good state definition
good state means a democratic state whose authorities can properly and efficiently gov- ern the collective labour relations, in such a manner so as to ensure achievement and maintenance of social peace via social dialogue between the social partners representing the collective interests of workers and employers. The social peace as a common good means a condition in which none of the social partners’ organizations (trade unions, em- ployer organisations) see benefits in exercising the fundamental freedoms and/or rights to organise collective actions (strikes or lockouts) in order to exert pressure on the partner participating in the social dialogue. Art. 2 of the Treaty of Lisbon amending the Treaty on European Union and the Treaty establishing the European Community, signed at Lisbon on 13 December 20073, officially and solemnly declares that “The Union’s aim is to pro- mote peace, its values and the well-being of its peoples” (Art. 2(1)). The said provision of the Treaty imposes an obligation on the authorities of the European Union and authorities of its Member States to guarantee to “<...> its citizens an area of freedom, security and jus- tice <...>” (Art. 2(2)). In the collective labour law the above statements are understood clearly: the EU institutions are obliged to guarantee social peace in collective labour re- lations. A chance for achievement of permanent social peace in the collective labour re- lations via the social dialogue is a conviction, very common among lawyers specialising in the European Law, of the value of the social dialogue as a method serving good gover- nance of a specific, important domain of public affairs10. Supranational collective agree- ments, industry-wide framework normative agreements and – what is most important in