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Cardozo International & Comparative Law Review

Abstract

The frequency of change in industry and human mobility has brought new legal issues before labor courts. These changes constantly create a need to rethink and renew national labor law principles. In this process countries search for and import labor law principles from foreign legal systems. This Article focuses on Israeli labor law as a test case. Israeli courts considering labor law matters often turn to foreign legal systems in a manner that arguably influences the courts' interpretation and development of local labor laws. In practice, labor courts in Israel, when faced with a lack of appropriate domestic legislation, model local principles with the guidance offoreign labor law practices.

Research on the influence of foreign jurisprudence on the development of Israeli law and case law have focused on the AngloAmerican legal systems which have been and continue to be central sources for legal interpretation in Israeli courts. Academic research thus far has refrained from analyzing the influence of the European Union ("EU') on Israeli labor law. The EU is a key trade partner with Israel, geographically close, and can be characterized by political, legal and historical proximity, all of which is reflected by Israel's special status in the EU Despite the legal and historical differences between its member states, the EU removed trade barriers and prevents harm to freedom ofmovement for people and workers, among other public interests. These objectives require the EU to strive for legal integration in labor law practices between member states and to improve legal systems so as to provide uniform mechanisms for resolving new challenges in the labor sector.

This Article aims to unveil the influence of EU labor law on foreign legal systems with which the EU has unique political and economic ties. As such, the case of Israel serves as an exemplar to the influence of EU labor law standards on non-member countries. The findings of this Article are based on a unique database that contains all instances in which normative legal sources from EU law appeared in the legal opinions of the Israeli Appellate Labor Courts, the National Labor Court and the Supreme Court. It is our contention that the analysis of this database will reveal that European law, as an independent and harmonized legal system, influences the formation of norms in Israeli labor law. This Article forms a unique and integrated evaluation of the influence of the EU on Israeli labor law, despite the fact that Israel is not a member state, and ultimately presents the untested role of the EU as an exporter of legal standards to non-member countries. The Article is divided into three parts. Part One, contains the background for our analysis. We examine the unique factors that characterize the development of the labor laws in Israel and the EU followed by a discussion on the role of protective labor law alongside the formation of mandatory labor laws. Finally, we review the exceptionality of a separate court for instances of labor law. In Part Two, we review the notable appearances of European law in Israeli labor law cases and present a critical examination of eight central topics at the heart of judicial review in the labor sector and reflect upon the apparent influence of European doctrines and principles. Part Three details the methodology used and the quantitative data collected which support our claims.

Disciplines

Comparative and Foreign Law | International Law | Labor and Employment Law | Law

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