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Papers by Ann-Christine Hartzén

Research paper thumbnail of Plattformsarbetare och sjukpenninggrundande inkomst – lika, men ändå olika?

Förvaltningsrättslig tidskrift

Research paper thumbnail of Trade Union Solidarity and the Issue of Minimum Wage Regulation in the EU

Hart Publishing eBooks, 2023

Research paper thumbnail of The Right of the Employee to Refuse to be Transferred. A comparative and theoretical analysis

This text may be downloaded for personal research purposes only. Any additional reproduction for ... more This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the author(s), editor(s). If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the working paper or other series, the year, and the publisher. The author(s)/editor(s) should inform the Law Department of the EUI if the paper is to be published elsewhere, and should also assume responsibility for any consequent obligation(s).

Research paper thumbnail of Law, Solidarity and the Limits of Social Europe

and a member of the Swedish editorial board for the Nordic journal Retfaerd. Her current research... more and a member of the Swedish editorial board for the Nordic journal Retfaerd. Her current research focuses on in-work poverty and her research interests centre on the role of regulatory systems in shaping the conditions for precarious workers. Previous work includes systems theoretical analysis of the European Social Dialogue and methodological issues in combining systems theory with research holding normative aspirations.

Research paper thumbnail of The transformation of labour market regulatory intitutions

The aim of this paper is to explore the European Social Dialogue as a regulatory institution and ... more The aim of this paper is to explore the European Social Dialogue as a regulatory institution and its transformation in a context where the values framing labour law have changed from socialistic to ...

Research paper thumbnail of Globalisation of Labour Markets and International Systems of Industrial Relations

The Nordic Work Life Conference 2018, Oslo, Norway, June 13-15, 2018, 2018

Research paper thumbnail of Introduction to Law, Solidarity and the Limits of Social Europe

Law, Solidarity and the Limits of Social Europe, 2022

Research paper thumbnail of The future function of the European social dialogue

Research paper thumbnail of The future role of the social partners

Research paper thumbnail of Law, Solidarity and the Limits of Social Europe

Research paper thumbnail of The employee right to refuse to transfer in Sweden : nothing to discuss?

Research paper thumbnail of The effects of the financial crisis for the European Social Dialogue

Research paper thumbnail of The Right of the Employee to Refuse to be Transferred. A comparative and theoretical analysis

This paper aims at assessing the right of employees to refuse to have their contracts of employme... more This paper aims at assessing the right of employees to refuse to have their contracts of employment transferred within the framework of the transfer of undertakings Directive. A transnational as we ...

Research paper thumbnail of Strategin bör inriktas mot att förbättra anställningsvillkoren för de arbetstagare som har sämst villkor i Europa

Strategin bor inriktas mot att forbattra anstallningsvillkoren for de arbetstagare som har samst ... more Strategin bor inriktas mot att forbattra anstallningsvillkoren for de arbetstagare som har samst villkor i Europa

Research paper thumbnail of Fundamentalisation of industrial rights in the EU – an intricate network of legal sources and interpretations : Chapter in EUI Working Paper

The freedom of association, the right to collective bargaining and the right to industrial action... more The freedom of association, the right to collective bargaining and the right to industrial action are all essential elements and can even be considered as founding pillars for any autonomous industrial relations system. Put in relation with the processes of creating social policy in the EU, where the social dialogue has a role granted to it from the EC Treaty, the need for recognition of the freedom of association and the rights to collective bargaining and industrial action is evident. This paper aims to discuss and analyse these rights as fundamental rights within the EU legal order since at the EU level these rights can be questioned as to their legal status, recognition and contents. We will consider the network of national, EU and international regulations that govern these rights as well as how such regulations and other issues of importance for these rights have been treated by the ECJ. Through this analysis we will establish solid arguments in favour of considering these rig...

Research paper thumbnail of Aligning normativity with Luhmann for a critical study of industrial relations

Retfaerd, 2019

This article examines the possibility for conducting an empirical analysis of a system of industr... more This article examines the possibility for conducting an empirical analysis of a system of industrial relations using Luhmann’s theory on autopoietic systems as a framework of analysis, but aligning that analysis with the aspirations of critical theory. The article provides a methodological contribution and based on the dual understanding of the concept of values as containing both a positivistic and a normative character, the article identifies a methodological model. Through the application of this methodological model, analysing the empirical material in two steps, the researcher will be able to conduct an analysis that can generate conclusions holding normative aspirations. This is possible since the model will allow the researcher to identify the normative values that frame the programming of the system of industrial relations and the structurally coupled systems. As such the analysis will provide ground for questioning the normative values that frame the programming of the studied systems and thus generate conclusions in line with the ambitions of critical theory.

