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Contents: 1. Introduction. 2. Social Dialogue in the European Union, what’s in a name? 3. The EU and the social dialogue in the European Union prior to the Recommendation. 4.The genesis of the adoption of the Recommendation. 5. The structure of the Recommendation. 6. In liminis: definitions. 7.The issue of recognition of the actors. 8. The issue of information to the actors. 9.The issue of protection and non-discrimination. 10.The issue of the bargaining levels and of derogation. 11. The issue of coverage. 12. The issue of facilitating the dialogue. 13. The Recommendation in the light of international instruments. 14. Comparing the Social Dialogue in the European Union and at the level of the European Union.
1. Introduction
This contribution seeks to analyse the Council Recommendation of 12 June 2023 on strengthening social dialogue in the European Union (O.J. 6122023), hereafter called the Recommendation. In the first section, the scope of the Recommendation is analysed. This recommendation will be confronted with the state of the art prior to its adoption. Subsequently, the genesis and the adoption will be analysed. The structure of the Recommendation will be presented as a diptych, constituted by two panels. The first panel dealing with the definitions will be analysed as well as the substance of the recommendation. The recommendation will be analysed in the light of international instruments at ILO level and last but not least compared with the state of the art of social dialogue at the level of the European Union. The Recommendation deals with a concept which is deeply rooted in the often blurry newspeak of the institutions of the European Union: social dialogue. The Recommendation defines this concept in the broadest way possible, taking into account a vast array of levels, actors as well as procedures.