Flexicurity and the Lisbon Agenda A

This book contains the papers that were drafted in view of the conference. They are written from different disciplinary angles, such as economics, political sciences, labor markets studies, social policy, and law.

Frank Hendrickx graduated in law in 1992 as well as in philosophy (1993) at the University of Leuven. In 1997 he received a LL.M. at the London School of Economics (United Kingdom). In 1999 he acquired a doctorate in law from the KU Leuven. Between 1994 and 2000 he worked as an Assistant at the Institute for Labour Law and was also admitted to the Bar of Antwerp. As from 2000 he worked part-time as a post-doctoral researcher for the Fund for Scientific Research Flanders, and later on as a part-time professor in Leuven, in combination with assignments at the University of Tilburg. Since October 2009 Frank Hendrickx is a full-time Professor at the Faculty of law of the KU Leuven and Director of the Institute for Labour Law. He combines this assignment with a Jean Monnet Chair in European labour law at Tilburg University’s Research Institute ReflecT. Frank Hendrickx published many titles in the field of labour law and sports law, and also took part in numerous seminars and workshops. He is the editor-in-chief of the “European Labour Law Journal”.

Foreword	p. v
Introduction	p. vii
About the Leo Tindemans Chair	p. ix
Notes on Contributors	p. xi
The World of Work in the XXI Century from Globalization to Flexicurity	p. 1
Factors of Change	p. 1
Answers	p. 2
Labour Law & IR & HRM	p. 3
Factors and Effects	p. 3
New Technologies: The Information Society	p. 3
The Tertiarization of the Economy	p. 3
Externalization	p. 5
Outsourcing	p. 5
Chains of SMEs	p. 5
Industrialization of Services	p. 6
Summing-Up: Transcending All Barriers	p. 6
Consequences for the Labour Markets	p. 7
Networking	p. 7
Kinds of Jobs	p. 8
Glocalization	p. 9
Globalization & Market Economy	p. 9
Globalization	p. 9
The Role of Multinational Enterprises	p. 10
The Role of the State	p. 10
Globalization. Who Wins?	p. 11
Localization	p. 13
Concluding Remarks	p. 13
The Demographic Implosion. Shortage of Labour	p. 14
Diversity and Discrimination	p. 16
Equality in Reality	p. 17
The European Year of Equal Opportunities for All (2007) - Towards a Just Society	p. 18
Ongoing Discrimination	p. 18
Answers	p. 19
Creativity. The Battle for Brains	p. 19
From Boss to Coach	p. 19
Restructuring: From Flexicurity to Transsecurity	p. 20
What is Flexicurity?	p. 21
The Components of Flexicurity	p. 21
Transsecurity	p. 22
The Demographic Implosion. Shortage of Labour	p. 23
Equality and Integration	p. 26
Beyond the Law	p. 26
Positive Action	p. 26
Various and Overlapping Grounds	p. 28
Broadening the Scope of Protection	p. 28
Diversity Reporting and Privacy	p. 28
Integration	p. 29
A Long Way to Go	p. 29
Small Steps	p. 29
Shortage on the Labour Market	p. 30
We Are Not Allowed to Fail	p. 30
Labour Law & Industrial Relations & Human Resources	p. 30
National Systems Versus Regional and International Norms	p. 30
Conclusion	p. 32
Flexicurity: Is Europe Right on Track?	p. 33
Introduction	p. 33
The Development in the European Perspective on Economic and Social Goals	p. 34
Theoretical Views on Flexicurity	p. 35
European Flexicurity Pathways	p. 39
Flexicurity Pathway 1: Dealing with Flexibility at the Margin	p. 40
Flexicurity Pathway 2: Securing Transitions from Job to Job	p. 41
Flexicurity Pathway 3: Access to Learning and Good Transitions for All	p. 41
Flexicurity Pathway 4: Comprehensive Social Security Supporting Transitions to Regular Work	p. 42
