Social Rights in Europe

Erscheinungsjahr 2005
ISBN: 978-0-19-928617-1
Verlag: OUP Oxford

Buch, Englisch, 440 Seiten, Format (B × H): 161 mm x 240 mm, Gewicht: 813 g

Social rights, while traditionally the neglected sibling within the human rights family, have been prominent on the agenda in Europe in recent years. The debate over the justiciability of social rights in the EU's Charter of Fundamental Rights, and the revision of the Council of Europe's European Social Charter, have contributed in different ways to this prominence. The chapters in this book examine these recent developments, and discuss some of the current dilemmas and challenges for the system of protection of social rights in Europe.

The collection moves deliberately beyond the traditional focus on labour rights to consider other social rights which are seen to be of growing importance, such as health and disability in particular. Writers who are familiar with, and in some cases who have worked within, the various European systems assess different aspects of their functioning, including their respective mechanisms for monitoring and enforcement. The relationship between the two main systems of protection of social rights (The EU Charter of Fundamental Rights and the European Social Charter) is considered both in a chapter on the possibility for future accession of the EU to the ESC, as well as through a series of case studies on the right to work, to health, to freedom from discrimination, and the rights of the disabled. This approach allows reflection on the respective strengths and weaknesses of these two systems, and the existing tensions and synergies between them.

Zielgruppe

Academics and students in the fields of international human rights law, European labour law and European social policy.

Autoren/Hrsg.

de Witte, Bruno

de Búrca, Gráinne

De Burca, Grainne

Weitere Mitwirkende

Ogertschnig, Larissa

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte

Inhaltsverzeichnis

- I

- 1: Gráinne de Búrca: The Future of Social Rights Protection in Europe

- 2: Cécile Fabre: Social Rights in European Constitutions

- II The European Social Charter

- 3: Régis Brillat: The Supervisory Machinery of the European Social Charter: Recent Developments and Their Impact

- 4: Philip Alston: Assessing the Strenghts and Weaknesses of the European Social Charter's Supervisory System

- 5: Gisella Gori: Domestic Enforcement of the European Social Charter: The Way Forward

- 6: Jean-François Akandji-Kombé: The Material Impact of the Jurisprudence of the European Committee of Social Rights

- III The European Union

- 7: Olivier De Schutter: Anchoring the European Union to the European Social Charter: The Case for Accession

- 8: Bruno de Witte: The Trajectory of Fundamental Social Rights in the European Union

- 9: Brian Bercusson: Social and Labour Rights under the EU Constitution

- 10: Silvana Sciarra: Fundamental Labour Rights after the Lisbon Agenda

- 11: Stijn Smismans: How to Be Fundamental with Soft Procedures? The Open Method of Coordination and Fundamental Social Rights

- IV ESC Jurisprudence and the EU Acquis: the Common Core and the Added Value?

- 12: Diamond Ashiagbor: The Right to Work

- 13: Mark Bell: Walking in the Same Direction? The Contribution of the European Social Charter and the European Union to Combating Discrimination

- 14: Gerard Quinn: The European Social Charter and EU Anti-discrimination Law in the Field of Disability: Two Gravitational Fields with One Common Purpose

- 15: Tamara K. Hervey: We Don't See a Connection: The 'Right to Health' in the EU Charter and European Social Charter

- V Beyond Europe's Borders

- 16: Alexandra Gatto: The Integration of Social Rights Concerns in the External Relations of the European Union

- 17: Marie-Ange Moreau: European Fundamental Social Rights in the Context of Economic Globalization

Über Autor(innen)

Gráinne de Búrca has been professor of European Union Law at the European University Institute since 1998. Prior to that she was a lecturer in law at Oxford University and fellow of Somerville College from 1990-1998. She has been a visiting professor at the Universities of Toronto, Michigan, Columbia and NYU. Her field of expertise is broadly in EU law, with particular focus on constitutional issues of European integration, EU human rights policy and European and transnational governance. She is co-director of the EUI's Academy of European Law and series co-editor of two OUP book series: Oxford Studies in European Law, and the Collected Courses of the Academy of European Law. She is co-author with Paul Craig of the textbook EU Law, currently in its third edition.;

Larissa Ogertschnig is researcher in the Department of Law at the European University Institute where she is currently completing her PhD on EU Democracy Assistance to the states of the former Soviet Union. She holds a law degree from the University of Vienna and a Diploma in International Studies from the Paul H. Nitze School of Advanced International Studies - Johns Hopkins University, Bologna Center. She has worked with governmental and non-governmental organizations in the field of university reform in several states of Central Asia and was stagiaire in the Delegation of the European Commission in the Ukraine. Her research interests are in the field of EU external relations, human rights and democratization.

Bruno de Witte has been professor of European Union Law at the European University Institute in Florence since 2000. Prior to that he was a professor of EU law at Maastricht University in the Netherlands. He is co-director of the EUI's Academy of European Law and series co-editor of the OUP book series: Collected Courses of the Academy of European Law. His main fields of research are the constitutional law of the European Union and legal issues of cultural diversity, language regulation and minority protection in Europe.