The value of formally undefined norms in the national legislation approximation to EU labour standards: The case of Ukraine

Rym, Olena and Kosovych, Vitaliy (2023) The value of formally undefined norms in the national legislation approximation to EU labour standards: The case of Ukraine. HUNGARIAN JOURNAL OF LEGAL STUDIES, 64 (4). pp. 520-535. ISSN 2498-5473

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Abstract

This paper aims to show the importance of a correct understanding of formally undefined EU labour law norms for the successful European integration of Ukraine. The analysis focuses on legal acts of the European Union. The drawbacks of the inequality of approaches to determining the content of norms with evaluative concepts are highlighted, as is the need to use doctrinal recommendations for the application of evaluative provisions with the purpose of preventing the misconception that evaluative concepts can be interpreted as, and to whom, it pleases. This article thus demonstrates the necessity of the analysis of the case-law of the Court of Justice of the EU, which is rich in the interpretation of evaluative concepts and is considered to help clarify the meaning of many terms of labour law, which, due to their undefined formulation, may cause difficulties in implementing them in the legal system of Ukraine.

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