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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.
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 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).
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