The Bottom Line of European Labour Law (part 2)

Abstract

Abstract: Due to the dominance of the economic approach (see the first part of this paper) the Treaty of Rome provided for only a small body of provisions concerning labour relations, with the emphasis on guaranteeing the free movement of labour. In the absence of a sound legislative basis in the Treaty, it is not surprising that European labour legislation has been adopted on a piecemeal basis. This is to a certain extent the result of the competition between the (pure) economic model and the social policy approach of European integration. The former favours abstentionism by member states, the latter, especially in the formulation of social rights, seeks a high level of employment rights protection. Against this background nearly all areas of European Labour Law are characterised by the need to strike a balance between economic and social objectives. Some examples of this are the respect for the freedom of contract, limited only by the duty not to discriminate against workers on grounds of sex, ethnic origin, age and other factors, and the safeguarding of entrepreneurial decision-making, limited only by information and consultation rights for workers. In examining the Directives on atypical work (part-time, fixed-term employment) it is evident that considerable efforts have been made to strike a balance between employers’ and employees’ interests. Clearly, not all the legislation commands universal support, but this is only to be expected in view of the heterogeneity of the 15 Member States. However, it seems that European Labour Law has achieved a considerable degree of success in the search for social cohesion.

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