Table of Contents

Before and After the Economic Crisis

Before and After the Economic Crisis

What Implications for the ‘European Social Model’?

Edited by Marie-Ange Moreau

This timely book casts new light on the key issues arising from the contentious debate around the future of the European Social Model. The book brings together leading experts to provide a thorough and well-informed response to the recent developments in European social and labour law and policy, in the light of institutional changes. The contributors provide unique insights as they evaluate the impact of the enlargement processes, the implications of the Lisbon treaty, the integration of the Charter into EU law – and, crucially, the consequences of the economic crisis.

Chapter 16: European Labour Law after Laval

Catherine Barnard and Simon Deakin

Subjects: law - academic, european law, labour, employment law, law and society, social policy and sociology, comparative social policy, economics of social policy


Catherine Barnard and Simon Deakin INTRODUCTION Brian Bercusson was the first scholar ‘convincingly to make the case for European labour law as a wide-ranging discipline in its own right, with a distinct identity separate from national labour law systems, but influenced by them’.1 In his landmark treatise on the subject, Bercusson saw the core of European labour law as the symbiosis between EU level norms and those operating at the level of national labour law systems.2 EU level norms on labour law matters were both a reflection of, and a shaping influence on, the traditions of the national regimes. EU labour law drew on the experience of the Member States in such matters as the working environment, information and consultation and aspects of employment protection (acquired rights and collective redundancies), consolidating existing national laws and extending their effects within the ‘social space’ of the internal market. At the same time, EU law was innovative both in terms of its subject matter, as in the case of the impulse it gave to the extension of the principle of equal treatment in employment, and in its methods, through the development of the techniques of social dialogue and the open method of coordination as applied in the areas of employment policy and social cohesion. It seemed that European labour law, so conceived, had achieved a certain legitimacy notwithstanding the neglect of social policy issues in the Treaty of Rome, an omission only partly remedied by later developments. The original EEC Treaty regarded labour...

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