European labour law as part of an economic union, monetary union and community of values—between harmonization and subsidiarity

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Abstract The development of European labour law was neither straightforward nor continuous but followed the development of the European single market for a long time. Today, European labour law is an essential part of the social market economy in the European Union, even if there is no uniform European social model. The European Pillar of Social Rights is a commitment to a social Europe and accelerated regulatory practice. From a political science perspective, the development of European labour law was and is dependent on the legitimacy of its actions of the European Union. Therefore, unlike in nation-states, no clearly defined concept of (European) labour law has emerged. Rather, three central areas can be identified: (1) transnational labour law, primarily the free movement of workers, as nucleus of European labour law, (2) European labour law as a result of the interference of business-related fundamental freedoms with the welfare states in the Member States, and (3) European labour law as a result of a proactive social policy. However, the European Union has and will have to continue to organise its legislation in coordination with the welfare states in the Member States. Politically, it must prove that its measures are necessary because it can regulate the issues in question better than the Member States would be able to. Crises affecting several Member States are often the main driving force behind the deepening of the cooperation in the field of social policy. In addition, new developments can give the Member States reasons to take a standardised approach from the outset. Furthermore, the European Union should act primarily in connection with such social standards regarding which all Member States have already ratified international conventions without reservations and have thus agreed on a uniform standard.