Social Rights in Europe

by de Búrca, Gráinne; de Witte, Bruno; Ogertschnig, Larissa

• ISBN13: 9780199287994
• ISBN10: 0199287996
• Format: Paperback
• Copyright: 2005-12-08
• Publisher: Oxford University Press

Summary

The book is concerned with the legal framework for protecting and promoting social rights in Europe. Its chapters examine procedural and substantive aspects of the Council of Europe's European Social Charter and the European Union's Charter of Fundamental Rights, as well as the EU's so-called "acquis" in the area of social rights. They look at a range of issues, including the strengths and weaknesses of the two systems in terms of promoting and protecting social rights by examining the legal and political enforcement mechanisms as well as at some of the important substantive rights contained within each.

Table of Contents

List of Abbreviations	ix
Notes on the Contributors	xi
PART I. INTRODUCTION
The Future of Social Rights Protection in Europe	3	(12)
Grdinne de Burca
Social Rights in European Constitutions	15	(16)
Cecile Fabre
PART II. THE EUROPEAN SOCIAL CHARTER
The Supervisory Machinery of the European Social Charter: Recent Developments and their Impact	31	(14)
Regis Brillat
Assessing the Strengths and Weaknesses of the European Social Charter's Supervisory System	45	(24)
Philip Alston
Domestic Enforcement of the European Social Charter: The Way Forward	69	(20)
Gisella Gori
The Material Impact of the Jurisprudence of the European Committee of Social Rights	89	(22)
Jean-Francois Akandji-Kombe
PART III. THE EUROPEAN UNION
Anchoring the European Union to the European Social Charter: The Case for Accession	111	(42)
Olivier De Schutter
The Trajectory of Fundamental Social Rights in the European Union	153	(16)
Bruno de Witte
Social and Labour Rights under the EU Constitution	169	(30)
Brian Bercusson
Fundamental Labour Rights after the Lisbon Agenda	199	(18)
Silvana Sciarra
How to Be Fundamental with Soft Procedures? The Open Method of Coordination and Fundamental Social Rights	217	(24)
Stijn Smismans
PART IV. ESC JURISPRUDENCE AND THE EU ACQUIS: THE COMMON CORE AND THE ADDED VALUE
The Right to Work	241	(20)
Diamond Ashiagbor
Walking in the Same Direction? The Contribution of the European Social Charter and the European Union to Combating Discrimination	261	(18)
Mark Bell
The European Social Charter and EU Anti-discrimination Law in the Field of Disability: Two Gravitational Fields with One Common Purpose	279	(26)
Gerard Quinn
We Don't See a Connection: The 'Right to Health' in the EU Charter and European Social Charter	305	(34)
Tamara K. Hervey
PART V. BEYOND EUROPE'S BORDERS
The Integration of Social Rights Concerns in the External Relations of the European Union	339	(28)
Alexandra Gatto
European Fundamental Social Rights in the Context of Economic Globalization	367	(16)
Marie-Ange Moreau
Bibliography	383	(26)
Larissa Ogertschnig
Index	409