The presentation explores the Court's role as a sui generis law-maker and frames its diverse approaches to judicial intervention in the field of labour law in more detail. It begins by briefly considering the key narratives surrounding the Court's approach to labour law, right until the beginning of the 2008 global economic and financial crisis. This is followed by the presentation of the pertinent discourse surrounding the role of courts as law-makers, particularly in relation to labour law. There is plenty of literature that establishes the Court's law-making capacity, and this is not something that the presentation seeks to question. Instead, it cherishes those views, using them as a foundational premise upon which the classification of the Court's approaches to labour law builds on. In tandem, certain institutional and substantive limitations in the capacity of the CJEU to undertake unrestricted labour law-making are discussed. A considerable part of the presentation is devoted to the conceptual framing of the diverse narratives underpinning the orientation of labour law-making and the ideological choices involved therein. The narratives draw on leading typologies, such as the worlds of welfare capitalism and the varieties of capitalism, as well as Polanyian analyses and ideas of movement and countermovement, incorporating concerns around the commodification of labour and the scope of protective measures. These act as the analytical framework for breaking down the Court's contribution to EU labour law-making into three distinct clusters, which lend themselves to become the driving force behind the framing of the three approaches to judicial intervention that constitutive the overarching contribution of my research project.
Zoom-link: https://uio.zoom.us/j/68846426001 <https://uio.zoom.us/j/68846426001> Meeting ID: 688 4642 6001