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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

Brian Bercusson
Affiliation:
King's College London
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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.

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Chapter
Information
European Labour Law , pp. 401 - 416
Publisher: Cambridge University Press
Print publication year: 2009

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References

Supiot, A.et al., L'Application de droit du travail dans les pays membres de la CE, Documentation de Ministère de Travail, 1989Google Scholar
Malmberg, J. (ed.), Effective Enforcement of EC Labour Law, Uppsala: Iustus Forlag, 2003Google Scholar
Bercusson, B., ‘Application du droit du travail: les interactions entre droits nationaux et communautaire’, Travail et Emploi, 2004 (October), No. 100; Ministère de l'emploi, du travail et de la cohesion sociale, France, pp. 27–38Google Scholar
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Piejpe, Taco, in Malmberg, (ed.), Effective Enforcement of EC Labour Law, pp. 77–108.
Bercusson, B., ‘The European Social Model Comes to Britain’, (2002) 31 Industrial Law Journal209–44CrossRefGoogle Scholar
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Ahlberg, K., Bercusson, B., Bruun, N. and Vigneau, C., Fixed-term Work in the EU: A European Agreement against Discrimination and Abuse, Stockholm: National Institute for Working Life, 1999Google Scholar
Ahlberg, K., Bercusson, B., Bruun, N., Kountouros, H., Vigneau, C. and Zappalà, L., Transnational Labour Regulation: A Case Study of Temporary Agency Work, Brussels: Peter Lang, 2008Google Scholar

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