Recharting the Judicial Enforcement of the European Social Charter at the National Level. Renewed Dynamics for the Protection of Economic and Social Rights in Europe

Recharting the Judicial Enforcement of the European Social Charter at the National Level. Renewed Dynamics for the Protection of Economic and Social Rights in Europe

The protection of economic and social rights, as human rights guaranteed by constitutions and international/regional instruments, has received a big blow in the recent years of crisis in Europe.

Against this background, the European Social Charter, the sister treaty to the European Convention on Human Rights within the Council of Europe, has recently started to emerge at the pan-European legal and political level as the point of reference to address many of the challenges of the ‘social question’ of our times. In particular, through the increasing recognition of its renewed potential for the domestic enforcement of economic and social rights among various jurisdictions, the European Social Charter, as interpreted by its monitoring body, the European Committee of Social Rights, has provided a new impetus to revisit the Treaty’s main weakness, its non-justiciability and non-enforceability by domestic courts.

In light of the above developments, this book provides a systematic, analytical and – to some extent – comparative analysis of the status and impact of the European Social Charter andof the pronouncements by the European Committee of Social Rights at the national level of selected contracting parties (France, Greece, Italy, the Netherlands and Spain), with a particular focus on the Treaty’s judicial enforcement by both higher and lower domestic courts. Thus, the study has drawn several pertinent conclusions regarding the European Social Charter’s dynamics for the effective protection of economic and social rights at the domestic level, in light of the process of its revitalization in the late 1990s and the renewed interest in its invocation and enforcement in the judicial arena.

 

Recharting the Judicial Enforcement of the European Social Charter at the National Level

Renewed Dynamics for the Protection of Economic and Social Rights in Europe

 

Μελέτη 

Συγγραφέας: Νικόλαος Α. Παπαδόπουλος

Μακέτα εξωφύλλου: Παναγιώτα Κάπελα

Αγγλική έκδοση

Isbn: 978-960-579-128-5
Διαστάσεις: 17Χ24
Σελίδες: 552
Λιανική Τιμή: Εκτός εμπορίου