The European Social Charter and the Employment Relation

The European Social Charter and the Employment Relation PDF

Author: Niklas Bruun

Publisher: Bloomsbury Publishing

Published: 2017-01-12

Total Pages: 521

ISBN-13: 1509906339

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This collection addresses the potential of the European Social Charter to promote and safeguard social rights in Europe. Drawing on the expertise of the ETUI Transnational Trade Union Rights expert network from across Europe, it provides a comprehensive commentary on these fundamental rights. Taking a two part approach, it offers an in-depth legal analysis of the European Social Charter as a new social constitution for Europe, investigating first the potential of the general legal frame in which the Charter is embedded. In the second phase a series of social rights which are related to the employment relation are examined in particular in light of the jurisprudence of the European Committee of Social Rights (ECSR), to demonstrate the crucial but difficult role of the Charter's supervisory bodies to secure the respect and promotion of social rights and national level, bearing in mind the reciprocal influence of other international social rights instruments. This examination is timely, given the pressure exerted on those rights during the recent period of economic crisis. Furthermore, in the light of the predominantly economic vision of Europe, such analysis is crucial. The collection is aimed at stimulating academic scrutiny and raising awareness amongst practitioners and trade unions about this important and equally necessary anchor of the social dimension of Europe in legal and political practice.

The Charter of Fundamental Rights of the European Union and the Employment Relation

The Charter of Fundamental Rights of the European Union and the Employment Relation PDF

Author: Filip Dorssemont

Publisher: Bloomsbury Publishing

Published: 2019-04-04

Total Pages: 712

ISBN-13: 1509922679

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The Charter of Fundamental Rights of the European Union is the most developed and comprehensive legally binding human rights instrument in the social field of the European Union. It is becoming increasingly important and is the first instrument that includes both civil and political rights on one hand and social rights on the other. Despite this, the Court of Justice of the European Union has only rarely dealt with fundamental social rights. In this context, employment rights need to be examined in this new rights framework. Following on from previous volumes setting out links between European labour law and fundamental social rights (as enshrined in relevant UN, ILO and Council of Europe instruments), in this book the ETUI Transnational Trade Union Rights (TTUR) Expert Network examines the justiciability of social rights and critically analyses the effectiveness of those rights embodied in the EU Charter. Thus, this book completes the trilogy of ETUI TTUR books on fundamental social rights at European level following the publication, also by Hart Publishing, of The European Convention of Human Rights and the Employment Relation (2013) and The European Social Charter and the Employment Relation (2017).

The European Convention on Human Rights and the Employment Relation

The European Convention on Human Rights and the Employment Relation PDF

Author: Filip Dorssemont

Publisher: A&C Black

Published: 2014-07-18

Total Pages: 769

ISBN-13: 1782252118

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The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.

Conditions of Employment in the European Social Charter

Conditions of Employment in the European Social Charter PDF

Author: Council of Europe

Publisher: Council of Europe

Published: 2000

Total Pages: 149

ISBN-13: 9789287144904

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Monograph No. 6, revised and updated, presents the norms of the European Social Charter of 1961 and the case law of the European Committee of Social Rights in relation to conditions of employment : the right to health and safety at work, which includes length of working hours and holidays as well as industrial safety and health, and the right to a decent standard of living, guaranteed for workers and their families by ensuring adequate remuneration.This study demonstrates how the Committee's case law has allowed the Charter's norms to adapt to important developments in these matters, and in particular those concerning the flexibility of working hours. It also highlights the improvements introduced by the revised Charter of 1996 in the area of health and safety at work.

European Social Charter

European Social Charter PDF

Author: Council of Europe. European Committee of Social Rights

Publisher: Council of Europe

Published: 2006-01-01

Total Pages: 442

ISBN-13: 9789287161291

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This publication examines the conformity of members states with the provisions of the European Social Charter, a Council of Europe treaty which guarantees social and economic human rights including in relation to housing, health, education, employment, social protection and non-discrimination. This volume covers the the countries of Iceland, Luxembourg, Malta, Netherlands, Poland, Slovakia, Spain, Turkey and the UK.

European Social Charter

European Social Charter PDF

Author: Council of Europe. Committee of Independent Experts on the European Social Charter

Publisher: Council of Europe

Published: 1997-01-01

Total Pages: 40

ISBN-13: 9789287134240

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The Revised European Social Charter

The Revised European Social Charter PDF

Author: Lukas, Karin

Publisher: Edward Elgar Publishing

Published: 2021-07-31

Total Pages: 393

ISBN-13: 1789903645

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This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter’s monitoring body, the European Committee of Social Rights (ECSR).

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