COMPARATIVE LAW AND THE PROCESS OF DEJURIDIFICATION： THE JOINT-EMPLOYMENT LAW CASE IN LABOUR LAW

The process of de-juridification is, in some respects, ambiguous and paradoxical While in certain areas, we see a proliferation of detailed legislative regulations, in others, we detect tendencies pointing in the opposite direction. One of the most interesting cases is that of labor law, where both tendencies emerge. Recent reforms in many European countries show a trend towards a relaxation of rules, inspired by the aim to stimulate growth in employment. In this context, the newly-introduced concept of ＇yoint employment＂ plays a pivotal role. The process of de-juridification clearly invests labor law, in particular within enterprise networks, where arrangements under joint employment seem to give the parties of a commercial eontract the highest standard of contractual freedom. This social phenomenon is not therefore regulated by detailed legislative provisions, but simply through non-specific norms inspired by general goals. In considering several recent reforms of labor law in European countries, in this paper, we aim to determine the real level of dejuridification currently present within traditionally rigid legislative systems.