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The European Convention on Human Rights and the Employment Relation (Hardcover, New)
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The European Convention on Human Rights and the Employment Relation (Hardcover, New)
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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'.
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