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The Legal Framework for New Economic Governance and its Implications for Wage Policy Learning

Published online by Cambridge University Press:  27 October 2017

Abstract

This chapter examines the implications of the new European economic governance framework from a policy-learning point of view. It is argued that a new form of EU learning influence has emerged in the wake of the EMU legal and institutional crisis. The author takes the view that an inherent asymmetry in the EMU, namely the presence of a unified monetary policy without a commensurate coordination of social policy and wage-setting mechanisms, contributed to the development of the crisis. The latent consequences of this flaw—diverging (wage) growth and cost competitiveness—were brought into full view when the global financial crisis struck. In response, new wage governance instruments were established in order to exert learning pressure on wage development and wage-setting systems in the EU. The substantive orientation of this new framework is examined with an eye to determining whether it qualifies as a learning process under which wage and spending cuts supplant the role of currency depreciation as a means of addressing external economic shocks and competitiveness gaps. Finally, drawing on recent findings concerning the workings of the ‘European Semester’, the chapter assesses whether the new economic governance reforms are already generating learning outcomes at the domestic level.

Type
Research Article
Copyright
Copyright © Centre for European Legal Studies, Faculty of Law, University of Cambridge 2014

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References

1 Deakin, S and Rogowski, R, ‘Reflexive Labour Law, Capabilities, and the Future of Social Europe’ in Rogowski, R and others (eds), Transforming European Employment Policy: Labour Market Transitions and the Promotion of Capability (Cheltenham, Edward Elgar Publishing, 2011)Google Scholar.

2 The term ‘Fiscal Compact’ refers to the fiscal part of the Treaty on Stability, Coordination and Governance in the Economic and Monetary Union (TSCG). The TSCG is intended to further strengthen fiscal discipline by introducing more automatic sanctions and stricter surveillance and to reinforce the coordination of economic policies.

3 These are Regulation (EU) No 1173/2011 of 16 November 2011 ([2011] OJ L306/1); Regulation (EU) No 1174/2011 of 16 November 2011 ([2011] OJ L306/8); Regulation (EU) No 1175/2011 of 16 November 2011 amending Council Regulation (EC) No 1466/97 ([2011] OJ L306/12); Regulation (EU) No 1176/2011 of 16 November 2011 ([2011] OJ L306/25); Council Regulation (EU) No 1177/2011 of 8 November 2011 amending Regulation (EC) No 1467/97 on ([2011] OJ L306/33); and Council Directive 2011/85/EU ([2011] OJ L306/41).

4 See Conclusions of the Heads of State or Government of the Euro Area, ‘A Pact for the Euro. Stronger Economic Policy Coordination for Competitiveness and Convergence’, 11 March 2011.

5 Chalmers, D, ‘The European Redistributive State and a European Law of Struggle’ (2012) 18 European Law Journal 667 CrossRefGoogle Scholar.

6 Deakin, S, Wilkinson, F and Didry, C, ‘Marchés du Travail, Crise Financière et Réforme: Projet d’Agenda pour une Politique du Travail’ (2012) 182 L’Homme et la Société 25 CrossRefGoogle Scholar; Callinicos, A, Bonfire of Illusions: The Twin Crises of the Liberal World (Cambridge, Polity Press, 2013) 23 Google Scholar.

7 Deakin and Rogowski, n 1 above at 249.

8 This classification is drawn from the previous work of Argyris, C and Hall, PA. See Argyris, C, ‘Single-Loop and Double-Loop Models in Research on Decision Making’ (1976) 21 Administrative Science Quarterly 363–75CrossRefGoogle Scholar; Hall, PA, ‘Policy Paradigms, Social Learning, and the State: The Case of Economic Policymaking in Britain’ (1993) 25 Comparative Politics 275, 284CrossRefGoogle Scholar.

9 Gilardi, F and Radaelli, C, ‘Governance and Learning’ in Levi-Faur, D (ed), The Oxford Handbook of Governance (Oxford, Oxford University Press, 2012)Google Scholar.

10 Powell, WW and DiMaggio, PJ (eds), The New Institutionalism in Organizational Analysis (Chicago IL, University of Chicago Press, 1991)Google Scholar.

