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Final Copy 2019 11 28 Anton This electronic thesis or dissertation has been downloaded from Explore Bristol Research, http://research-information.bristol.ac.uk Author: Antonoudiou, Christiana Title: Multi-level regulation of employment security and social security systems the contemporary implications for Cyprus General rights Access to the thesis is subject to the Creative Commons Attribution - NonCommercial-No Derivatives 4.0 International Public License. A copy of this may be found at https://creativecommons.org/licenses/by-nc-nd/4.0/legalcode This license sets out your rights and the restrictions that apply to your access to the thesis so it is important you read this before proceeding. Take down policy Some pages of this thesis may have been removed for copyright restrictions prior to having it been deposited in Explore Bristol Research. However, if you have discovered material within the thesis that you consider to be unlawful e.g. breaches of copyright (either yours or that of a third party) or any other law, including but not limited to those relating to patent, trademark, confidentiality, data protection, obscenity, defamation, libel, then please contact [email protected] and include the following information in your message: •Your contact details •Bibliographic details for the item, including a URL •An outline nature of the complaint Your claim will be investigated and, where appropriate, the item in question will be removed from public view as soon as possible. Multi-level regulation of employment security and social security systems: the contemporary implications for Cyprus Christiana Antonoudiou A dissertation submitted to the University of Bristol in accordance with the requirements for award of the degree of Ph.D. in the Faculty of Social Sciences and Law, University of Bristol Law School, August 2019. Word Count: 86110 Abstract This research study explores the multi-level regulation of the employment security and social security systems. It applies a systems theory approach based on the understanding of reflexive law developed by Gunther Teubner and Ralf Rogowski to analyse the relationship between the regulatory systems at the international (United Nations, including the International Labour Organisation), European (Council of Europe and European Union) and domestic (Cypriot) levels. This multi-faceted study illustrates that transnational and national labour systems have conceptualized and endorsed in different ways the concept of employment security. From a flexicurity perspective, as a form of re-regulation, this thesis argues that employment security could be achieved through reflexive communication with social security systems. The thesis discusses the complexity of flexicurity and shows that employment security, which takes the meaning of swift transitions in the labour market, sometimes can converge or collide with job security, which refers to security in a specific job. In this context, this thesis argues that the budgetary considerations, as part of the austerity measures, which were agreed between the Troika (the European Commission, the European Central Bank and the International Monetary Fund ) and the Government of Cyprus, tend to promote the bare notion of employability rather than focusing on employment security. This bare notion of employability, which is the commercial aspect of flexicurity, facilitates the transition from unemployment to employment, however, it does not necessarily facilitate personal transitions in the labour market (to enter, re-enter, or remain in employment of one’s choosing). In this context, this thesis suggests there is a need to promote collective bargaining as a stronger form of social dialogue as a means to mediate emerging tensions and power imbalances (such as in the context of economic dismissals). From a normative analysis, it emerges that transnational regulatory systems are more interested in human rights protections and non-discrimination rather than employment security. For example, the European Court of Human Rights has regarded dismissals as actionable under articles 8 to 11 of the European Court of Human Rights. But both the EU and the ILO have added to their normative framework prohibitions on discriminatory dismissals. The EU additionally provides detailed procedures to govern economic dismissals, while ILO Convention N.158 introduces minimum standards for job security protections. In terms of social security regulation, the ILO sets a baseline of standards for social security protection whereas the EU coordinates divergent social security systems to facilitate the freedom of movement of workers and their families in the EU labour market. The CoE endorsed contributory and non-contributory benefits in the spectrum of ECHR (article 6 ECHR and A1P1 ECHR) and the ESC/RSC (as part of the right to social security). Nevertheless, the Cypriot legal system shows its strong capacity to self-produce its own procedures and regulate employment security and social security. This thesis illustrates that the Republic of Cyprus did not fully endorse the concept of employment security, as the Cypriot Courts adopted a favouring approach towards job security protections. Whereas, social security regulation at domestic level seems to reflect the tensions between economic budgetary interests and social security protection. In this context, this thesis suggests that employment and social security regulatory systems, despite their internal differentiation, could converge through reflexive mechanisms, such as the EES and Social OMC. i Dedication To my beloved parents, Michael and Stella, for their unwavering love and constant support. ii Acknowledgments First and foremost, I would like to express my deepest gratitude to my supervisor, Professor Tonia Novitz, for her patient guidance, invaluable advice, and continuous support throughout the process of writing this thesis. Without her expertise, this thesis would not have been possible. Her enthusiastic encouragement has always kept me going ahead, even during challenging times in this Ph.D. pursuit. It has been a privilege working with her! My grateful thanks are extended to my second supervisor, Ms Nina Boeger, for her warm support and motivation. I greatly appreciate the dedication, help and support that I received from all staff members of the University of Bristol Law School. Particularly, I would like to express my sincere thanks to the Postgraduate Senior Admissions Administrator, Mrs Stephanie Dimberline, who has always been very kind and supportive through this journey. I am extremely grateful to all my fellow PhD colleagues and friends for their support, valuable advice, unequivocal love and humour that made me strong enough to cope up with difficult times. Thank you for providing me with a friendly and inspiring working environment. The wonderful memories we shared and treasured together along the way, will always be imprinted in my heart. Special thanks to my friends in Cyprus for always standing by my side all these years. Last, but not least, I would also like to say a heartful thank you to my parents, Michael and Stella, my brother, Pantelis, and my grandmother, Stavroulla, for always believing in me and encouraging me to follow my dreams. They have been a constant source of unwavering love, support and understanding for as long as I can remember. I am especially grateful to my brother for always being there when I needed a friend. I am also forever indebted to my parents for their endless patience, unconditional trust and support. This journey would not have been possible without you. Thank you for always being there for me! iii Author’s declaration I declare that the work in this dissertation was carried out in accordance with the requirements of the University's Regulations and Code of Practice for Research Degree Programmes and that it has not been submitted for any other academic award. Except where indicated by specific reference in the text, the work is the candidate's own work. Work done in collaboration with, or with the assistance of, others, is indicated as such. Any views expressed in the dissertation are those of the author. SIGNED: Christiana Antonoudiou DATE: 20 August 2019 iv Table of Contents Abstract ....................................................................................................................................... i Dedication .................................................................................................................................. ii Acknowledgments ..................................................................................................................... iii Author’s declaration ................................................................................................................. iv List of Abbreviations ............................................................................................................... viii Chapter 1: Introduction .......................................................................................................... 1 Chapter 2: Flexicurity ............................................................................................................. 7 2.1 Introduction .......................................................................................................................... 7 2.2 History of flexicurity............................................................................................................ 7 2.2.1 The origins of flexicurity: the Netherlands and Denmark ...............................................
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