EUROPEAN LABOUR LAW IN THE DIGITAL TRANSITION: REGULATORY GAPS AND CURRENT CHALLENGES
EUROPEAN LABOUR LAW IN THE DIGITAL TRANSITION: REGULATORY GAPS AND CURRENT CHALLENGES
Author(s): Claudia-Ana MoarcăşSubject(s): Law, Constitution, Jurisprudence, Labour and Social Security Law
Published by: Editura Bibliotheca
Keywords: European labour law; digital transition; platform work; algorithmic management; Artificial Intelligence Act; Platform Work Directive; comparative labour law; ECHR jurisprudence; employment status; social rights
Summary/Abstract: The digital transition profoundly reshapes labour relations within the European Union and challenges the traditional foundations of labour law that was built around stable, subordinate employment. Platform work, algorithmic management and the increasing use of artificial intelligence in employment-related decision-making generate new forms of economic dependency and control that often fall outside classical legal categories. This essay examines the capacity of European labour law to respond to these transformations as it focuses on recent EU legislative developments, notably the Platform Work Directive and the Artificial Intelligence Act, alongside evolving judicial standards.In a comparative methodological framework, the analysis combines horizontal approaches of selected EU Member States (Spain, Italy and France) with a vertical assessment of the interaction among EU law, national labour law and the jurisprudence of the European Court of Human Rights. Particular attention is paid to employment status, collective labour rights and workplace surveillance, while highlighting the growing relevance of fundamental rights standards in the digital workplace.The article argues that recent regulatory initiatives represent significant progress, yet important gaps persist especially regarding algorithmic transparency, psychosocial risks and effective collective representation. It concludes that functional and rights-based protection is converging under judicial pressure, but that long-term coherence in European labour law depends on proactive social policies that would integrate technological innovation and social justice.
Journal: Revue Européenne du Droit Social
- Issue Year: 72/2026
- Issue No: 3
- Page Range: 41-62
- Page Count: 22
- Language: English