Research paper thumbnail of Den sociala dialogen som system - metodologiska reflektioner

Research paper thumbnail of The European Social Dialogue in Perspective The European Social Dialogue in Perspective Its future potential as an autopoietic system and lessons from the global maritime system of industrial relations

There are three starting points for this thesis. First, there is the system of ESD, which is crit... more There are three starting points for this thesis. First, there is the system of ESD, which is criticised for lacking capacity to improve the working conditions within the EU. Secondly, there is the system developed through the global ITF FOC campaign, which is considered to have capacity to improve working conditions for seafarers at a global level. Thirdly, there is the theory on self-referential autopoietic systems, which is a useful tool for analysing systems of industrial relations and their functions. The purpose of this thesis is to deepen the understanding of the function of the ESD in relation to the development of EU legislation and policy with the aim of trying to find a model for providing a holistic analysis of regulatory systems for the labour market. The research questions are: 'How can the significant differences and similarities between the ESD and the global ITF FOC campaign be understood?' and 'Why is the ESD generally regarded as lacking the capacity needed for producing results that improve working conditions, while the ITF FOC is considered to have such capacity?' The theoretical framework used for the analysis is Luhmann's theory on autopoietic systems. Since the thesis has a normative core I have applied a methodological model that consists of a two-layer analysis at both the empirical and theoretical level. Firstly an analysis of positivistic values has been carried out and secondly an analysis of hermeneutic values. The empirical material consists of documents and texts that can be considered part of or reflecting the communication of the studied systems. The main conclusion is that whereas the ITF FOC system is a traditional system of industrial relations based on the binary code of negotiable or non-negotiable between collective actors the ESD is a system of industrial relations based on a less clear binary code of discussable or non-discussable. The ESD is also subject to less developed communicative structures that negatively affect the system's capacity both to produce results and to secure the efficient implementation and application of these results. This makes the ESD as a system more sensitive to hermeneutic values framing the programming of structurally coupled systems causing difficulties for the ESD to challenge such hermeneutic values. Key words: European social dialogue, ITF FOC campaign, EU labour rights, autopoietic systems, collective bargaining, EU social policy, international industrial relations, social objectives of the EU, autopoietic systems Classification system and/or index terms (if any) Supplementary bibliographical information Language: English ISSN and key title ISBN 978-91-7753-275-0 (Print) 978-91-7753-276-7 (Pdf) Recipient's notes Number of pages: 389 Price

Books by Ann-Christine Hartzén

Research paper thumbnail of The European Social Dialogue in Perspective The European Social Dialogue in Perspective Its future potential as an autopoietic system and lessons from the global maritime system of industrial relations

There are three starting points for this thesis. First, there is the system of ESD, which is crit... more There are three starting points for this thesis. First, there is the system of ESD, which is criticised for lacking capacity to improve the working conditions within the EU. Secondly, there is the system developed through the global ITF FOC campaign, which is considered to have capacity to improve working conditions for seafarers at a global level. Thirdly, there is the theory on self-referential autopoietic systems, which is a useful tool for analysing systems of industrial relations and their functions. The purpose of this thesis is to deepen the understanding of the function of the ESD in relation to the development of EU legislation and policy with the aim of trying to find a model for providing a holistic analysis of regulatory systems for the labour market. The research questions are: ‘How can the significant differences and similarities between the ESD and the global ITF FOC campaign be understood?’ and ‘Why is the ESD generally regarded as lacking the capacity needed for producing results that improve working conditions, while the ITF FOC is considered to have such capacity?’ The theoretical framework used for the analysis is Luhmann’s theory on autopoietic systems. Since the thesis has a normative core I have applied a methodological model that consists of a two-layer analysis at both the empirical and theoretical level. Firstly an analysis of positivistic values has been carried out and secondly an analysis of hermeneutic values. The empirical material consists of documents and texts that can be considered part of or reflecting the communication of the studied systems. The main conclusion is that whereas the ITF FOC system is a traditional system of industrial relations based on the binary code of negotiable or non-negotiable between collective actors the ESD is a system of industrial relations based on a less clear binary code of discussable or non-discussable. The ESD is also subject to less developed communicative structures that negatively affect the system’s capacity both to produce results and to secure the efficient implementation and application of these results. This makes the ESD as a system more sensitive to hermeneutic values framing the programming of structurally coupled systems causing difficulties for the ESD to challenge such hermeneutic values.

