These „autonomous agreements“ are „voluntary“ because they are concluded with or without the Commission`s initiative, but cannot be implemented by the method of a Council decision under Article 155, paragraph 2, of the EUSVER, although they are „implemented under this provision … specific procedures and procedures applicable to social partners and Member States.“ Examples of self-governing interprofessional agreements include telework (2002), work-related stress (2004), harassment and violence in the workplace (2007) and inclusive labour markets (2010). At the sector level, too, there are autonomous agreements – for example. B, „the European licence agreement for drivers performing a cross-border interoperability service“ (2004); So far, only one cross-sector agreement – the agreement on protecting workers` health through the proper use of crystalline silica and the products that contain it“ (2006) – has been concluded. In the CONTEXT of the EU, the term `voluntary agreement` generally refers to an agreement which is not the result of a political decision-making process exclusively within the framework of the official EU institutions (European Commission, Council of the European Union, European Parliament – i.e. the so-called Community method), but mainly the result of negotiations between organisations of legitimate social partners to reach such agreements through EU legislation. The main failure of a voluntary agreement is that they are not enshrined in EU law. The European social dialogue is one of the most important examples of this new „alternative“ mode of governance; In its 2002 communication entitled „European Social Dialogue, a Force for Innovation and Change“ (COM (2002) 341 final, 26 June 2002), the Commission declares that social dialogue is „the key to better governance“ and calls for greater participation of social partners „on a voluntary basis“. The 2004 communication, entitled „Partnership for Change in an Enlarged Europe – Strengthening the Contribution of European Social Dialogue“ (COM (2004) 557 final, 12 August 2004), places particular emphasis on voluntary agreements (called „autonomous agreements“ in communication). Since the 1990s, the EU has developed a new regulatory policy that increasingly focuses on the use of alternative instruments that complement traditional legislation.
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