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The Charter of Fundamental Rights of the European Union – the social dimension

J.R. Carby‐Hall (Centre for Legislative Studies, Department of Politics and International Studies, University of Hull, Hull, UK)

Managerial Law

ISSN: 0309-0558

Article publication date: 1 July 2006

1185

Abstract

Purpose

This article aims to analyse the development of the concept of social dialogue in the UK as it has been encouraged by the European Union vision of social democracy. The starting points for the discussion are articles 27 and 28 of the Character of Fundamental Rights of the European Union on information and consultation and collective bargaining and collective agreements, respectively.

Design/methodology/approach

The European context for developments is followed by a historical sketch of the topics included in the discussion. Analysis and evaluation is then presented of the evolving concept of social partnership and the traditional forms of “social dialogue” in the UK – collective bargaining and collective agreements; trade union recognition for collective bargaining; disclosure of information for collective bargaining purpose. Some former collective bargaining systems are also included in the analysis.

Findings

The focus of the discussion is the influence of European law on information and consultation in three discreet areas – the transfer of undertakings; collective redundancies and health and safety at work. The general conclusion is that the discreet notions of social dialogue which emanate from the Charter of Fundamental Rights of the European Union spell good laws, good governance and effective democracy.

Originality/value

The article analyses the development of the concept of social dialogue.

Keywords

Citation

Carby‐Hall, J.R. (2006), "The Charter of Fundamental Rights of the European Union – the social dimension", Managerial Law, Vol. 48 No. 4, pp. 430-446. https://doi.org/10.1108/03090550610681231

Publisher

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Emerald Group Publishing Limited

Copyright © 2006, Emerald Group Publishing Limited

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