Mission Statement - Restatement of Labour Law in Europe
Legislative developments at the European level have led to a partial harmonisation of labour law in Europe. However, many aspects of labour law, such as wage levels and the right to strike, remain the domain of national legislators. Even within partly harmonised areas, much diversity remains amongst the Member States of the European Union.
The different rules existing in the Member States of the European Union may sometimes raise problems. Then again, these differences may be considered beneficial as they can inform policy-makers about alternative solutions to what are often similar questions. In any case it is important to improve the knowledge of these regulations and at the same time put this information in a framework where a comparison with regulations from other legal systems will be made possible.
The Restatement of Labour Law in Europe serves this very purpose. The project acknowledges that different approaches can be found in the legal systems of Europe; these approaches are deeply respected and must be highly valued. At the same time the project will provide the framework for a comparative analysis. Where differences exist, they should be identified and clearly concretized. Where commonalities exist, they should receive the same attention.
This project is inspired by the endeavours of the American Law Institute to draft Restatements in various fields of law, including labour law. Though there are obviously major differences, the Restatement of Labour Law in Europe, as is the case with the Restatements in the United States of America, aims to achieve, first and foremost, one goal: to address the legal uncertainties arising from a lack of knowledge in labour law.
The Restatement of Labour Law in Europe is addressed to everyone who is interested in and concerned about developments in labour law. The members of the Study Group wish to promote the knowledge of labour law and the understanding of different national approaches. However, the work of the Study Group is not motivated by legal policy ambitions. In particular, this project does not intend to prepare any kind of legislation on European level. Should the findings of the project prove useful for legislative activities at whatever level, this is welcome. It is not, however, the intention of the project.
The Study Group comprises highly qualified labour law academics from the Member States of the European Union, the EU candidate countries and other European countries. The members of the Study Group are acting as independent experts within their academic freedom. The Study Group is not bound to social groups. Nor is it politically bound. It is a purely research-driven project within which its members wish to make their contribution to academic debate and to learn from each other.