11 Sanderson, I, ‘Evaluation, Policy Learning and Evidence-based Policy Making’ (2002) 80 Public Administration 122 CrossRefGoogle Scholar; May, PJ, ‘Policy Learning and Failure’ (1992) 12 Journal of Public Policy 331354 CrossRefGoogle Scholar.

12 Angelini, E, Dieppe, A and Pierluigi, B, ‘Learning about Wage and Price Mark-ups in Euro Area Countries’ (ECB, February 2013)Google Scholar.

13 The new Social Chapter of the EC Treaty, as amended by the Treaties of Amsterdam and Nice (Art 136 EC, now Art 151 TFEU), incorporates the Agreement on Social Policy. The new Social Chapter of the EC Treaty, as amended by the Treaties of Amsterdam and Nice (Arts 136 ff EC, now Arts 151 ff TFEU), incorporates the Agreement on Social Policy; Pochet, P and Vanhercke, B, Social Challenges of Economic and Monetary Union (Berlin, Peter Lang, 1998) 68 Google Scholar.

14 Art 3a of the Maastricht Treaty (Art 119 TFEU).

15 Herdegen, M, ‘Price Stability and Budgetary Restraints in the Economic and Monetary Union: Law as the Guardian of Economic Wisdom’ (1998) 35 Common Market Law Review 932 CrossRefGoogle Scholar.

16 Deakin, S and Reed, H, ‘The Contested Meaning of Labour Market Flexibility: Economic Theory and the Discourse of European Integration’ (Centre for Business Research, University of Cambridge 2000) ESRC Working PapersGoogle Scholar.

17 Büchs, M, Friedrich, D and Pochet, P, ‘Surface Integration’ in Zeitlin, J and Magnusson, L (eds), The Open Method of Co-ordination in Action: The European Employment and Social Inclusion Strategies (PIE-Peter Lang, 2005)Google Scholar.

18 Palley, TI, ‘Europe’s Crisis without End: The Consequences of Neoliberalism’ (2013) 32 Contributions to Political Economy 2950 CrossRefGoogle Scholar; S Deakin, ‘Social Policy Will Be Critical to a Sustainable EMU’, Social Europe Journal, 18 June 2013.

19 Enderlein, H, ‘Break it, Don’t Fix it!’ (2004) 42 Journal of Common Market Studies 1039–46CrossRefGoogle Scholar.

20 Space constraints prevent us from presenting an exhaustive analysis of the EMU’s flaws and how they contributed to the euro crisis. Hancké, B, ‘Worlds Apart? Labour Unions, Wages and Monetary Integration in Continental Europe’ (Institute for Advanced Studies, 2012), IHS Political ScienceGoogle Scholar.

21 To a lesser extent in Portugal. See Afonso, A and Sousa, RM, ‘Assessing Long-Term Fiscal Developments: Evidence From Portugal’ (2010) 18 Applied Economics Letters 15 CrossRefGoogle Scholar.

22 Ibid.

23 They even ran budget surpluses for much of the five-year period (2000–2007), and their average deficits were smaller than those of Germany from 2002 to 2005.

24 S Deakin, ‘Euro Crisis and Labour Law’, 5 February 2013; Palley, TI, ‘Europe’s Crisis without End: The Consequences of Neoliberalism’ (2013) 32 Contributions to Political Economy 2950 CrossRefGoogle Scholar.

25 S Deakin, ‘Euro Crisis and Labour Law’, 5 February 2013; Hancké, B, ‘Worlds Apart? Labour Unions, Wages and Monetary Integration in Continental Europe’ (Institute for Advanced Studies, 2012), IHS Political ScienceGoogle Scholar.

26 Hancké, B, ‘Worlds Apart? Labour Unions, Wages and Monetary Integration in Continental Europe’ (Institute for Advanced Studies, 2012), IHS Political ScienceGoogle Scholar; Scharpf, FW, ‘Monetary Union, Fiscal Crisis and the Preemption of Democracy’ (Max Planck Institute for the Study of Societies, May 2011), MPIfG Discussion PaperGoogle Scholar.

27 They simply reflect inter-temporal savings and consumption and the investment preferences of private enterprises, households and governments, see Obstfeld, M and Rogoff, K, ‘The Intertemporal Approach to the Current Account’ in Handbook of International Economics, vol 3 (Amsterdam, Elsevier, 1995)Google Scholar.

