30+ Years of European Social Dialogue: What Way Forward After the <i>EPSU</i>-Case?

Abstract For 30+ years the European Social Dialogue (ESD) has been an important part of European Union law-making in the field of social policy, which makes it a good moment to look back, but mostly to look forward. The latter, especially after the rulings in the EPSU-case, which were criticised as meaning the end of the European Social Dialogue. The aim of our contribution is therefore to interrogate and assess the future of the ESD through an empirically grounded analyses of ESD and its dynamic relationship to the evolutionary process of European integration. Our conclusion is that in terms of input and output legitimacy, the ESD can improve, especially by building coalitions, and by improving the quality of their output by applying the Better Regulation principles to their agreements. Both activities would lead to the further maturing of their autonomy and might lead to a greater respect for horizontal subsidiarity by the Commission.