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.
Niklas Bruun is Professor of Law at the Hanken School of Law, Helsinki. Klaus Loercher is former Legal Adviser to the European Trade Union Confederation (ETUC) and former Legal Secretary of the Civil Service Tribunal of the European Union. Isabelle Schoemann is Senior Researcher at the European Trade Union Institute (ETUI). Stefan Clauwaert is Senior Researcher at the European Trade Union Institute (ETUI). They are all members of the Transnational Trade Union Rights (TTUR) Experts Network of the ETUI.
Part I: General Part The European Social Charter as the Social Constitution of Europe Olivier De Schutter Interpretation Klaus Loercher Implementation: Article I Teun Jaspers Restrictions: Article G Aristea Koukiadaki The Charter's Supervisory Procedures Stefan Clauwaert Part II: Specific Articles Article 1: The Right to Work Simon Deakin Article 2: The Right to Just Conditions of Work Klaus Loercher Article 3: The Right to Safe and Healthy Working Conditions Klaus Loercher Article 4: The Right to a Fair Remuneration Zoe Adams and Simon Deakin Article 5: The Right to Organise Antoine Jacobs Article 6: The Right to Bargain Collectively: A Matrix for Industrial Relations Filip Dorssemont Article 7: The Right of Children and Young Persons to Protection Isabelle Schoemann Article 8: The Right of Women to Maternity Protection Csilla Kollonay-Lehoczky Article 15: The Right of Disabled Persons to Vocational Training, Rehabilitation and Resettlement Isabelle Schoemann Article 194: The Right of Migrant Workers and Their Families to Protection and Assistance Stefan Clauwaert Article 20: The Right to Equal Opportunities and Equal Treatment in Matters of Employment and Occupation without Discrimination on The Grounds of Sex Csilla Kollonay-Lehoczky Article 21: The Right to Information and Consultation Bruno Veneziani Article 22: The Right to Take Part in the Determination and Improvement of the Working Conditions and Working Environment Niklas Bruun Article 24: The Right to Protection in Cases of Termination of Employment Melanie Schmitt Article 26: The Right to Dignity at Work Csilla Kollonay-Lehoczky Article 27: The Right of Workers with Family Responsibilities to Equal Opportunities and Equal Treatment Isabelle Schoemann Article 28: The Right of Workers' Representatives to Protection in the Undertaking and Facilities to Be Accorded to Them Niklas Bruun Article 29: The Right to Information and Consultation in Collective Redundancy Procedures Bruno Veneziani Article E: Non-Discrimination Csilla Kollonay-Lehoczky Conclusions-The Potentials for the Charter to be Used Niklas Bruun, Klaus Loercher, Isabelle Schoemann and Stefan Clauwaert