degree of legal misfit |
limited
practical significance |
degree of policy misfit (total) |
high | no | high |
high | yes | medium |
medium | no | medium |
medium | yes | low |
low | no | low |
low | yes | low |
none | | none |
Source: Falkner/Treib/Hartlapp/Leiber forthcoming
DEGREE
OF POLICY MISFIT |
DEGREE OF
POLITICS/POLITY MISFIT |
COSTS |
Combination of three sub-forms of misfit results in: DEGREE OF OVERALL MISFIT |
high | high | high | high |
high | medium | medium | high |
high | low | low | high |
low | low | low | low |
low | medium | low | medium |
low | high | low | high |
(same logic applies to further combinations of scores) | |||
Source: Falkner/Treib/Hartlapp/Leiber forthcoming
Cost category potentially arising from particular Directive | Sectors
and groups of workers affected |
Maximum
short-term cost potential |
Higher
long-term cost potential |
|
Work Contract Information Directive | (f) administrative burden to issue written information | all | low | |
Pregnant Workers Directive | (a) pay or allowance during leave (if
social insurance pays) (c) costs for replacement, leave, transfer or suspension (d) risk assessment costs (f) administrative burden of information transfer |
only particular and small group of work force included | medium | |
Working Time Directive | (b) less hours per worker make effective
labour costs rise (additional workers needed or extra pay for over time)
(d) costs for improved health protection (e.g. checks for night workers) (e) change of shift schedules etc. (f) administrative burdens (bookkeeping, notification of night work, etc.) |
cuts across categories and sectors | high | |
Young Workers Directive | (b) working time reductions (costs for
additional workers or more expensive adult workers) (d) costs for improved health protection (e) change of work schedules etc. |
applies to small group of workers only | medium | |
Parental Leave Directive | (c) replacement costs (selection
procedure, training) (f) some administrative burden if parental leave is new or if new system is more flexible |
applies to group of workers only (parents) | low | yes (if more fathers take up their right) |
Part-time Work Directive | (b) higher costs via non-discrimination
in wages and working conditions (e) change of work schedules |
applies to group of workers only (part-timers) | medium | |
Source: Falkner/Treib/Hartlapp/Leiber forthcoming
None | Low | Medium | High | |
Employment Contract | - | 15 | - | - |
Pregnant Workers | - | 12 | 3 | - |
Young Workers | - | 15 | - | - |
Working Time | - | 8 | 5 | 2 |
Parental Leave | - | 15 | - | - |
Part-Time Work | 1 | 9 | 5 | - |
total (90 cases) | 1 | 74 | 13 | 2 |
% of total cases | 1% | 83% | 14% | 2% |
Source: Falkner/Treib/Hartlapp/Leiber forthcoming
Misfit | Directives | |||||||
EC | PW | WT | YW | PL | PTW | total | % | |
none | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 1% |
low | 12 | 6 | 6 | 9 | 6 | 7 | 46 | 51% |
medium | 3 | 8 | 6 | 6 | 5 | 5 | 33 | 37% |
high | 0 | 1 | 3 | 0 | 4 | 2 | 10 | 11% |
total | 15 | 15 | 15 | 15 | 15 | 15 | 90 | 100% |
Legend: | ||||||
EC | Employment Contract | YW | Young Workers(1) | |||
PW | Pregnant Workers | PL | Parental Leave | |||
WT | Working Time | PTW | Part-Time Work |
Source: Falkner/Treib/Hartlapp/Leiber forthcoming
MS | Overall misfit |
Number of cases |
Points | MS | Overall
misfit |
Number of cases |
Points | |
F | low medium high |
6 0 0 |
6 | I | low medium high |
2 4 0 |
10 | |
E | low medium high |
6 0 0 |
6 | S | low medium high |
3 2 1 |
10 | |
NL | low medium high |
4 1 0 |
6 | A | low medium high |
1 5 0 |
11 | |
D | low medium high |
5 1 0 |
7 | P | low medium high |
1 5 0 |
11 | |
FIN | low medium high |
4 2 0 |
8 | DK | low medium high |
2 1 3 |
13 | |
LUX | low medium high |
4 1 1 |
9 | IRL | low medium high |
1 3 2 |
13 | |
B | low medium high |
3 3 0 |
9 | GB | low medium high |
1 2 3 |
14 | |
GR | low medium high |
3 3 0 |
9 |
Legend: | ||||||
Points given for no misfit = 0, low =1, medium =2, high =3. | ||||||
EC | Employment Contract | YW | Young Workers(*) | |||
PW | Pregnant Workers | PL | Parental Leave | |||
WT | Working Time | PTW | Part-Time Work |
(*) It should be mentioned that the UK is a special case with regard to this Directive (Treib 2004), for there are two sizes of misfit under an earlier and a second implementation deadline. We calculated medium misfit in this table, since this is the total effect, in the long run.
Level | Europeanisation of |
Macro | type of regime on policy level |
Meso | individual policy instrument or number
of recent instruments (recent policy stream, see text below) |
Micro | action by individual or corporate actors
(even if no result in terms of policy) |
Dimension of policy stream: | Example (abstract) |
Example (specific) |
Relevance for our empirical study(**) |
Content | policy-specific measures and their overall direction (change within(***) the type rule system) | a new law on specific aspects of working conditions, or a series of such laws (but not: a basic reform of the employment model) | developments (if unidirectional) might sum up and lead to change in regime at some point |
Process | patterns of decision-making applied recently | degree of interest group participation in the adoption of this/these recent law(s) | even in a country with, e.g., pluralist tradition of labour law making, there may be a tripartite pact including such aspects, at a given point in time (and any pro-corporatist EU-level impact would not be as foreign as without it) |
Discourse | ideas, arguments and communicative action characterising the current political debate | a "liberalisation discourse" may dominate politics e.g. in the field of labour law at a specific point in time in a given country | looking only at, e.g., a rather protective labour law system could be misleading if, at the same time, an intensive national liberalisation discourse prevails which makes a country comparatively more open for a liberalising EU-generated impact |
(**) Only focussing on regime changes, one would overlook developments below that level.
(***) Such change may affect the deeply rooted regime type, but does not profoundly challenge it. Otherwise, there would be a change on the macro level.
Theoretical lens | historical institutionalism | discourse analysis | rational choice |
Empirical phenomenon in focus | institutions as national models or regime types | policy stream | strategic action |
Degree of expected stability | high (since deeply rooted) | medium (fairly well-rooted) | low (since rather flexible) |
Macro level | Meso level of recent policy stream |
Micro
level of individual action |
|
Country: Austria |
corporatism type: tripartite concertation in social policy no change on that level, at large | dismantling of corporatism Europeanisation effect: conservation of co-operative patterns in field of Europeanised social policy (as opposed to other sub-fields) | unions have new opportunity in
multi-level games e.g. Parental Leave Directive: unions promoted "individual right" to take leave via supra-national level; new kind of multi-level games take place |