The importance of Social dialogue in The Process of Consolidation of Domestic law with The European Union Law Cover Image

The importance of Social dialogue in The Process of Consolidation of Domestic law with The European Union Law

Author(s): Željko Mirjanić
Subject(s): EU-Accession / EU-DEvelopment, EU-Legislation
Published by: Правни факултет Универзитета у Нишу
Keywords: social dialogue; social partners; European integration

Summary/Abstract: The importance of a social dialogue in the process of consolidation of domestic law with the European Union law is hereby analyzed through the issues of level of development of institutional tripartite dialogue, development of social dialogue as a prerequisite that is ahead for the countries in the process of joining European integration and the mode of consolidation of domestic labour law with the EU law. Social dialogue in the countries that have passed through or are still under the process of transition of legal order, is being developed according to relevant model of the EU countries, which have recognized the social dialogue as an efficient way of reaching compromise and preserving social peace. The key importance in our country is given to tripartite dialogue within the economic social council. The functioning of the economic social council of the Republika Srpska can be a model of social dialogue, and its role is to consolidate labour and social laws as well as other laws that are at stake for social partners, with the European Union law. At the same time, the subject matter of the dialogue in this council is wider then the issue of the law consolidation, and covers a number of other areas, corresponding to trends of development of social dialogue that is prevailing in the EU countries. On the contrary, the absence or flaws in institutional social dialogue regarding its functioning especially at the local level, and having in mind unfavorable circumstances regarding the employees’ associations in private companies and forming of the council of employees, are a limiting factor to development of autonomous labour law, as a part of the process of consolidation. In the process of joining the EU, the request for consolidation of labour legislature with the EU law has come out, which includes the necessity of further providing legal prerequisites for social dialogue. The greatest problem in that process, apart from enactment of new labour law, is defining relations between the governing institutions and social partners. In our country there is a trend of constantly widening the subject of social dialogue to matters outside of regulating rights and interests of employees and employers, as well as the widening of dialogue to non-governmental sector. In the last decade, social partners are having more and more participation in the government and a growing influence to participation of the country in the process of joining European integrations, through the economic social council and other forms of institutional tripartite dialogue, which leads to the change of traditional relations between the institutions of government and representatives of employees and employers.

  • Issue Year: LIII/2014
  • Issue No: 68
  • Page Range: 129-142
  • Page Count: 14
  • Language: Serbian