Book contents
- Frontmatter
- Contents
- Preface
- Section I Labour law and Europe
- Section II The structure of European labour law
- 8 The institutional architecture of the European social model
- 9 A framework of principles and fundamental rights for European collective labour law
- 10 A framework of principles and fundamental rights for European individual employment law
- 11 The European Court of Justice, the EU Charter of Fundamental Rights and the European social model
- 12 General principles of enforcement of European labour law
- 13 Administrative enforcement of European labour law
- 14 Implementation and enforcement of European labour law and employment policy through the social partners at national and EU levels
- 15 Individual judicial enforcement of European labour law
- 16 Euro-litigation: collective judicial enforcement of European labour law
- 17 The European social dialogue: from dynamism to benign neglect 1993–2008
- 18 External and internal scrutiny of the democratic legitimacy of the European social dialogue
- 19 Threats and challenges to and the future of the European social dialogue
- Section III The futures of European labour law
- Index
- References
12 - General principles of enforcement of European labour law
from Section II - The structure of European labour law
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Preface
- Section I Labour law and Europe
- Section II The structure of European labour law
- 8 The institutional architecture of the European social model
- 9 A framework of principles and fundamental rights for European collective labour law
- 10 A framework of principles and fundamental rights for European individual employment law
- 11 The European Court of Justice, the EU Charter of Fundamental Rights and the European social model
- 12 General principles of enforcement of European labour law
- 13 Administrative enforcement of European labour law
- 14 Implementation and enforcement of European labour law and employment policy through the social partners at national and EU levels
- 15 Individual judicial enforcement of European labour law
- 16 Euro-litigation: collective judicial enforcement of European labour law
- 17 The European social dialogue: from dynamism to benign neglect 1993–2008
- 18 External and internal scrutiny of the democratic legitimacy of the European social dialogue
- 19 Threats and challenges to and the future of the European social dialogue
- Section III The futures of European labour law
- Index
- References
Summary
Introduction
European labour law, as the law of the EU, has specific qualities of enforceability which distinguish it from domestic labour laws. However, European labour law also has specific qualities which distinguish it from other branches of EC law.
In domestic law, it is recognised that different branches of law have adapted specialised enforcement mechanisms to their specific exigencies. As the various branches of EU law develop, it becomes apparent that to talk in general terms of enforcement of EU law risks overlooking the specific enforcement mechanisms adopted in different branches.
Comparative analysis of national systems of labour law reveals differences between the enforcement mechanisms used in labour laws of different countries. The enforcement of EU law will have its own characteristics, but it will bear the imprint of the national system in which it operates.
The specific quality of EU labour law, in terms of the combination of different enforcement mechanisms to be adopted, is still open to debate. Everything that has been said about the nature of European labour law, its synthesis of national experience in the form of EU level regulation, applies also to the issue of enforcement of EU labour law. Enforcement mechanisms of European labour law cannot be a wholly autonomous product. National traditions of labour law enforcement will not easily give way to purely EU legal technique. Rather, the EU has experimented with a number of traditional techniques, some of which have had more success than others.
- Type
- Chapter
- Information
- European Labour Law , pp. 401 - 416Publisher: Cambridge University PressPrint publication year: 2009