Flexicurity Practices in the Netherlands	p. 42
Remaining Challenges in the Netherlands	p. 45
Conclusions	p. 47
Between Innovation and Ambiguity. The Role of Flexicurity in Labour Market Analysis and Policy Making	p. 49
Introduction	p. 49
Flexicurity: Broadening and the Labour Market Debate	p. 50
The Bankruptcy of the Neoclassical View and the Emergence of the EES	p. 50
Flexicurity: An Innovative Contribution	p. 51
Ambiguity, Policy and Politics	p. 53
Conflict Instead of Consensus: The European Flexicurity Debate	p. 55
Conclusions	p. 59
References	p. 60
The Danish Flexicurity Model - A Lesson for the US?	p. 65
Introduction and Background	p. 65
Methodology and Structure of the Paper	p. 67
The Danish Flexicurity Model	p. 67
The Concept of Flexicurity	p. 67
The Golden Triangle	p. 68
Flexibility, Security and Active Labour Market Policies	p. 68
Effects of the `Golden Triangle'	p. 72
Historical and Political Contexts	p. 74
Flaws in Danish Labour Market Regulation	p. 76
US Employment Regulation in a Flexicurity Perspective	p. 78
Flexibility and Security in the US	p. 78
Unemployment Insurance	p. 79
Trade Adjustment Assistance	p. 82
Intensified International Competition and Job Quality	p. 86
The Proposal of Wage Insurance	p. 87
The Question of Transferability	p. 88
What is Cross-National Policy Transfer?	p. 88
The European Discussion	p. 90
Can Those Who Want to Learn, Learn?	p. 92
Bottom-Up Versus Top-Down - New Roads to Learning	p. 94
A Lesson for the US - and a Lesson for the Danes?	p. 95
Conclusion and Discussion	p. 95
From Copenhagen to Washington	p. 95
Employment Security and Job Quality	p. 97
References	p. 99
Flexicurity: Between Theory and Empirical Evidence	p. 105
The Problem	p. 105
The EU Flexicurity Concept	p. 106
The Two Components of Flexicurity	p. 108
Flexibility	p. 109
Social Security as Non-Precarious Work	p. 110
Data and Method	p. 112
Empirical Findings	p. 116
Institutional and Actual Labour Flexibility	p. 116
Connection Between Flexibility and Precariousness of Work	p. 118
Relationship Between Particular Indicators	p. 119
Conclusions	p. 120
References	p. 121
Regulating Flexicurity and Responsive Labour Law	p. 123
Introduction	p. 123
Outset	p. 123
Focus of This Contribution	p. 125
The EU Labour Law and Social Policy Nexus	p. 126
Broader Context	p. 126
The Specified Place of Labour Law in the EU	p. 128
Competences of the EU in Labour Law	p. 129
The Economic and Social Policy Nexus	p. 132
Towards Socially Acceptable Economic Integration	p. 133
Towards Economically Acceptable Social Integration	p. 135
The Green Paper on European Social Policy (1993)	p. 135
The White Paper on Growth, Competitiveness and Employment (1993)	p. 135
The White Paper on European Social Policy (1994)	p. 139
The Hard and Soft Law Nexus	p. 140
Hard Labour Law Mechanisms on Flexibility	p. 141
Soft Law Mechanisms on Flexicurity	p. 144
A New Discourse: Flexibility Pushes Employment Security away from Job Security	p. 144
A New and Softer Method	p. 145
The Flexicurity and Labour Law Nexus: Towards Responsive Regulation of Flexicurity and Responsive Labour Law	p. 148
European Background	p. 148
On Dismissal Law	p. 150
Responsive Labour Law	p. 152
Using Responsive Regulation for Flexicurity	p. 155
A Responsive Regulation Model of Flexicurity	p. 157
A Matrix of a Responsive Regulation of Flexicurity	p. 159
Conclusion	p. 159
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Flexicurity and the Lisbon Agenda A Cross-Disciplinary Reflection

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