28 See Regulation (EU) No 1176/2011 ([2011] OJ L306/25). Lack of fiscal discipline has also been an important component of the debate on the causes of the crisis but this chapter only focuses on the competitiveness debate.

29 Dahan, S, ‘Social and Employment Policy Learning in the Context of the Euro Crisis: From Coordinated to Disciplinary Learning’ (University of Cambridge, 2013) ch 4Google Scholar, for more details on the development of macroeconomic imbalances; Schulten, T and Müller, T, ‘A New European Interventionism? The Impact of the New European Economic Governance on Wages and Collective Bargaining’ in Natali, D and Vanhercke, B (eds), Social Developments in the European Union 2012 (ETUI and OSE, 2013)Google Scholar.

30 Mundell, RA, ‘A Theory of Optimum Currency Areas’ (1961) 51 The American Economic Review 657–65Google Scholar.

31 Armingeon, K and Baccaro, L, ‘Political Economy of the Sovereign Debt Crisis: The Limits of Internal Devaluation’ (2012) 41 Industrial Law Journal 254–75CrossRefGoogle Scholar.

32 This trend is well exemplified in the list of ‘employment friendly’ reforms discussed in the European Commission Report ‘Labour Market Developments in Europe 2012’, European Economy 5/2013, p 56.

33 The successor of the Lisbon Strategy mentioned above.

34 Armstrong, K, ‘The Lisbon Agenda and Europe 2020: From the Governance of Coordination to the Coordination of Governance’ in Copeland, P, Papadimitriou, D (eds), The EU’s Lisbon Strategy: Evaluating Success, Understanding Failure (Basingstoke, Palgrave Macmillan, 2012) 208–28CrossRefGoogle Scholar.

35 European Council ‘Presidency Conclusions, EUCO 7/10, Brussels’, 25–26 March 2010.

36 This is a set of six items of legislation—five Regulations and one Directive—intended to make governance more rigorous.

37 The corrective arms of the SGP and Macroeconomic Imbalance Procedure are not included in the European Semester since these procedures are always initiated solely on an ad hoc basis.

38 ‘A New European Interventionism? The Impact of the New European Economic Governance on Wages and Collective Bargaining’, n 29 above.

39 Commission, ‘Scoreboard for the Surveillance of Macroeconomic Imbalances’.

40 According to the ECB’s price stability objective the threshold would be 6% and not 9%, which is considered too generous.

41 ‘A Pact for the Euro’, n 4 above.

42 Germany’s wage cost stayed close to 2% in the 2000s, and fell in 2005. While wages have grown dynamically in the past years, they are still below their 2000 levels.

43 European Commission, ‘Macroeconomic Imbalances Germany 2014’, European Economy. Occasional Papers 174. March 2014. Brussels.

44 European Commission, ‘Action for Stability, Growth and JobsCOM(2012) 299 Google Scholar; Commission, ‘Country-specific Recommendations 2012’ (EU 2020, 16 April 2013).

45 European Commission, ‘Wage Setting Systems and Wage Developments’ (European Commission, 2013)Google Scholar.

46 See Aidt, T and Tzannatos, Z, ‘Trade Unions, Collective Bargaining and Macroeconomic Performance: A Review’ (2008) 39 Industrial Relations Journal 258–95CrossRefGoogle Scholar.

47 COM(2013) 750.

48 Johnston and Hancké, n 20 above.

49 European Commission, ‘Wage Setting Systems and Wage Developments’ (European Commission, 2013): ec.europa.eu/europe2020/pdf/themes/26_wage_settings.pdf, accessed 14 August 2013Google Scholar.

50 See AGS for 2012 and 2013. With the Cyprus precedent, the Commission has a new benchmark that could exert a significant learning pressure in the near future.

51 Malta did not receive any CSRs regarding its indexation system in 2014.

52 Johnston and Hancké, n 20 above, at 601–22.

53 Ibid.

54 R Janssen, ‘Indexation of Wages: A Message from the Troika to Belgium, Luxemburg and Malta’, Social Europe Journal, 9 April 2013.

