Hoorcollege 3 European labour law and social policy
Fundamental rights
First we are going to draw the picture of the sources of European labour, because that is
where we left last week.
We have a treaty of the European Union (TEU) and we have also a treaty next to that; the
treaty on the functioning of the European Union (TFEU). In that treaty framework we have
chapters with different policies. And one of those chapters is the social policy chapter (art.
151 and following). What we have to do in this course, is to see what kind of policy contain
labour law provisions or cause of the origin of the labour law debate. You will need to look at
different chapters in the TFEU, not only the social policy chapter. The social policy chapter
contains the real sources of labour law regulation in the social policy context. We also
remember that there is also a chapter in the treaty on the internal market, since the original
treaty of Rome provided for the creation of this common European market space. The
European market space meant this free movement from persons, services, capitals and
goods. The four freedoms are in the internal market chapter. What you also have in the
internal market is fair competition between companies. This market provision also have an
effect on labour law. And next to that, at a certain point in time, we also got a new
chapter/title on employment policies. If you discuss employment than certainly
unemployment as a problem. And you discuss the functioning of the labour market. This
different chapters have also a different technique because you know we are studying the EU
level, and of course it only makes sense if you understand that the EU labour law is going to
interact with national labour law. Labour is happening in the member states, and the states
have their own labour law as well. There is an interaction taking place. The social policy
chapter allows the EU to produce regulation, rules. It is the technique of the social policy
chapter; by a way of minimum conditions mainly. The internal market works differently;
deregulation (the opposite of regulation). The internal market basically, in it s essence is
trying to take away all the limitations, all national borders.
o The best example you can imagine; France made a provision in to protect
younger people. There was new legislation saying: if a café in France would
serve strong beer, that café would need a special license. The cafés in France
didn't order strong traditional Belgian beers anymore. Basically, this measure
was protectionistic but it was a violation of the free movement of Beer. France
therefore lifted it's national regulation.
Fundamental rights
First we are going to draw the picture of the sources of European labour, because that is
where we left last week.
We have a treaty of the European Union (TEU) and we have also a treaty next to that; the
treaty on the functioning of the European Union (TFEU). In that treaty framework we have
chapters with different policies. And one of those chapters is the social policy chapter (art.
151 and following). What we have to do in this course, is to see what kind of policy contain
labour law provisions or cause of the origin of the labour law debate. You will need to look at
different chapters in the TFEU, not only the social policy chapter. The social policy chapter
contains the real sources of labour law regulation in the social policy context. We also
remember that there is also a chapter in the treaty on the internal market, since the original
treaty of Rome provided for the creation of this common European market space. The
European market space meant this free movement from persons, services, capitals and
goods. The four freedoms are in the internal market chapter. What you also have in the
internal market is fair competition between companies. This market provision also have an
effect on labour law. And next to that, at a certain point in time, we also got a new
chapter/title on employment policies. If you discuss employment than certainly
unemployment as a problem. And you discuss the functioning of the labour market. This
different chapters have also a different technique because you know we are studying the EU
level, and of course it only makes sense if you understand that the EU labour law is going to
interact with national labour law. Labour is happening in the member states, and the states
have their own labour law as well. There is an interaction taking place. The social policy
chapter allows the EU to produce regulation, rules. It is the technique of the social policy
chapter; by a way of minimum conditions mainly. The internal market works differently;
deregulation (the opposite of regulation). The internal market basically, in it s essence is
trying to take away all the limitations, all national borders.
o The best example you can imagine; France made a provision in to protect
younger people. There was new legislation saying: if a café in France would
serve strong beer, that café would need a special license. The cafés in France
didn't order strong traditional Belgian beers anymore. Basically, this measure
was protectionistic but it was a violation of the free movement of Beer. France
therefore lifted it's national regulation.
