the lack of an autonomous social dialogue supports anti-pluralist trends, a characteristic of populist governance. The fundamental elements of democratic control, such as participation or trade union rights have been largely eliminated to cement the executive power of the coalition.
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来源期刊
CiteScore
0.90
自引率
0.00%
发文量
11
期刊介绍: Review of Central and East European Law critically examines issues of legal doctrine and practice in the CIS and CEE regions. An important aspect of this is, for example, the harmonization of legal principles and rules; another facet is the legal impact of the intertwining of domestic economies, on the one hand, with regional economies and the processes of international trade and investment on the other. The Review offers a forum for discussion of topical questions of public and private law. The Review encourages comparative research; it is hoped that, in this way, additional insights in legal developments can be communicated to those interested in questions, not only of law, but also of politics, economics, and of society of the CIS and CEE countries.
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