Scholarlink

This chapter attempts to explore the interrelations of the European Social Charter (ESC) and the EU Charter of Fundamental Rights (CFREU) in protecting social rights within the difficult relationship of ESC and EU social law, the limitations and the potentials of both instruments regarding the justiciability of their provisions, and the prospects of better inter-institutional cooperation in the field of social rights. In the first part of this chapter, the main argument is that the ESC and the EU law have a difficult relationship, which from an EU side point of view is mainly due to the “à la carte” system of the Charter. These difficulties are shown both in the incorporation into national law of directives deemed by the European Committee of Social Rights (ECSR) not to meet the requirements of the Charter and in the issues related to the implementation of austerity measures in member states like Greece, during the past decade. These difficulties exist despite the common objectives pursued by the two texts and their clear intertextuality, as analysed in the second part. However, in recent years there seems to be the beginning of a dialogue between the texts in the case law of the EU Court of Justice (CJEU). Finally, in the third and final part, the author presents the system of monitoring and justiciability of the rights provided for in the two instruments as the effectiveness of protection is inextricably linked to the importance of social rights. To date the monitoring system of the Charter has been rather imperfect and the justiciability rather limited; however, there are some “cracks” which allow for optimism, particularly concerning the recognition of a horizontal direct effect of certain rights, as regards both the ESC and the CFREU. The author concludes that the legal constraints presented by the two institutions will be lifted to a certain extent, and the dialogue between the two texts will be intensified as the multicrises call for a review of social policies on the basis of the principle of solidarity.

错误：搜索内容不能为空，请输入英文关键词
错误：关键词超出字数限制，请精简
高级检索

The European Social Charter and the Charter of Fundamental Rights of the European Union

  • 章节

  • 发表日期：

    2025年

查看全文
  • George N. Theodosis

摘要

This chapter attempts to explore the interrelations of the European Social Charter (ESC) and the EU Charter of Fundamental Rights (CFREU) in protecting social rights within the difficult relationship of ESC and EU social law, the limitations and the potentials of both instruments regarding the justiciability of their provisions, and the prospects of better inter-institutional cooperation in the field of social rights. In the first part of this chapter, the main argument is that the ESC and the EU law have a difficult relationship, which from an EU side point of view is mainly due to the “à la carte” system of the Charter. These difficulties are shown both in the incorporation into national law of directives deemed by the European Committee of Social Rights (ECSR) not to meet the requirements of the Charter and in the issues related to the implementation of austerity measures in member states like Greece, during the past decade. These difficulties exist despite the common objectives pursued by the two texts and their clear intertextuality, as analysed in the second part. However, in recent years there seems to be the beginning of a dialogue between the texts in the case law of the EU Court of Justice (CJEU). Finally, in the third and final part, the author presents the system of monitoring and justiciability of the rights provided for in the two instruments as the effectiveness of protection is inextricably linked to the importance of social rights. To date the monitoring system of the Charter has been rather imperfect and the justiciability rather limited; however, there are some “cracks” which allow for optimism, particularly concerning the recognition of a horizontal direct effect of certain rights, as regards both the ESC and the CFREU. The author concludes that the legal constraints presented by the two institutions will be lifted to a certain extent, and the dialogue between the two texts will be intensified as the multicrises call for a review of social policies on the basis of the principle of solidarity.