Edited by Mads Andenas and Camilla Baasch Andersen
Chapter 23: Should the EU be Attempting to Harmonise National Systems of Labour Law?
* Phil Syrpis** Introduction Throughout the history of European integration, harmonisation has occurred in a piecemeal fashion. Combinations of political factors determine whether particular policy areas become candidates for harmonisation. Likewise, political contingencies dictate not only whether harmonisation initiatives come to fruition, but also the form which any such measures take. Many of the chapters in this collection address arguments for and against harmonisation of particular aspects of law and practice within the EU. My contention is that it is important to distinguish between the range of principled arguments which may be made both in favour of, and against, various harmonisation initiatives; and on the basis of these distinctions, to attempt to identify criteria which may be used in order to locate those policy areas which may, or may not, be candidates for harmonisation. The focus of this contribution is labour law. The role of the EU in labour law has always been contentious. There are a number of plausible rationales for EU intervention in domestic labour law. A crucial question is the extent to which these various rationales call for harmonisation or approximation;1 for the purposes of this chapter, this is taken to involve the elimination (or at least the reduction) of differences between the labour law regimes of the Member States. * A version of this chapter appears in European Business Law Review 143 (2010). ** University of Bristol, UK. 1 It seems that the terms approximation and harmonisation ‘are entirely interchangeable’. Dashwood, A (1996), ‘The Limits of EC Powers’,...
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.