Some Reflections on Comparative Labor Law and on its Vicinity with Policy-Making
8 Pages Posted: 11 Mar 2005
The article develops a few arguments in favor of comparative labor law at the present stage of integration within the European Union. There is a growing need to detect changes occurring within national legal systems and to facilitate the convergence of labor standards. There is also an increasing interest in adopting interdisciplinary approaches within EU hard and soft law, in order to justify the introduction of deregulatory measures. Comparative labor law re-affirms, in all such cases, the relevance of a legal perspective and may offer a clear guide to the legislature, showing the centrality of institutions in each domestic system of rules. Institutions, including collective bargaining, influence changes within specific areas of labor law, which especially need to be studied comparatively.
In such a search for common objectives to pursue at a supranational level and an internal coherence to be defended in each national system, the debate on fundamental rights is pivotal. A comparative view on fundamental social rights may also guide the development of soft law procedures, such as in the Open Method of Coordination on employment policies.
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