55 European Commission, n 50 above.

56 In 2013, nominal compensation fell only in Greece, Portugal, Spain and Slovenia.

57 Mainly Germany, but also Sweden, France, Belgium and Poland. In 2013, Eurozone countries—Belgium, Finland, Austria, Estonia and Germany—recorded increases above 2.5%. Outside the Eurozone, Bulgaria, Romania and Hungary recorded high growth rates while Denmark and the Czech Republic recorded the most moderate growth rates.

58 T Müller and M Bernaciak, ‘Impact of the Crisis on Wages and Collective Bargaining across Europe’ ETUI Conference: Getting Europe back to work—alternatives to austerity, 6 November 2013.

59 Commission, n 50 above, 42.

60 Lopez-Santana, M, ‘The Domestic Implications of Soft Law: Framing and Transmitting Changes in Employment Policy’ (2006) 13 Journal of European Public Policy 481–99CrossRefGoogle Scholar.

61 Except for Belgium and Finland, which have headed towards more centralisation. Eurofound, Changes to wage-setting mechanism in the Context of the Crisis and the EU’s New Governance Regime (Dublin, 2014).

62 Ibid, 15.

63 Above, n 62.

64 Croatia, Italy, Hungary and Slovenia: seen 62 above, 19.

65 Ibid, 284.

66 Büchs, M, Friedrich, D and Pochet, P, ‘Surface Integration’ in Zeitlin, J and Magnusson, L (eds), The Open Method of Co-ordination in Action: The European Employment and Social Inclusion Strategies (PIE-Peter Lang, 2005)Google Scholar.

67 Eurofound, n 62 above, 30.

68 Ibid.

69 Ibid, 41.

70 Bennett, CJ and Howlett, M, ‘The Lessons of Learning: Reconciling Theories of Policy Learning and Policy Change’ (1992) 25 Policy Sciences 275–94CrossRefGoogle Scholar.

71 Citi, M and Rhodes, M, ‘New Modes of Governance in the EU: Common Objectives versus National Preferences’, January 2007, European Governance Papers (EUROGOV) 21 Google Scholar.

72 Eurofound, n 62 above.

73 Eurofound, n 62 above.

74 Esping-Andersen, G, ‘The Three Worlds of Welfare Capitalism’ in Pierson, C and Castles, FG (eds), The Welfare State Reader (Cambridge, Polity Press, 1990)Google Scholar.

75 Empirical study conducted by Lopez Santana on the OMC illustrates well this claim. See Lopez-Santana, M, ‘The Domestic Implications of Soft Law: Framing and Transmitting Changes in Employment Policy’ (2006) 13 Journal of European Public Policy 481–99CrossRefGoogle Scholar; Lopez-Santana, M, ‘Soft Europeanisation? How the Soft Pressure from Above Affects the Bottom (Differently): The Belgian, Spanish and Swedish Experiences’ (European University Institute 2007), EUI Working PaperGoogle Scholar.

76 Ikenberry, J, Lake, D and Mastandano, M, The State and American Foreign Economic Diplomacy (Ithaca NY, Cornell University Press, 1988)Google Scholar.

77 Haggard, S and Kaufman, R, The Politics of Stabilisation and Structural Adjustment (Chicago IL, University of Chicago Press, 1989)Google Scholar.

78 Hibbs, DA, ‘Political Parties and Macroeconomic Policy’ (1977) 71 The American Political Science Review 1467–87CrossRefGoogle Scholar.

79 PR Agénor, ‘The Labor Market and Economic Adjustment’, June 1996, IMF Staff Papers.

80 Wolf, M, Fixing Global Finance (JHU, 2010)Google Scholar.

81 While the problem is not confined to the EMU, there is a broad consensus that this growth model was exacerbated by EMU flaws.

82 European Commission, ‘Strengthening the Social Dimension of the Economic and Monetary UnionCOM(2013) 690provisoireGoogle Scholar;

1 Johnston and Hancké, n 20 above.

2 While household debt is falling in Germany and moderately increasing in Austria, it is dramatically increasing in the Southern periphery, with all countries well above the Euro (12) area average. In the Netherlands household debt increases rapidly as well, though not as fast as in Ireland and Spain.