The Law and Practice of the European Social Committee

Auteur

Francesco Seatzu is a Full Professor of International and European Union Law at the University of Cagliari, Italy. He has authored The UN Committee on Economic, Social and Cultural Rights: The Law, Process and Practice (Routledge, 2012) and The World Bank Inspection Panel (Giappichelli, 2008),

Amaya Ubeda de Torres works at the Venice Commission, Council of Europe.

Texte du rabat

This book examines the European Committee of Social Rights' practice and interpretation of the substantive rights and freedoms set out in the European Social Charter. The book evaluates the working methods of the European Committee and how it makes its assessments concerning the compatibility of domestic legislation and practice with the Charter rights. The European Committee of Social Rights is compared to other human rights instruments and institutions in Europe in order to assess its impact and effectiveness.

Résumé

In 2011 the European Social Charter, the first human rights treaty entirely devoted to economic, social and cultural rights celebrated its 50th anniversary. Since its inception, the instrument has undergone several fundamental changes, including a substantial revision in 1996 and the enactment of an additional Protocol on collective complaints in 1998. The developments have unleashed the most sophisticated mechanism to ensure the justiciability of economic and social rights in Europe. The European Committee of Social Rights established in the Charter, monitors and determines whether Member States conform to domestic law and whether their practice complies with the provisions of the Charter. The Committee examines a significant number of cases, and makes conclusions and decisions based on national reports and collective complaints.

This book provides an overview of the institutional characteristics and functioning of the European Committee of Social Rights in light of its practice. The book examines the Committee's practice and interpretation of the substantive rights and freedoms set out in the Charter and its Protocol, as well as in the Revised Social Charter. The book evaluates the working methods of the European Committee and how it makes its assessments concerning the compatibility of domestic legislation and practice with the Charter rights. The European Committee of Social Rights is compared to other human rights instruments and institutions around the world as well as any interactions with these mechanisms in order to assess the impact and effectiveness of the European Committee of Social Rights.

The book will be of interest to scholars and students of human rights law as well as socio-economic rights practitioners, and the judiciary.

Contenu

1. Introduction 2. Defining the Committee's scope of action 3. Protecting individual rights with social dimension 4. Protecting vulnerable groups 5. Setting standards and principles under the Charter 6. Implementing the Committee's decisions