In spite of the treaties’ long-time ambition to establish a social Europe, the latter seems limited insofar as it is a mere accompaniment of the internal Market. However, European labor law gradually developed and exceeded the restricted frame of the Market. This labor law has formed a European common law made of a high number of European laws and enriched by some audacious case laws of the Court of Justice of the European Union. The EU judge is indeed meant to enforce the law in the interpretation and the application of the treaties. In this context, the judge reckoned that he was accountable for making a constitutional state of the Union and, in this case, a European constitutional welfare state. The social case laws are codified by the secondary law, which expands the case laws by providing the judge with the means to further specify the law’s impact. This linkage confirms the crucial role of the Court of justice in the establishment of a European constitutional welfare state. By focusing on the achievements of social Europe, such a constitutional welfare state can be identified at the European level, which grants the European Union with a human(e) dimension.