Les critères de rattachement du règlement Rome I à l’épreuve du nomadisme numérique

This article examines the impact of digital nomadism on the system of connecting factors set out in Article 8 of the Rome I Regulation for determining the law applicable to employment contracts. The paper highlights the limits of the current framework, particularly the practical and conceptual challenges involved in identifying a habitual place of work and in applying the indicators that reveal the closest connection. The author explores the possibility of a more adequate regulatory approach to this emerging work reality, notably discussing whether greater weight might be placed on party autonomy. From this perspective, the article reflects on possible approaches for adapting the system, including an amendment of Article 8, the use of soft law instruments, and emerging forms of transnational regulation.