Reflexive Labour Law, Capabilities and the Future of Social Europe

Abstract

The chapter argues that the transformation of European labour law from focussing on employment protection to employment promotion can best be understood by using the concept of reflexive labour law. It outlines main tenets of the concept and explores its compatibility with transitional labour market and capability policies in the context of welfare and employment policies of the European Union. It demonstrates reflexivity in European social policy by discussing the Open Method of Coordination in welfare and employment policies, the European Employment Strategy and the demand for soft law. Reflexive elements are also detected in the Green Paper on the Reform of Labour Law in Europe and in efforts of concretising the concept of flexicurity for policy purposes. Finally the chapter comments on the impact of regulatory competition after the Court’s rulings in Viking and Laval and analyses the emerging agenda of financial stabilization packages and their implications for European labour law.