Preface = v
table of contents = vii
List of abbreviations = xiii
Part I Introduction
Chapter 1 Introduction = 3
1.1 Introduction = 3
1.2 Structure of the book = 4
1.3 Research method = 5
1.4 Relation with other researches on th European social dialogue = 5
1.5 Do we need collective agreements at European social dialogue = 6
1.6 Preconditions for the development of a European social dialogue = 8
Chapter 2 Some European social partners' organisations = 29
2.1 Introduction = 29
2.2 Intersectoral organisations representing all categories of workers and emplyers = 29
2.3 Intersectoral organisations representing certain categories of workers and employers = 35
2.4 Sectoral organisations = 36
2.5 The legal status of European social partners' organisations = 38
2.6 Conclusions = 46
Chapter 3 An enhancing role for the European social partners' organisations = 49
3.1 Introduction = 49
3.2 Institutionalisation = 49
3.3 Collective bargaining = 59
3.4 Conclusions = 70
Part II The consultation procedure and the conclusion of European agreements
Chapter 4 The consultation procedure and its follow-up = 75
4.1 Introduction = 75
4.2 The promotion of the consultation of the European social partners' organisations = 75
4.3 The consultation procedure = 78
4.4 The start of negotiations between the European social partners' organisations = 91
4.5 Conclusions = 97
Chapter 5 The conclusion of European agreements and their legal effects = 101
5.1 Introduction = 101 5.2 A European collective agreement? = 101
5.3 Requirements for valid European collective agreements = 106
5.4 European collective agreements = 113
5.5 The legal effects on the signatory parties = 116
5.6 The legal effects on the national affiliates of the European organisations = 128
5.7 The legal effects on individual workers and employers = 137
5.8 The legal effects on the menber states = 146
5.9 Conclusions = 152
Chapter 6 Enforcement of European collective agreements = 155
6.1 Introduction = 155
6.2 Enforcement against the signatory parties = 155
6.3 Enforcement against the national affiliates = 170
6.4 Enfoecement against individual workers or employers = 175
6.5 Conclusions = 178
Part III The conversion of European collective agreements into community law
Chapter 7 Implementation of eUropean collective agreements by Council decision = 183
7.1 Introduction = 183
7.2 The European collective agreement has to cover matters of Article 137 EC Treaty = 183
7.3 The signatory parties have to make a joint request = 186
7.4 The comission has to formulate a proposal = 190
7.5 The council has to take a decision = 212
7.6 The role of the European parliament and the econoomic and social committee = 230
7.7 Conclusions = 238
Chapter 8 Access to the European Court of Justice and/or Court of First Instance for the European social partners' organisations = 241
8.1 Introduction = 241
8.2 Article 230 EC Treaty and private parties: conditions for admissability = 241
8.3 Alternatives = 293
8.4 Conclusions = 297
Part IV Conclusions and recommendations
Chapter 9 Conclusion and recommendations = 303
Dutch summary = 323
Annex I Overview of community legislation with the involvement of the European social partners' organisations = 331
Annex II Bibliography = 343
Annex III Table of cases = 365
Annex IV Index = 377
Curriculum vitae = 383
table of contents = vii
List of abbreviations = xiii
Part I Introduction
Chapter 1 Introduction = 3
1.1 Introduction = 3
1.2 Structure of the book = 4
1.3 Research method = 5
1.4 Relation with other researches on th European social dialogue = 5
1.5 Do we need collective agreements at European social dialogue = 6
1.6 Preconditions for the development of a European social dialogue = 8
Chapter 2 Some European social partners' organisations = 29
2.1 Introduction = 29
2.2 Intersectoral organisations representing all categories of workers and emplyers = 29
2.3 Intersectoral organisations representing certain categories of workers and employers = 35
2.4 Sectoral organisations = 36
2.5 The legal status of European social partners' organisations = 38
2.6 Conclusions = 46
Chapter 3 An enhancing role for the European social partners' organisations = 49
3.1 Introduction = 49
3.2 Institutionalisation = 49
3.3 Collective bargaining = 59
3.4 Conclusions = 70
Part II The consultation procedure and the conclusion of European agreements
Chapter 4 The consultation procedure and its follow-up = 75
4.1 Introduction = 75
4.2 The promotion of the consultation of the European social partners' organisations = 75
4.3 The consultation procedure = 78
4.4 The start of negotiations between the European social partners' organisations = 91
4.5 Conclusions = 97
Chapter 5 The conclusion of European agreements and their legal effects = 101
5.1 Introduction = 101 5.2 A European collective agreement? = 101
5.3 Requirements for valid European collective agreements = 106
5.4 European collective agreements = 113
5.5 The legal effects on the signatory parties = 116
5.6 The legal effects on the national affiliates of the European organisations = 128
5.7 The legal effects on individual workers and employers = 137
5.8 The legal effects on the menber states = 146
5.9 Conclusions = 152
Chapter 6 Enforcement of European collective agreements = 155
6.1 Introduction = 155
6.2 Enforcement against the signatory parties = 155
6.3 Enforcement against the national affiliates = 170
6.4 Enfoecement against individual workers or employers = 175
6.5 Conclusions = 178
Part III The conversion of European collective agreements into community law
Chapter 7 Implementation of eUropean collective agreements by Council decision = 183
7.1 Introduction = 183
7.2 The European collective agreement has to cover matters of Article 137 EC Treaty = 183
7.3 The signatory parties have to make a joint request = 186
7.4 The comission has to formulate a proposal = 190
7.5 The council has to take a decision = 212
7.6 The role of the European parliament and the econoomic and social committee = 230
7.7 Conclusions = 238
Chapter 8 Access to the European Court of Justice and/or Court of First Instance for the European social partners' organisations = 241
8.1 Introduction = 241
8.2 Article 230 EC Treaty and private parties: conditions for admissability = 241
8.3 Alternatives = 293
8.4 Conclusions = 297
Part IV Conclusions and recommendations
Chapter 9 Conclusion and recommendations = 303
Dutch summary = 323
Annex I Overview of community legislation with the involvement of the European social partners' organisations = 331
Annex II Bibliography = 343
Annex III Table of cases = 365
Annex IV Index = 377
Curriculum vitae = 383