Description
Book SynopsisThis 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.
Trade ReviewOne of the book's strengths is that, from a methodological perspective, it is written in a systematic and transparent manner, allowing the reader to locate the desired information with ease ... One can only hope that the reviewed collection will stimulate further academic scrutiny and will significantly raise awareness amongst practitioners and trade unions about, as the authors eloquently put it in the foreword, the 'necessary anchor of the social dimensions of the European Union in legal and political practice. -- Primož Rataj * European Journal of Social Security *
Table of ContentsPart I: General Part The European Social Charter as the Social Constitution of Europe
Olivier De Schutter Interpretation
Klaus Lörcher 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 Lörcher Article 3: The Right to Safe and Healthy Working Conditions
Klaus Lörcher 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 Schömann 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 Schömann Article 19§4: 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
Mélanie 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 Schömann 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 Lörcher, Isabelle Schömann and Stefan Clauwaert
