Syrpis, Phil --- "The EU’s role in labour law: An overview of the rationales for EU involvement in the field" [2016] ELECD 1411; in Bogg, Alan; Costello, Cathryn; Davies, C.L. A. (eds), "Research Handbook on EU Labour Law" (Edward Elgar Publishing, 2016) 21

Book Title: Research Handbook on EU Labour Law

Editor(s): Bogg, Alan; Costello, Cathryn; Davies, C.L. A.

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781783471119

Section: Chapter 2

Section Title: The EU’s role in labour law: An overview of the rationales for EU involvement in the field

Author(s): Syrpis, Phil

Number of pages: 21

Abstract/Description:

My aim in this chapter is to trace the various ways in which EU law impacts on national systems of labour law. There is much research to be done not only in relation to each of the dimensions through which EU law comes to have an impact on national labour law, but also in relation to the way in which the various dimensions combine and intersect. As this chapter will demonstrate, it is not only EU Labour Law stricto sensu, but also EU human rights law, EU internal market law, and the law and governance of Economic and Monetary Union, which play a significant part in the development of national systems of labour law. This chapter begins by setting out the Treaty framework under which the EU institutions operate. It then considers EU labour law, EU human rights law and EU internal market and the law governing European Monetary Union (EMU). While EU labour law and EU human rights law may provide support to national systems of labour law, EU internal market law and Economic and Monetary Union may exert significant downward pressures in both direct and indirect ways. The majority of labour lawyers are pessimistic about the future for labour law in Europe. This is for four main reasons. First, there has, in recent years, been all too little social legislation adopted at the European level. Moreover, the legislation which has been adopted is flexible, and is interpreted in creative ways – often against the interests of workers – by the Court of Justice.