The European Employment Strategy and the 'Acquis Communitaire' of Labour Law

Abstract

The Employment Title inserted by the Amsterdam Treaty is usually described as a very typical soft law product. This article explores the relationship and mutual influence between the Employment Title and the regulation associated with it, on the one hand, and the 'Acquis Communautaire' of Labour law on the other. The conclusion is that a shift of paradigm in EC labour law seems to have taken place in the late 90s. Labour law after the Amsterdam Treaty is regarded as an integral part of the European Employment Strategy (EES) and as a tool for its implementation. Employment policy, social inclusion and the promotion of socially sustainable development have become important elements in the social objectives of EC labour law. In other words, the EES has become the accepted framework, not only for the employment and social policies of the Member States, but also for coordinating national legislation in the field of social policy and labour law. This is the result of the 'soft law' co-operation.