The fragmentation and complexity of labour law, effective protections, and better work: an analytical framework
Gesualdi-Fecteau, Dalia ; Johnstone, Richard ; Richard, Geneviève
Comparative Labor Law and Policy Journal
45
1
17-40
labour law ; labour standard ; EU law ; workers rights
Law
https://doi.org/10.60082/2819-2567.1021
English
Bibliogr.
"Labour law is a fragmented regulatory landscape bringing together multiple legal sources drawn from various areas of law, institutions, and interactions between multiple regulatory tiers and frameworks. This article offers a conceptual and analytical framework for understanding the intricate contemporary structure of labour law and its effectiveness in ensuring the protections it has historically been intended to provide. The article considers four types of legal fragmentation — temporal, vertical, horizontal, and institutional — distinguished by character and effect. The fragmented architecture of legal regulation leads, unsurprisingly, to complexity. The article puts forward an analytical approach that assesses how labour law's complexity and fragmentation impacts its effectiveness. The article first explains the process of mapping a fragmented regulatory landscape and outlines the analytical benchmarks for assessing legal effectiveness. The concluding section examines labour law as a fragmented landscape and the resulting normative dynamics."
This work is licensed under the terms of the Creative Commons Attribution 4.0 International License (http://creativecommons.org/licenses/by/4.0/).
Digital
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.