Industrial Relations in Europe 2012 - European Commission - Europa

Box 7.8 Conference on the European Social Partners' Agreement
The conference Negotiation, consultation and autonomy of EU Social Partners – 20 years of the
Social Partners' Agreement celebrated two decades of European social dialogue since the European
Social Partners' Agreement of 1991. It reviewed the process which led to the integration of the
Maastricht Social Protocol into the Amsterdam Treaty (currently Arts 154 and 155 TFEU) and
placed it in the current context. The aim of the conference was to assess the changes that have been
brought about by European Social Dialogue in EU primary and secondary law, how the consultation
and negotiation process between EU social partners has evolved, and the concrete results of this, in
order to evaluate the current state of European social dialogue. The event allowed an exchange of
views among social partners, Member States and other participants on the way these provisions
function and likely future developments.
The aim was thus not only to commemorate past achievements, but also to look forward. It was not
the purpose to take decisions with immediate effect but rather to introduce, test and debate ideas for
the way forward.
The conference was organised in Warsaw on 24-25 November 2011 in cooperation with the Polish
Presidency – which was represented by the Minister and Deputy Minister for Employment and
Social Affairs – and brought together high-level representatives of the cross-industry and sectoral
social partners at European and national level, as well as representatives of Member States, EU
institutions – including Commissioner Andor– and academics.
In the different sessions of the conference, several examples of outcomes of European social
dialogue, both at cross-industry and sector level, were presented. These presentations, as well as the
panel discussions and exchanges with participants, provided insights into the challenges that the
European social dialogue is facing as well as in the joint and divergent views of the two sides of
industry.
Both sides strongly emphasised the importance of respecting the autonomy of the social partners,
both as regards fixing their agenda for discussion and – where appropriate – the negotiation and
implementation of their agreements. They agreed that care should be given to the choice of the
appropriate type of instrument, depending on the objective pursued.
The importance of taking ownership for social dialogue outcomes was emphasised. This does not
only concern autonomous agreements, but also agreements implemented by EU Directive, where
the social partners should also take responsibility for promoting and implementing the agreement at
national level. The Directive on sharps injuries in the hospital sector was mentioned as a positive
example of this continued engagement of the social partners.
This ownership also includes a willingness to regularly assess existing agreements and, if necessary,
to revise them. Trade unions in particular voiced concerns about the quality of implementation of
European social partner agreements at national level, in particular the autonomous agreements that
are implemented “in accordance with the procedures and practices specific to management and
labour and the Member States”. The impression is that there is a trend to consider the autonomous
agreements as allowing for an optional implementation. Both sides nevertheless confirmed their
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