París, Francia
From an EU social law perspective, the decision of the Court of justice in J.K. appears prima facie to be a step forward in the construction of a universal labour law regime. However, the case strictly limits the progress towards an assimilation of the situation of employees and self-employed, in EU social law. First, by distinguishing EU anti-discrimination law and social legislation, only the former being extended to self-employed. Second, by limiting the category of self-employed who can benefit from anti-discrimination law. The case nonetheless suggests that a universal labour law regime can be constructed by using basic notions of labour law for the regulation of other types of contractual relationships than employment contracts.
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