Introduction: Overview of the degree of codification of labour law in the European Union

Abstract

This article provides a comparative overview of the degree of codification of labour law across the European Union. As an introduction to a special issue devoted to the (non-)codification of labour law, it develops a classification of the labour law systems of the EU Member States (with the exception of Malta) based on a formal understanding of codification as the bringing together, within a single organised instrument, of normative provisions covering a substantial part of a field of law. Focusing on individual labour law, collective labour law and working conditions legislation, the article distinguishes between scattered, partially codified and fully codified labour law systems. The comparison reveals considerable diversity across the European Union. In some Member States, labour law remains fragmented across multiple legislative instruments. In others, substantial parts of the field have been brought together in a Labour Code, Labour Act or equivalent instrument, while some areas remain regulated separately. Only a limited number of systems achieve a (near) complete concentration of statutory labour law within a single code. Beyond this classification, the article shows that codification is not merely a technical question concerning the organisation of legal rules. It raises broader questions about the boundaries of labour law, particularly as certain protections are extended beyond employees, as well as about the respective roles of legislators, courts and social partners in shaping labour law. Finally, the experiences examined highlight the complex relationship between codification and democracy: while codification may improve the accessibility and intelligibility of labour law, comprehensive codification projects may prove difficult to reconcile with political change, social dialogue and democratic debate.

The authors' abstract, as published at the source. European Labour Law Journal, 2026 · DOI ↗