Labour rights and the case law of the European Court of Justice : what role for International Labour Standards?

Abstract

This article examines the role of International Labour Standards (ILS) adopted by the International Labour Organisation (ILO) in the case law of the Court of Justice of the European Union (CJEU) within a global context characterised, on the one hand, by a multiplicity of domestic, supranational and international legal sources and adjudicator and supervisory bodies operating in the labour law field; and, on the other, by an increasing use of ILS by domestic and regional courts. These are, thus, building bridges between the plurality of legal systems and fostering coherence in the interpretation of labour rights. Based on a thorough examination of the case law of the CJEU and against the broader background of the EU legal and policy approach to labour rights and ILS, this article shows that despite the above-mentioned general trend the CJEU has been making a limited use of ILS and these have been having a limited bearing on its judgments. The article highlights why this is problematic and identifies the underlying causes. Finally, it presents arguments in favour of, and legal and methodological avenues to achieve, a greater reliance by the CJEU on ILS and the work of the ILO bodies supervising their application.