Brian Bercusson Knihy

What role will the EU Charter of Fundamental Rights play in the future of labour law in European Union Member States? This question is explored by a group of prominent European labour law professors and researchers in their new work. The Charter, proclaimed in December 2000 but not integrated into the EU Nice treaty, has an ambiguous legal status. The draft Treaty establishing a Constitution for Europe, however, incorporates the Charter as Part II, giving it a binding character, though its future remains uncertain. As discussions about a future EU constitution gain traction, the European Court of Justice has clarified the Charter's role, stating that its principal aim is to reaffirm rights that are legally binding due to their origins in other EU law sources. The strengthened Charter encompasses essential labour law and industrial relations provisions, including freedom of association, collective bargaining, and protection against unjustified dismissal. This work provides a detailed commentary on the Charter's provisions, highlighting its potential to influence the future of labour law in Europe. Understanding this potential is crucial for labour lawyers, industrial relations professionals, academics, and policymakers in both Member States and EU institutions.