Social rights and administrative regulations for effectiveness and sustainability: what modernization of labour law?

This paper deals with the adjustment and modernization of labour law in a period of global crisis which, according to the author: “confirmed the unsustainability of economic models that had been thought of as well established”.

The issues articulated in this comparative paper look at the effectiveness of the administrative regulations; the implications of labour law vis-à-vis the economic concerns; the interrelationship between economic regulations and fundamental social rights; the responses from the European Union and more specifically to the debate around the policy of “flexicurity” with all the diversity of its applications. In this regard, the author examines the pros and cons of the “soft labour law” that opens the way to a much deeper debate on a fundamental alternative for the scope of labour law. In a certain sense argues the author, the effectiveness of labour law may decline, but this will depend on the values to be ascribed in the dynamic between economic efficiency and social justice. The entire paper is part of a wider analysis that is being carried out within the LAB/ADMIN programme and that deals with the compliance of labour law, taken in all its dimensions (national, supranational, international), has to face a new challenge that is the efficacy/efficiency debate of labour law. The hope is that this paper would inspire further reflections on this subject matter and that more effective responses could be provide to such a dilemma posed by the effectiveness of labour law.