Research paper thumbnail of Plattformsarbetare och sjukpenninggrundande inkomst – lika, men ändå olika?

Förvaltningsrättslig tidskrift

Research paper thumbnail of Trade Union Solidarity and the Issue of Minimum Wage Regulation in the EU

Hart Publishing eBooks, 2023

Research paper thumbnail of The Right of the Employee to Refuse to be Transferred. A comparative and theoretical analysis

This text may be downloaded for personal research purposes only. Any additional reproduction for ... more This text may be downloaded for personal research purposes only. Any additional reproduction for other purposes, whether in hard copy or electronically, requires the consent of the author(s), editor(s). If cited or quoted, reference should be made to the full name of the author(s), editor(s), the title, the working paper or other series, the year, and the publisher. The author(s)/editor(s) should inform the Law Department of the EUI if the paper is to be published elsewhere, and should also assume responsibility for any consequent obligation(s).

Research paper thumbnail of Law, Solidarity and the Limits of Social Europe

and a member of the Swedish editorial board for the Nordic journal Retfaerd. Her current research... more and a member of the Swedish editorial board for the Nordic journal Retfaerd. Her current research focuses on in-work poverty and her research interests centre on the role of regulatory systems in shaping the conditions for precarious workers. Previous work includes systems theoretical analysis of the European Social Dialogue and methodological issues in combining systems theory with research holding normative aspirations.

Research paper thumbnail of The transformation of labour market regulatory intitutions

The aim of this paper is to explore the European Social Dialogue as a regulatory institution and ... more The aim of this paper is to explore the European Social Dialogue as a regulatory institution and its transformation in a context where the values framing labour law have changed from socialistic to ...

Research paper thumbnail of Globalisation of Labour Markets and International Systems of Industrial Relations

The Nordic Work Life Conference 2018, Oslo, Norway, June 13-15, 2018, 2018

Research paper thumbnail of Introduction to Law, Solidarity and the Limits of Social Europe

Law, Solidarity and the Limits of Social Europe, 2022

Research paper thumbnail of The future function of the European social dialogue

Research paper thumbnail of The future role of the social partners

Research paper thumbnail of Law, Solidarity and the Limits of Social Europe

Research paper thumbnail of The employee right to refuse to transfer in Sweden : nothing to discuss?

Research paper thumbnail of The effects of the financial crisis for the European Social Dialogue

Research paper thumbnail of The Right of the Employee to Refuse to be Transferred. A comparative and theoretical analysis

This paper aims at assessing the right of employees to refuse to have their contracts of employme... more This paper aims at assessing the right of employees to refuse to have their contracts of employment transferred within the framework of the transfer of undertakings Directive. A transnational as we ...

Research paper thumbnail of Strategin bör inriktas mot att förbättra anställningsvillkoren för de arbetstagare som har sämst villkor i Europa

Strategin bor inriktas mot att forbattra anstallningsvillkoren for de arbetstagare som har samst ... more Strategin bor inriktas mot att forbattra anstallningsvillkoren for de arbetstagare som har samst villkor i Europa

Research paper thumbnail of Fundamentalisation of industrial rights in the EU – an intricate network of legal sources and interpretations : Chapter in EUI Working Paper

The freedom of association, the right to collective bargaining and the right to industrial action... more The freedom of association, the right to collective bargaining and the right to industrial action are all essential elements and can even be considered as founding pillars for any autonomous industrial relations system. Put in relation with the processes of creating social policy in the EU, where the social dialogue has a role granted to it from the EC Treaty, the need for recognition of the freedom of association and the rights to collective bargaining and industrial action is evident. This paper aims to discuss and analyse these rights as fundamental rights within the EU legal order since at the EU level these rights can be questioned as to their legal status, recognition and contents. We will consider the network of national, EU and international regulations that govern these rights as well as how such regulations and other issues of importance for these rights have been treated by the ECJ. Through this analysis we will establish solid arguments in favour of considering these rig...

Research paper thumbnail of Aligning normativity with Luhmann for a critical study of industrial relations

Retfaerd, 2019

This article examines the possibility for conducting an empirical analysis of a system of industr... more This article examines the possibility for conducting an empirical analysis of a system of industrial relations using Luhmann’s theory on autopoietic systems as a framework of analysis, but aligning that analysis with the aspirations of critical theory. The article provides a methodological contribution and based on the dual understanding of the concept of values as containing both a positivistic and a normative character, the article identifies a methodological model. Through the application of this methodological model, analysing the empirical material in two steps, the researcher will be able to conduct an analysis that can generate conclusions holding normative aspirations. This is possible since the model will allow the researcher to identify the normative values that frame the programming of the system of industrial relations and the structurally coupled systems. As such the analysis will provide ground for questioning the normative values that frame the programming of the studied systems and thus generate conclusions in line with the ambitions of critical theory.

