Book contents
- Frontmatter
- Contents
- Preface
- Introduction: Increased Interest in the Protection of Social Rights at the European Level: The Case of the European Social Charter and the Collective Complaints Procedure
- 1 The European Social Charter Treaty System in a Nutshell
- 2 Foundations and Rationale of the Collective Complaints Procedure within the European Social Charter System
- 3 The Admissibility of Collective Complaints under the ESC System
- 4 Procedural Stages, Aspects and Tools in the Examination of Collective Complaints
- 5 The Result of the Assessment of Collective Complaints: The ECSR’s Decisions on the Merits and Their Follow-Up
- 6 Jurisdictional Nature and Legal Value of the ECSR’s Decisions on the Merits
- 7 The Interpretative Importance of the ECSR’s Case Law
- 8 Final Considerations: Effectiveness and Appropriateness of the Collective Complaints Procedure as an Instrument for Protecting Social Rights in Europe
- Bibliography
- Index
Introduction: Increased Interest in the Protection of Social Rights at the European Level: The Case of the European Social Charter and the Collective Complaints Procedure
Published online by Cambridge University Press: 02 March 2022
- Frontmatter
- Contents
- Preface
- Introduction: Increased Interest in the Protection of Social Rights at the European Level: The Case of the European Social Charter and the Collective Complaints Procedure
- 1 The European Social Charter Treaty System in a Nutshell
- 2 Foundations and Rationale of the Collective Complaints Procedure within the European Social Charter System
- 3 The Admissibility of Collective Complaints under the ESC System
- 4 Procedural Stages, Aspects and Tools in the Examination of Collective Complaints
- 5 The Result of the Assessment of Collective Complaints: The ECSR’s Decisions on the Merits and Their Follow-Up
- 6 Jurisdictional Nature and Legal Value of the ECSR’s Decisions on the Merits
- 7 The Interpretative Importance of the ECSR’s Case Law
- 8 Final Considerations: Effectiveness and Appropriateness of the Collective Complaints Procedure as an Instrument for Protecting Social Rights in Europe
- Bibliography
- Index
Summary
In the past decade, we witnessed a number of crises and changes, which have had, and are still having, an adverse impact on the effective enjoyment of economic and social rights by many communities across the world, undermining the capacity of states and the political will of governments to safeguard and promote the enjoyment of these rights.
Most of the countries in Europe have been particularly affected by the consequences of such crises and changes. A major source of concern and problems in terms of protection of social rights in Europe is related to the serious difficulties which workers, families and the most vulnerable people have experienced, and are still experiencing, because of the economic crisis which has endured since 2008 and the ‘austerity measures’ deployed by some states to cope with it. Inadequate levels of social security benefits and social assistance continue to disproportionately affect those who are most vulnerable, namely the poor, the elderly and the sick. Public policies continue to be unable to stem a generalized increase in poverty and unemployment. The pursuit of flexibility and changes to employment contracts are at risk of undermining workers’ rights and safety. Austerity measures and budgetary cuts are placing ever-increasing pressure on health systems, and there are also signs of a potential deterioration in the protection of health and safety at work.
Secondly, problems have arisen in the recent past, and are continuing in the present, because of the migrant and refugee crisis. Over the past five years, millions of migrants and refugees fleeing war, terror, torture, persecution and poverty have crossed into Europe, where divisions have arisen among European states over how best to deal with resettling people. Offering these millions of individuals hospitality, respect for their dignity and their fundamental rights, as well as prompt and effective social integration, poses a major challenge for European states attempting to apply international social rights standards.
At the same time, as globalisation and automation progress, amplified by the ongoing technological revolution and the immense potential of artificial intelligence, it is clear that employment and labour market policies are changing radically, and it is predicted that millions of jobs may soon be lost.
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- Publisher: Anthem PressPrint publication year: 2022