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Constitutionalization of European Private LawXXII/2$
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Hans Micklitz

Print publication date: 2014

Print ISBN-13: 9780198712107

Published to Oxford Scholarship Online: May 2014

DOI: 10.1093/acprof:oso/9780198712107.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 September 2021

Constitutionalization and EU Employment Law

Constitutionalization and EU Employment Law

(p.137) 5 Constitutionalization and EU Employment Law
Constitutionalization of European Private Law

Mark Bell

Oxford University Press

This chapter explores the process and effects of constitutionalization within EU employment law. It begins by examining how and why constitutionalization has evolved, in particular through the entrenchment of social rights within the founding EU Treaties, including the Charter of Fundamental Rights, but also the contribution of the Court of Justice. The chapter then considers how constitutionalization affects the substantive content of employment law in two different areas. First, it looks at equality law, where the role played by fundamental rights is visible and increasingly prominent. Secondly, it considers the personal scope of employment rights: who qualifies as a ‘worker’ within EU law? This is a topic where the connection to fundamental rights is less evident. Nevertheless, examination of the case law suggests that constitutionalization shapes the Court’s view as to whether this is a matter for determination by EU law or to be left to the discretion of national authorities.

Keywords:   constitutionalization, employment, fundamental rights, equality, worker (or definition of worker), Court of Justice

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