Research paper thumbnail of Den sociala dialogen som system - metodologiska reflektioner

Research paper thumbnail of The European Social Dialogue in Perspective The European Social Dialogue in Perspective Its future potential as an autopoietic system and lessons from the global maritime system of industrial relations

There are three starting points for this thesis. First, there is the system of ESD, which is crit... more There are three starting points for this thesis. First, there is the system of ESD, which is criticised for lacking capacity to improve the working conditions within the EU. Secondly, there is the system developed through the global ITF FOC campaign, which is considered to have capacity to improve working conditions for seafarers at a global level. Thirdly, there is the theory on self-referential autopoietic systems, which is a useful tool for analysing systems of industrial relations and their functions. The purpose of this thesis is to deepen the understanding of the function of the ESD in relation to the development of EU legislation and policy with the aim of trying to find a model for providing a holistic analysis of regulatory systems for the labour market. The research questions are: 'How can the significant differences and similarities between the ESD and the global ITF FOC campaign be understood?' and 'Why is the ESD generally regarded as lacking the capacity needed for producing results that improve working conditions, while the ITF FOC is considered to have such capacity?' The theoretical framework used for the analysis is Luhmann's theory on autopoietic systems. Since the thesis has a normative core I have applied a methodological model that consists of a two-layer analysis at both the empirical and theoretical level. Firstly an analysis of positivistic values has been carried out and secondly an analysis of hermeneutic values. The empirical material consists of documents and texts that can be considered part of or reflecting the communication of the studied systems. The main conclusion is that whereas the ITF FOC system is a traditional system of industrial relations based on the binary code of negotiable or non-negotiable between collective actors the ESD is a system of industrial relations based on a less clear binary code of discussable or non-discussable. The ESD is also subject to less developed communicative structures that negatively affect the system's capacity both to produce results and to secure the efficient implementation and application of these results. This makes the ESD as a system more sensitive to hermeneutic values framing the programming of structurally coupled systems causing difficulties for the ESD to challenge such hermeneutic values. Key words: European social dialogue, ITF FOC campaign, EU labour rights, autopoietic systems, collective bargaining, EU social policy, international industrial relations, social objectives of the EU, autopoietic systems Classification system and/or index terms (if any) Supplementary bibliographical information Language: English ISSN and key title ISBN 978-91-7753-275-0 (Print) 978-91-7753-276-7 (Pdf) Recipient's notes Number of pages: 389 Price

Research paper thumbnail of The European Social Dialogue in Perspective The European Social Dialogue in Perspective Its future potential as an autopoietic system and lessons from the global maritime system of industrial relations

There are three starting points for this thesis. First, there is the system of ESD, which is crit... more There are three starting points for this thesis. First, there is the system of ESD, which is criticised for lacking capacity to improve the working conditions within the EU. Secondly, there is the system developed through the global ITF FOC campaign, which is considered to have capacity to improve working conditions for seafarers at a global level. Thirdly, there is the theory on self-referential autopoietic systems, which is a useful tool for analysing systems of industrial relations and their functions. The purpose of this thesis is to deepen the understanding of the function of the ESD in relation to the development of EU legislation and policy with the aim of trying to find a model for providing a holistic analysis of regulatory systems for the labour market. The research questions are: ‘How can the significant differences and similarities between the ESD and the global ITF FOC campaign be understood?’ and ‘Why is the ESD generally regarded as lacking the capacity needed for producing results that improve working conditions, while the ITF FOC is considered to have such capacity?’ The theoretical framework used for the analysis is Luhmann’s theory on autopoietic systems. Since the thesis has a normative core I have applied a methodological model that consists of a two-layer analysis at both the empirical and theoretical level. Firstly an analysis of positivistic values has been carried out and secondly an analysis of hermeneutic values. The empirical material consists of documents and texts that can be considered part of or reflecting the communication of the studied systems. The main conclusion is that whereas the ITF FOC system is a traditional system of industrial relations based on the binary code of negotiable or non-negotiable between collective actors the ESD is a system of industrial relations based on a less clear binary code of discussable or non-discussable. The ESD is also subject to less developed communicative structures that negatively affect the system’s capacity both to produce results and to secure the efficient implementation and application of these results. This makes the ESD as a system more sensitive to hermeneutic values framing the programming of structurally coupled systems causing difficulties for the ESD to challenge such hermeneutic values.